Q: can i be sued for advertising a job specifically for a young female? i dont have any employees yet
im in NY
A:
Why would you do that?
Even if you do not have 15 employees New York State and its localities protect employees who work for smaller employers from the type of prima facie discrimination you describe. The type of advertisement you describe will appear discriminatory on its face even if you have a bona fide occupational reason for doing so and given modern medicine you may not. I have seen 30 year olds who look 55 and 60 year olds who appear 35.
If the business legitimately can not exist without such employees and hiring older or non-females would destroy the business can you not explain that on a case by case basis or when someone shows up for the interview? Even if you attempted to do that let's say that an applicant in New York chooses not to disclose their gender. What if an applicant appears to be an extremely attractive female, applies, you hire them, and discover that she is actually a he? And you also know that she, who is actually a he, is the most attractive female you have ever hired. What would you do then in New York State? You certainly would not fire them I hope. If you did would the employee not have a great discrimination claim against you?
A:
You may be looking at an age discrimination lawsuit. There are legal ways that you can seek employees who fit your needs.
See: http://www.aeesq.com/business-law/employment-lawyer/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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