Women in the job market: the legality of hiring only women

Is hiring only women a valid policy? Data from the National Household Sample Survey (Pesquisa Nacional por Amostra de Domicílios – Pnad) show that in 2023, the number of women employed in the labor market reached an all-time high, totaling 43,380,636, surpassing the 42,675,531 registered the previous year. It’s no wonder that diversity and inclusion in the workplace has become a very relevant issue in the country in recent years, especially with regard to pay equity between men and women and access to senior management positions.

In response, several companies have adopted policies to promote gender equality and increase the participation of women in various sectors, including hiring only women. However, this practice raises questions about its legality.

According to Brazilian legislation, the exclusive hiring of women is permitted as long as it aims to reduce gender inequality in the labor market and encourages greater female participation. This action, when reasonably justified and aimed at promoting real equality, is not considered discriminatory. On the contrary. Law No. 14.611/2023 reinforces this position by guaranteeing equality between the genders, established by Article 5 of the Federal Constitution, and by providing for transparency and internal investigation instruments to identify and correct wage imbalances and remuneration criteria.

One example is the technology sector, for many years a predominantly male environment, where large companies and startups have created vacancies exclusively for women, seeking to reduce inequality and encourage the presence of women in this field. In this case, the practice is supported by law.

However, if the exclusive hiring of women is used to promote gender stigmas, such as imposing beauty standards for certain vacancies, it can be considered discriminatory.

It’s not just the participation rate of women in the job market that companies should be concerned about. Another very relevant issue that deserves attention is pay equity. There is still a long way to go in this area. The 2022 edition of the study “Gender Statistics: Social Indicators of Women in Brazil”, prepared by the Brazilian Institute of Geography and Statistics (IBGE), shows that this evolution is still in its early stages. However, it is hoped that the 2025 edition will already reflect the positive impacts of the legal measures implemented from 2023 onwards.

The implementation of diversity programs, affirmative action and strategic partnerships are fundamental steps towards achieving greater equality for women in the job market. In addition to meeting legal requirements, these initiatives bring benefits to both society and the success of companies.

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