How Legal Is Kendra Scott's Gender-Centric Hiring Policy?

When Kendra Scott, an iconic American jewelry brand, announced that they almost entirely hire women for their workforce, some questioned the legality of this practice. Yet, understanding the legal framework around hiring policies can clarify these concerns.

Understanding the Legal Perspective

There is no law that mandates a specific gender balance in employee hiring. The Equal Employment Opportunity Commission (EEOC) and Title VII of the Civil Rights Act of 1964 only prohibit discrimination based on race, color, religion, sex, or national origin. This means that employers are legally allowed to choose to hire candidates based on gender, as long as that decision is not the sole reason and is supported by non-discriminatory criteria.

Case Studies of Gender-Centric Hiring

Kendra Scott is not alone in this. There are many employers who either predominantly or exclusively hire individuals based on gender, and this does not violate federal law. For instance, Victoria’s Secret, a well-known lingerie and beauty brand, hires men as retail sales associates, albeit in much smaller numbers. These male employees are typically a minority, reflecting the broader gender dynamics of the retail sector.

Similarly, the dental industry heavily favors female dental hygienists, with over 95% of dental hygienists being women. While individual dentists may not intentionally hire female hygienists, the market and applicant pool skew overwhelmingly female, making it difficult to find male candidates. This is not necessarily indicative of gender bias but rather a reflection of the historical and cultural trends in the field.

The Reality of Gender Skew in Applications

The percentage of female applicants to jobs where men are typically hired can often be skewed. In cases like Kendra Scott, where the applicant pool may already be predominantly female, the final hiring decision, if based on merit, can result in a high percentage of female hires. This can lead to perceptions of legal violations, but in reality, as long as the decision is based on a non-gender criterion, the hiring process remains legal.

Future Changes in Demographics

Kendra Scott's expansion into men's fashion jewelry may introduce more male candidates into the applicant pool. As a result, we can expect a shift in demographics, potentially leading to a more balanced gender ratio in their workforce. However, this change should be gradual and based on genuine merit rather than mandated by external pressures.

It is important to note that diversity in the workplace is highly encouraged and beneficial for a variety of reasons. However, the law does not mandate a specific gender ratio. Instead, the focus should be on providing equal opportunities and ensuring that the best candidate is hired, regardless of gender.

In conclusion, while Kendra Scott’s almost entirely female workforce may raise eyebrows, it is fundamentally legal and can be a testament to a company's commitment to hiring based on merit and diversity, albeit in a gender-specific manner. As the industry evolves and more men apply for these roles, the balance may shift naturally over time.