Legal Question in Employment Law in Florida

Can an employer deny you consideration for a job due to your sex?


Asked on 12/05/09, 11:33 am

3 Answers from Attorneys

Sarah Grosse Sarah Grosse, Esquire

It depends. Remember the ridiculous case of men wanting to wait tables at Hooters? If only one gender is suitable to perform a particular job function, and there are alternative positions in the company for the opposite gender (such as at Hooters men can work in the kitchen or as floor staff bussing tables and such), then it may be okay for an employer to deny a person consideration for a job due to their gender. If that doesn't apply in this situation, you would have to prove that the main reason your were denied is gender (not that you were underqualified, the business owner didn't like your attitude, etc.).

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Answered on 12/10/09, 12:02 pm
Hunter Chamberlin Chamberlin Butler & Crowe, P.A.

Only under very rare circumstances. If that has happened to you you should consult a lawyer as soon as possible.

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Answered on 12/10/09, 12:42 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

There are not enough facts, but usually, they cannot.

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Answered on 12/10/09, 2:02 pm


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