Data from the National Household Sample Survey (PNAD) indicates that, in 2023, the number of women employed in the labor market reached a historic high, totaling 43,380,636, exceeding the 42,675,531 recorded in the previous year. This is not surprising, given that diversity and inclusion in the workplace have become highly relevant topics in the country in recent years, particularly regarding equal pay between men and women, and access to senior management positions.
In response, several companies have adopted policies to promote gender equality and increase women's participation in various sectors, including the exclusive hiring of women. However, this practice raises questions about its legality.
According to Brazilian law, the exclusive hiring of women is permitted provided that it aims to reduce gender inequality in the labor market and encourage greater female participation. This action, when reasonably justified and intended to promote genuine equality, is not considered discriminatory. On the contrary. Law No. 14.611/2023 reinforces this position by guaranteeing gender equality, as established by Article 5 of the Federal Constitution, and by establishing instruments of transparency and internal investigation to identify and correct salary imbalances and compensation criteria.
We can cite the technology sector as an example, for many years a predominantly male environment, where large companies and startups They have created positions specifically for women, seeking to reduce inequality and encourage women's participation in this field. In this case, the practice is legally supported.
However, if the exclusive hiring of women is used to promote gender stereotypes, such as imposing beauty standards for certain positions, it could be considered discriminatory.
Companies shouldn't just worry about women's participation rate in the workforce. Another very important and deserving topic is equal pay. There's 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 expected that the 2025 edition will already reflect the positive impacts of the legal measures implemented starting in 2023.
Implementing diversity programs, affirmative action initiatives, and strategic partnerships are fundamental steps toward achieving greater gender equity in the workplace. Beyond meeting legal requirements, these initiatives bring benefits to both society and the success of businesses.
