Women searching for new jobs in male-dominated industries often feel like they are facing an uphill climb. They may face stereotypes and discrimination even before they sit down for an interview. But are there jobs out there that are actually “just for men”? Is there ever a time a woman can be turned down just because of her gender?

In this blog post, I will discuss the standards for sex discrimination in hiring and promotion set by the Equal Employment Opportunity Commission (EEOC). I will also review a recent federal court decision about sex discrimination in the male-dominated field of trash collection. Readers will learn the signs of sex discrimination, as well as a few industries where gender really does matter.

Sex Based Discrimination and Civil Rights Laws

Title VII of the U.S. Civil Rights Act prohibits discrimination based on sex or gender. That means it is against federal law for employers to base any aspect of employment – like hiring, firing, pay, job responsibilities, or promotion – on a person’s sex. When an employer takes sex or gender into account during the hiring process, the would-be employee can file a complaint with the EEOC or file a lawsuit to get their job back.

There is nothing to say that only women can be discriminated against based on their sex. However, there are still many industries that are seen as “just for men.” In those sections of the job market, it may take a federal investigation to make an employer consider a female candidate.

Even Trash Collection Jobs Are Not Just for Men

Recently, a federal judge ruled in favor of the EEOC on a sex discrimination case against a staffing agency that wasn’t offering women jobs as trash collectors. In October 2015, the EEOC sued Workplace Staffing Solutions, LLC, a Louisiana company operating out of Gulfport Mississippi, for sex discrimination. According to the EEOC’s complaint, the staffing agency failed to hire 6 women as temporary trashcan collectors because of their gender. One qualified female applicant, Jonika Walton, was told by a company representative that the position was a “male-only” job. Others were told “industrial jobs” were “usually for men” and that the trashcan collector position was “more of a job for a guy.”

The company failed to respond to the EEOC’s allegations, so U.S. District Court Judge Louis Guirola, Jr., ordered the staffing agency to pay $179,000 in money damages, including compensatory damages, back pay, and punitive damages. EEOC’s regional attorney C. Emanuel Smith, from the Birmingham District Office, said in a statement:

Sex discrimination continues to be a barrier for women seeking employment. . . . EEOC believes this is a significant problem for women who seek temporary employment through some staffing agencies. The law demands that women receive equal employment opportunities. Employers are not allowed to presume that women would not be interested in performing certain types of jobs. EEOC stands ready to stop these violations in court, if necessary.

Man-Only Jobs Do Exist, But Rarely

While employers are not generally allowed to use sex as a deciding factor for employment, there are some positions where a person’s sex does make a difference in his or her ability to do the work. When that’s the case, an employer is allowed to limit employment to a particular gender based on a “bona fide occupational qualification.” Here are some examples:

• Entertainment Industry: Some roles are written specifically for male actors, comedians, dancers, or singers. If a model is hired to sell men’s clothing, or an actor is employed to represent a historical figure, that person’s sex is relevant.
• Bathroom/Locker Room Attendants: Some establishments staff their bathrooms and locker rooms. Particularly given the recent uproar about gender-specific restrooms, these attendants need to share a gender with their patrons.
• Corrections Officers: For safety reasons, jails and prisons often make sure their corrections officers are the same sex as the inmates they observe. This can lead to gender-specific hiring opportunities, even by the federal government.
• Religious Officials: Several religions limit the gender of their officials based on their sincerely held religious beliefs. They are allowed to do so because of the Constitution’s limits on the regulation of a religious organization.

However, while male-only jobs do exist, they are not nearly as common as most people think. In recent years, even the military has come to accept the fact that some women will be qualified for the most intense combat positions. Men still dominate some industries, including everything from firefighters to tech development companies. But most of those industries don’t objectively require employees to be one sex or another.

Fighting Back Against Gender Discrimination

If you have been turned down for a “male-only” job, chances are it wasn’t one with a “bona fide occupational qualification” based on gender. The employment discrimination attorneys at Eisenberg & Baum, LLP, are here to help. We will go through your case with you and help you file an EEOC complaint or lawsuit in state or federal court. Contact us to schedule a consultation and find out if your rejection letter is the start of a sex discrimination claim.