StartArticlesWomen in the labor market: the legality of a hiring policy

Women in the labor market: the legality of an exclusive hiring policy for women

Data from the National Household Sample Survey (Pnad) indicate that, in 2023, the number of women employed in the labor market reached a historic high, totaling 43.380.636, surpassing 42.675.531 registered in the previous year. It is no coincidence that diversity and inclusion in the workplace have become a highly relevant topic in the country in recent years, especially regarding pay equity between men and women and access to senior management positions. 

As a response, several companies have adopted policies to promote gender equality and increase women's participation in various sectors, among them the exclusive hiring of women. However, this practice raises questions about its legality

According to Brazilian legislation, the exclusive hiring of women is allowed 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 reforça essa posição ao garantir a igualdade entre os gêneros, established by Article 5 of the Federal Constitution, and by anticipating transparency and internal verification instruments to identify and correct salary imbalances and remuneration criteria

We can cite the technology sector as an example, for many years a predominantly male environment, in which large companies andstartupshave created positions exclusively for women, seeking to reduce inequality and encourage female presence in this field. In this case, the practice is supported by law. 

Meanwhile, if the exclusive hiring of women is used to promote gender stigmas, how the imposition of beauty standards for certain positions, can be considered discriminatory. 

Companies should not only be concerned with the index of women's participation in the labor market. Another very relevant topic that deserves attention is salary equity. There is still a long way to go on this topic. The 2022 edition of the study "Gender Statistics: Social Indicators of Women in Brazil", developed by the Brazilian Institute of Geography and Statistics (IBGE), it shows that this evolution is still in the early stages. However, it is expected that the 2025 edition will already reflect the positive impacts of the legal measures implemented from 2023

The implementation of diversity programs, affirmative actions and strategic partnerships are fundamental steps to achieve greater female equity in the labor market. In addition to meeting legal requirements, these initiatives bring benefits both to society and to the success of companies

Byanca de Farias
Byanca de Farias
Byanca de Farias is a Labor Lawyer at Marcos Martins Advogados
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