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terranova

The Wissmans are hiring (men only)

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terranova
Due to the fact that we are expanding our irrigation business, we are currently looking to hire four able-bodied young men for full time work positions. This is a general labor position with possibility of future promotion into management.

Is it legal in the US to discriminate by gender in employment advertisements?

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bean

I'm not sure about the legalities involved, but I bristled a bit when I read that too. It does look like very tough labor that fewer women than men would be up for, but they have often shown the daughters helping in the field. And not just bringing lunch or easy stuff, those girls were helping to dig the trenches.

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NoneandDoneinCali

I might be more concerned about the age discrimination - so, a middle-aged man with a family to support is not as desirable as someone young with (presumably) less to lose? Oh, because you can pay them less, work them longer and not feel bad about it. Right.

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HereticHick

No, it is NOT legal in the United States to discriminate based on sex in hiring: http://www.eeoc.gov/laws/practices/

"Job Advertisements

It is illegal for an employer to publish a job advertisement that shows a preference for or discourages someone from applying for a job because of his or her race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.

For example, a help-wanted ad that seeks "females" or "recent college graduates" may discourage men and people over 40 from applying and may violate the law."

--United States Equal Employment Opportunity Commission

Perhaps the Wissmans need to be reminded that fundies need to obey the law just like the rest of us patriotic Americans. : )

Just posted it on their blog; lets see how long before they scrub the comment. :)

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docmom

Is it legal in the US to discriminate by gender in employment advertisements?

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HereticHick

Do the Wissmans live in Kansas? Do they have 4 or more employees?

"Kansas Sex Discrimination: What you need to know

The Kansas Act Against Discrimination prohibits discrimination in employment on the basis of sex (KS Stat. Sec. 44-1001et seq.). Discrimination based on sex generally covers maternity and pregnancy. The law applies to all public employers and private employers with four or more employees.

Under the Act, it is unlawful for an employer to:

• Refuse to hire, discharge, or otherwise discriminate against a person on the basis of sex in compensation or in terms, conditions, or privileges of employment.

• Limit, segregate, or make any distinction with regard to sex, or to follow any employment practice that results in discrimination, segregation, or separation without a valid business necessity.

• Print or circulate any statement, advertisement, or publication, or use any form of application for employment that expresses, directly or indirectly, any limitation, specification, or discrimination as to race or color, unless based on a bona fide occupational qualification (BFOQ).

• Make any inquiry in connection with prospective employment that expresses, directly or indirectly, any limitation, specification, or discrimination as to sex.

• Discharge, expel, or otherwise discriminate against any person because he or she has opposed any practices or acts forbidden under the Act or has filed a complaint, testified, or assisted in any proceedings under the Act.

• Discriminate, segregate, or separate on the basis of sex in admission, hiring, assignments, upgrading, transfers, promotion, layoff, dismissal, or apprenticeship or other training or retraining program.

• Aid, act, incite, compel, or coerce any of the conduct forbidden under the Act, or attempt to do so.

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darkplumaged

I think they live in Nebraska. A quick Google shows that the 15-employee rule applies there, so perhaps they're off the hook.

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terranova

They've changed the wording:

able-bodied workers for full time work positions. This is a general labor position with possibility of future promotion into management

And they were quite polite about it in the comments:

Wissmann said...

Thank you for this information. We've made changes accordingly!

Blessings!

I wouldn't imagine a woman would get a shot though. Let alone a woman over 30!

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YPestis

It doesn't matter that they changed the wording, the family will hire young, healthy men. It's pretty hard to prove discrimination in small businesses (and probably not worth most people's time to investigate it). I think that's a major appeal for fundies to be self-employed. They can tacitly discriminate in hiring practices. Ban gays and heathens. Hire for only gender approved positions. Enforce their belief without worry of a lawsuit (since you can hire those that share your beliefs).

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artdecades

The term "able-bodied" is also discriminatory for those with disabilities. Yes, the work requires a certain physical strength, but there are many people with disabilities, visible and hidden, who can do hard labor. Most job applications for jobs with labor will say "must be able to lift 50 pounds" or "job requires standing for a long period of time". These provide specific qualifications without using blanket terminology like "able-bodied".

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