Is it a gender discrimination if a restaurant only hires women server/waitress?

Asked almost 2 years ago - Pensacola, FL

I am a male who was seeking an employment as a waiter with a certain restaurant. I was told they usually only hire women waitresses. They didn't come out flat and said they don't hire men waiters. But looking around there was no male waiters. Is this a gender discrimination?

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Attorney answers (3)

  1. Jason D. Holbrook

    Pro

    Contributor Level 12

    1

    Lawyer agrees

    Answered . It very well could be. The precise answer depends on many things. You should consult an attorney for a more detailed discussion regarding your rights.

    I am not your attorney, we do not have an attorney client relationship and nothing stated above should ever be... more
  2. Marilynn Mika Spencer

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I am a California attorney and cannot give legal advice in your state. My comments are information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT OFFER SIMILAR OR GREATER PROTECTION. If I mention your state’s laws, it only means I did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state to learn your rights.

    This is an interesting question, and you are right to question sex-based hiring. As you must be aware, many restaurants (and other businesses) hire only men or only women for certain jogs. Of course it is illegal to make hiring decisions based on sex, other than in very rare situations that are not relevant to any restaurant I can imagine.

    The hard thing, of course, would be to prove the reason you were not hired was due to your sex. Your experience, personality, education, demeanor and more can be subjectively rated, and you can be refused a job because of any or all of these factors. I'm not saying it is impossible to prove sex-based hiring decisions, just that it's a steep uphill battle. You will probably need to work with an attorney to properly pursue such a claim.

    Please look at my guide to unlawful discrimination: http://www.avvo.com/legal-guides/ugc/what-is-un... which should help you understand lawful and unlawful discrimination and how to enforce your rights.

    You can find a plaintiffs employment attorney on the National Employment Lawyers Association (NELA) web site www.nela.org. NELA is the largest and most influential bar association in the country for attorneys representing working people. You can search by location and practice area. Also, NELA has affiliates in every state and many cities which are listed on the NELA site. Not all NELA attorneys are named on the web site or affiliate site. This should not influence your selection; attorneys can choose whether or not to purchase a listing in the national directory, and each affiliate has its own rules for listing.

    I hope you can resolve your situation and wish you the best.

    *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your... more
  3. Christine C McCall

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . This is a VERY good question. Truth be told, even skilled and experienced employment attorneys do a double-take sometimes when they see a restaurant or bar with a workforce of servers that all look remarkably alike.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more

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