Anonymous
Anonymous asked in Social ScienceGender Studies · 1 decade ago

Legally can you be refused employment just because you are male?

Are there some cases where LEGALLY you may be refused employment just because you are a Male?

Update:

Helen, excellent answer, I was going to add that information now. So taking your example of privacy; the single sex old people's home who LEGALLY only employ the same sex workers, what happens? Biological difference means it can never be exactly equal ............ and?

Update 2:

I have been asked to comment about this series of questions. I do so here, continued in comments

http://answers.yahoo.com/question/index?qid=200806...

Update 3:

The key issue in this is not equality of men and women, but rights of one sex to be MADE equal to the other sex. Women and men are biologically different. The best way we have of addressing issues of discrimination is in law (not perfect I know) but the best we have. Laws are constantly being challenged/ new case laws set precedents. BUT laws are far from perfect or nearly as straight forward as many believe. Laws have been developed according to the individual culture/traditional norms of a geographical area in a particular period of history. These historical and biological differences are extremely important when assessing if the TREATMENT of one sex is EQUAL to another. Depending on the geographical location, the culture, the history, the dominant religion etc the accepted VERSION of equal treatment will be very different.

Update 4:

For example women have been historically viewed as being weaker so protectionist legislation is passed in order to protect her so she receives equal treatment. However, Protectionist legislation looks at the woman as the problem, NOT at the DESIGNED environment (the urinals are designed for men only) that has caused the woman not to be able to use that facility in the first place. It is not enough to legislate for equal opportunity, legislation must also address equality of results. It is impossible to make men and women totally equal in law because they do no share the same biology. If you fail to take into account these differences it will undoubtedly result in loss of access to rights for one sex. If we ignore the cultural and historical context of legislation and policy we ignore the subordinate position women have historically held. A corrective view, recognizes that women and men may need to be treated very differently to achieve any equality in outcome.

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  • Anonymous
    1 decade ago
    Best Answer

    Yes you can be refused employment just because you are a male. Yes you can be refused employment just because you are a female.

    In the UK the legislation to look at is The Genuine Occupation Requirements for gender. They also apply to race, religion and sexual orientation. The Genuine Occupation Requirements basically give exceptions to laws which state that you must not discriminate on the grounds of gender, race etc.

    As other responders have highlighted GOR clause may be used in the arts/advertising industry on the authenticity or physiology criteria. An easier one to understand in relation to gender is perhaps the issue Decency and Privacy; in a single sex old people's home the same sex carers can be sought and legally a member of the opposite sex can be refused employment just because of gender.

    Source(s): Good beginners book here which gives a case study. http://books.google.co.uk/books?id=FHYKOs_p8EMC&pg...
  • 4 years ago

    Yes, your employer can legally fire you and you would probably have no case. Most employment contracts are "at-will" contracts. Meaning your employer can fire you for any (non-discriminatory) reason, or for no reason at all. The exception is if you have a contractual clause saying that you can only be fired "for cause". There are not many of these EXCEPT: 1) unionized labor and 2) government employment. Outside of that, its not so common to have a "for cause" clause unless you specifically bargained for it when you were hired. NOTE: When I say he can fire you for a non-discriminatory reason, this is VERY unlikely to be called discriminatory. Usually it is only race, religion, sex, etc. I believe there was a case a couple of years ago where an African American was fired from his job (at six flags in NJ) because of his dreadlocks (after he refused to shave them). He argued in court that it was part of his culture, so it was discriminatory, and even THAT case was thrown out of court (if I remember correctly). If that wasn't discriminatory, this CERTAINLY isn't. Sorry. Good luck finding a new job.

  • Your question is slightly confusing. Are you asking if there are jobs that are gender specific, and they can hire the "correct" gender? Then yes, there are. Nobody expects a clothing catalog to hire male models to show what bra's look like, or female models, to show what men's Jockey shorts look like.

    Or are you asking if a male person doing the hiring has the right to legally refuse people employment, just because the person doing the hiring is male, and has certain whims? Then, no, not here in the States. Not unless the job is gender specific, of which there are not very many.

    ~Garnet

  • 1 decade ago

    The bulk of the answers to your question show how little most people have thought about misandrous sexism. Job discrimination against men happens all of the time. Some cases go to court, like:

    "Razzoo’s, a Dallas/Fort Worth-based Cajun food restaurant chain, will pay $1 million and furnish significant remedial relief to settle a sex discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The EEOC had charged Razzoo’s with discriminating against a class of male applicants and employees.

    The EEOC said that Razzoo's refused to hire or promote men to the position of bartender in its restaurants. Razzoo's management set up and communicated to managers by e-mail a plan for an 80-20 ratio of women to men behind the bar, the EEOC said. Male applicants and servers were expected to testify at trial, which will now be unnecessary because of this pre-trial settlement, that managers told them Razzoo's wanted mostly girls behind the bar. Men who worked as servers at the restaurants were generally denied promotion to bartender because of their gender. The few men who were promoted to bartender were not allowed to work lucrative girls-only bartending events."

    Furthermore, consider that every time an act of "affirmative action" is carried out, that really means that someone who wasn't hired WAS discriminated against, and, since few beneficiaries of affirmative discrimination are men, that means that MOST of those discriminated *against* by such policies are men.

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  • Anonymous
    1 decade ago

    Ive had that happen twice but I didnt bother to check if it was legal or not. I just got something else. Why should I fight for the "pleasure" to job where Iam not wanted. I suppose somebody with a ballbuster mentality would take some delight in it, but not me.

  • Anonymous
    1 decade ago

    For freelance jobs, you can refuse anyone you want. Example, for a child caretaker or babysitter, you can refuse to let someone watch your child for any reason at all if you are uncomfortable as a parent.

    But any legitimate employer registered with the state to provide benefits and associated compensation MUST give equal employment opportunity and consideration to both males and females with blind regard to gender, unless gender is relevant to the specific job responsibilities.

  • 1 decade ago

    Yes, but only if being female is a legitimate job requirement. Playing a sport in a female league requires you to be female. Being a secretary does not require it, though some people (not me!) might think of it as a female career.

  • Anonymous
    1 decade ago

    No. It would be breaking civil rights laws to refuse employment to someone purely based on gender.

    Of course there's ways around this, you can't force a strip club to employ a male dancer when the target audience is straight males. You can always say that employment was declined because he didn't have the right qualifications, namely T&A.

    Problem with the whole thing is that it's hard to prove you were discriminated against for any reason, because it's so easy to come up with an excuse.

  • Anonymous
    1 decade ago

    Of course. A producer casting a female role in a film may put out a call for females only. An egg donor, a surrogate mother, a wet nurse. A women's clothing model. A security agent in an airport that will conduct body searches for female passengers. A prison guard in a woman's prison who will attend witnessed urine samples for drug screening.

  • Anonymous
    1 decade ago

    No not legally, but as a guy there are just some jobs i wouldn't want to do, for example the bra fitter, although some guys are capable i would never do that.

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