Is it legal to hire a man over an equally qualified woman because you prefer to hire a man?

Question

Isn't that what the are proposing in the UK?

Answer 1

the man wont leave for a year because he has had a baby. Less chance of you being sent to court for sexual harassment. Many many more reasons i wouldn't explain because i would get women complaining and protesting outside my house. or he might like the male more i.e sence of humer

Answer 2

If two job candidates are equally qualified it is up to the employer to choose whichever he wants.  There is nothing in the law stating he has to pick one over the other when they are both equally qualified.  It's a toss up.  HOWEVER....if the employer specifically lets it be known that he is choosing the man because he prefers to hire a man....THAT is discrimination and therefore illegal.

Answer 3

that's called sexual discrimination and it is illegal.

Answer 4

yes it is!

Answer 5

Marc,

Yes, technically discrimination in hiring for sexual reasons is illegal in the USA.

HOWEVER...It's really quite easy to come up with some other reason why the man (if that is your preference) would be a better employee than the woman...maybe he had two days more experience in a similar type of job...maybe he lived closer to the job site and...maybe you felt he was more in tune with your other employees and your goals...

How do I know this?  I was the employer for many years and did the hiring.

Answer 6

everythings legal if no one finds out

Answer 7

It is illegal!

There shouldn't be a s*x descrimination.

Read this:

Federal Law

The federal law prohibiting sexual discrimination in the workplace is Title VII of the 1964 Civil Rights Act. Title VII applies to private employers, state and local government employers, labor organizations, employment agencies, and joint employer-union apprenticeship programs with 15 or more employees.

The federal law protecting students from s*x discrimination is Title IX of the Education Amendments of 1972. The law applies to academic, extra-curricular, research, occupational training, and other educational programs from pre-school through graduate school that receive or benefit from federal financial funding. There are some educational institutions that are not covered by Title IX, even if they do receive federal funding, including some religious organizations, military training schools; and university fraternities and sororities

To give you more details, here are the facts that we, women, should stand up to:

Know Your Rights: s*x Discrimination

What is s*x discrimination?

When you are treated differently because of your s*x and when the different treatment negatively affects the “terms or conditions of employment,” it is illegal. “Terms or conditions of employment” include position, pay, title, being hired or fired from a job, and advancement and training opportunities.

Students can also be the victims of s*x discrimination if teachers or other students discriminate against you because of your s*x.

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Examples of s*x Discrimination

These examples of s*x discrimination are to help you decide if you are being discriminated against because of your s*x.

Hiring

You apply for a job as an executive consultant.Although you have experience and excellent qualifications, you are not hired because some of the company’s long-time clients are more comfortable dealing with men.

Firing

You are told that you are laid off due to company cutbacks and reorganization.However, men in the same job and with less seniority keep their jobs.

Promotion

You work as a sales clerk at a retail store for ten years but have been repeatedly denied the opportunity to advance.Men with less experience, including men that you trained and/or supervised, receive the promotions instead.

Job Classification

You work at a company that has an eight-tier job classification system.Your responsibilities have increased over time, but your job classification and pay has remained stagnant. Male colleagues have their job classification and pay adjusted to reflect their increased responsibilities.

Benefits

You are required to use your sick and vacation leave to take time off for your pregnancy because your employer doesn’t provide long-term disability leave for pregnancy, but does cover other health conditions. A male co-worker was on leave for six months because he had a heart attack and he was able to use the long-term disability plan.

Pay

You work your way up from the position of cook’s helper to chef.Now another chef has been hired. He has similar training and work experience, but you find out that he is being paid more than you.

Sexual Harassment

Your boss is the vice-president of the company.He repeatedly makes unwelcome comments about your body and routinely puts his arm around your waist when discussing work-related matters. You tell him his behavior makes you uncomfortable and ask him to stop. He says, “Maybe you are too uptight for this job. I probably should never have hired you.“ You now are afraid of losing your job if you don’t “loosen up.”

Answer 8

According to law you're really supposed to even the chances between a handicapped person and a non-handicapped person, what does the law care about women? They just give them tampons and say "thanks for your consideration. We'll [never] call you."

Answer 9

It's not legal, no.  That is why employers now focus on a person's personal qualities rather than qualifications and experience - because that way they can actually choose who they employ instead of being told by the militant loonies who they should employ.

Answer 10

If they are equally qualified, it's a crapshoot. The manager should be able to hire whomever he chooses, given that all aspects are equal.

Answer 11

It's legal to hire whoever you want to hire. You do not need to give any reason for not hiring someone.  

Answer 12

No, what they are proposing in the UK is that under-representation be taken into account. So if two equally qualified candidates (one male, one female) apply for the post, if there are less women in the team the employer may hire the woman over the man. This also applies for men if they are under-represented. As another poster pointed out earlier, it is extremely unlikely there will ever be two equally qualified candidates so actually it will probably have little effect. It is still entirely at the employer's discretion.

Answer 13

I don't see why an employer shouldn't hire whom he or she prefers.In some jobs, the s*x of an employee is necessary in given circumstances, or the employer may be uncomfortable with women workers.It is not right to impose a woman's lib movement idea on anyone. Women should have rights, but so should men.

Answer 14

I don't think it's illegal.... Yet!

But it is a wise choice in my opinion.

Answer 15

Its legal. If you feel you need the temperament and attitude of a man over that of a woman its perfectly fine. You must have a reason of not hiring the woman.

Answer 16

it is legal because you don't have to give reasons for why you didnt hire the other person...

Answer 17

It's legal to pick either of the two candidates.

However you give that reason...your going to find yourself in trouble.  

Answer 18

yes it is legal, but you cannot say you chose the man over the  woman for that reason  

Answer 19

If that's your justification, and you voice it - then yes, you could be slapped with a human rights suit.

However, if they're equally qualified than really you can choose whomever you want - as long as you don't say it's because you prefer male workers.

Answer 20

Yes, but you can't put that as your reason for hiring.  

Answer 21

yes if they are equally qualified