Is It Legal to Specifically Request a Male or Female, or Younger or Older Temp?

While it's doubtful the temporary employment agency you're working with is going to read you the riot act for making discriminatory hiring remarks, or report your company to the Department of Labor if you request only 25-year-old male temps, such requests are illegal and could lead to the end of a

While many employers may feel a natural affinity toward male or female employees, or younger or older employees, it is no more acceptable legally to favor one gender in the hiring process (even for a temporary employee) than it is to favor applicants of one race over applicants of another race.

Whether or not your temp agency blows the whistle on you for discriminatory remarks, you should keep in mind that discrimination is a serious topic. Even small businesses are subject to federal discrimination laws. Make it clear to anyone in your office who is requesting temps that discriminating against those with disabilities and against anyone based on race, color, religion, national origin, or sex is illegal. In addition, some states and local governments also prohibit discrimination based on sexual orientation.

A preferable option is to consider, for example, what it is about a younger employee that would lead you to request one. If you need a temp who would be comfortable on his or her feet for an 8-hour shift, then explain your needs in detail to the agency. If it turns out that most of the temporary employees they can provide who meet that criteria are younger, the agency and you in turn have not discriminated against a protected class but instead used a legitimate job-related criteria to select a group of potential employees.

If you are looking for a temp with solid experience, don't make the mistake of thinking that older is necessarily better. Some 22-year-olds know much more about the Internet than many 40-year-olds. On the flip side, don't discount older workers. Some have the energy of an 18-year-old. Instead of focusing on age, focus on skills.

Besides not wanting to be discriminatory, you also don't want to be too specific about the color, age, or sex of your temp for another reason: If you narrow your criteria too far, you might not be able to find someone to fill your vacancy.