Best Ohio Gender Discrimination Attorney Answer: What if I am a male or female and I am rejected from a job because they are only hiring applicants of the opposite sex? Can an employer refuse to hire anyone from a particular gender because of shared housing?
As our employment discrimination attorneys have blogged about reverse discrimination, Title VII of the Civil Rights Act of 1964 and Ohio’s R.C. § 4112.99 do not protect a particular race, religion, sex or national origin. Instead, these laws stop employers from making decisions bases on an applicant’s or employee’s race, gender, or religion, whatever that might be. Our employment discrimination lawyers have expressly addressed the rights of men under Title VII and Ohio’s employment discrimination laws. (See Top Gender Discrimination Lawyer Reply: Can Men Win Discrimination Claims?; Can I Sue For Gender Discrimination If I’m A Man? Top Ohio Employment Law Attorney Reply!; Top Sexual Harassment Attorney Reply: Can I Win A Sexual Harassment Case Against My Boss Female?).
Thanks to Ruby Tuesday, we have another example of gender discrimination against men. This is a very good example because demonstrates that the reason for the discrimination, even a good reasonable reason, is not relevant. You see, Ruby Tuesday was in the market to hire servers to work in the Utah resort city of Park City. The server positions were seasonal and were only expected to last for the summer.
Ruby Tuesday was faced with an odd issue though. One of the benefits of the seasonal position was shared housing, meaning the servers would be provided with a place to live for the summer, but would have to share the lodging. Presumably attempting to avoid a future lawsuit because of male and female servers and managers sharing housing (ironic, right?), Ruby Tuesday posted an internal announcement to current Ruby Tuesday servers stating that only female servers would be considered. The position was looked at as very desirable by Ruby Tuesday employees because of the Park City housing provided and opportunity for greater compensation.
Ruby Tuesday’s attempt to avoid a lawsuit was poor at best as two male Ruby Tuesday servers sued the company claiming they were denied an opportunity at the Park City position on the basis of their gender. The male employees correctly argued that Ruby Tuesday’s excuse for only hiring female servers, the shared housing situation, was not a valid basis to discriminate against male applicants.
Title VII prohibits employers from giving more advantageous terms and conditions of employment to one group of individuals based on gender. Title VII does not allow a company to refuse employment to applicants or employees of a particular gender simply because they did not have ample housing for male and female applicants.
Due to Ruby Tuesday’s blatant exclusion of male applicants, it agreed to pay employees Andrew Herrera and Joshua Bell a total of $100,000 and take steps to prevent future sex discrimination. The company also agreed to provide training to all of its managers and employees on Title VII and agreed not to have future positions available to only applicants of a particular gender.
Ruby Tuesday’s decision to only provide shared housing to female applicants cost the company presumably much more than simply providing extra housing and accepting all applicants regardless of gender. If you were denied a position on the basis of your gender, you should not hesitate to contact an employment attorney that will ensure your rights under Title VII and corresponding Ohio are protected.
If you feel that you are being discriminated based on your gender or sex, then call the right attorney. It is never appropriate to discriminate against female employees. Discrimination against women includes being harassed, fired, wrongfully terminated, discriminated against, demoted, wrongfully disciplined, denied a promotion, and denied wages or not receiving equal pay. When you call the right attorney to schedule a free and confidential consultation at 866-797-6040, you will meet with an attorney from The Spitz Law Firm to discuss wrongful discrimination claims and help you determine the best way to pursue your gender/sex discrimination claims.
The materials available at the top of this page and on this employment law website are for informational purposes only and not for the purpose of providing legal advice. Your best option is to contact an Ohio attorney to obtain advice with respect to gender discrimination questions or any particular employment law issue. Use and access to this employment law website or any of the links contained within the site do not create an attorney-client relationship. The legal opinions expressed at or through this site are the opinions of the individual lawyer and may not reflect the opinions of The Spitz Law Firm, Brian Spitz, or any individual attorney.