Compliance
Is It Ever Legal to Only Hire One Gender?
What Federal Law Says
Under Title VII of the Civil Rights Act of 1964, it is illegal for employers to discriminate in hiring, pay, promotions, or job assignments based on sex, race, religion, or national origin. This applies to most employers with 15 or more employees and is enforced by the Equal Employment Opportunity Commission (EEOC).
That means posting a job that says "men only" or "women preferred," or making hiring decisions based solely on gender, is considered illegal discrimination. Even well-intentioned decisions can land a company in hot water.
The Rare Exception: Bona Fide Occupational Qualification
There is one narrow circumstance where hiring a specific gender is allowed: the Bona Fid Occupational Qualification (BFOQ). This is when a particular sex is reasonably necessary for the normal operation of the business.
Examples of legitimate BFOQs include:
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Hiring a female actor to play a female character in a performance.
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Staffing restrooms, locker rooms, or shelters where gender-specific privacy is essential.
Importantly, customer preference or stereotypes are never valid reasons. Hiring only men because you think they are stronger, or only women because you think they are friendlier, does not qualify as a BFOQ and can lead to legal trouble. Courts interpret BFOQs very strictly, and most jobs simply do not qualify.
Risks of Gender-Based Hiring
Even though the law is clear, companies in 2025 are still finding themselves in trouble for gender-based discrimination. For example, the EEOC recently filed suit against Tower Automotive Operations USA, doing business as Autokiniton. The agency alleged the company blocked a long-time female employee with a disability from re-entering its apprenticeship program after the pandemic, while allowing younger male workers to start as new apprentices. The company reinstated her as an apprentice in 2025, but then paid her a lower apprentice rate.
Legal Consequences:
Lawsuits and EEOC complaints can result in costly fines or settlements.
Reputation Damage:
Word spreads fast - a company known for discriminatory hiring can struggle to attract top talent.
Operational Headaches:
HR investigations, employee turnover, and morale issues often follow discriminatory practices.
How Employers Can Stay Compliant
The safest approach is to focus entirely on skills, experience, and job requirements - not gender. Here are a few best practices.
1. Write gender-neutral job postings:
Avoid words like "man" or "woman" in job descriptions. Instead, list the specific qualifications and responsibilities needed for the role.
2. Base decisions on measurable skills:
Highlight requirements like lifting a certain weight, working specific hours, or having a certification. Make hiring decisions strictly about who meets those criteria.
3. Train managers and HR staff:
Ensure that everyone involved in hiring understands anti-discrimination laws and your company's policies.
4. Consult legal or HR experts when in doubt:
If you think a BFOQ might apply, it's better to check with a legal professional before moving forward.
Key Takeaways for Employers
For the vast majority of roles, it is illegal to hire based solely on gender. Only in rare, narrowly defined situations - like certain privacy-sensitive positions or acting roles - does the law allow it. Employers who want to stay compliant should always prioritize qualifications, training, and experience over assumptions about gender.
When in doubt, consider working with a staffing partner who can help you find qualified candidates fairly and legally. That way, you get the talent you need while keeping your company safe and compliant.
