A West Australian kebab shop has asked for "girls only" in an employment ad with the owner saying it is because girls are "more gentle and friendly", sparking a gender discrimination discussion.
The Istanbul Kebabs and Turkish Bakery shop in Albany, 400 kilometres south-east of Perth, posted an advertisement on social media looking for staff, but its gender specification has raised questions around whether it is lawful.
The post read, "We are looking for [a] part-time or full-time worker who can take orders and look after the front".
It also stated, "This position is only suitable for girls".
The ABC is not suggesting the ad is discriminatory and no formal action has been taken against Istanbul Kebabs.
When questioned by the ABC, business owner James Carter said, "Girls or boys, doesn't matter", but said "girls are better" for the role because "girls are more gentle and talk more friendly".
The Equal Opportunity Commission said there were strict guidelines around when companies could ask for a particular gender, and warned that businesses found to be in breach could face compensation payout requests of up to $40,000.
Why owner wants to hire women
Mr Carter said he had been struggling to find staff for more than 18 months.
He said he needed workers for customer service and till work.
"If I have the chance, girls are better because my whole staff [are] men … If I have the chance I choose girls," Mr Carter said.
When asked why he would prefer women, Mr Carter said he wanted someone for the till.
"Ladies are better than the boys face-to-face with the customer," he said.
He also wanted to balance out the gender ratio.
"I have six boys, I want some girls.
"Girls are more gentle and talk more friendly.
"Sometimes boys and girls give their application and if resumes are both perfect, I go the choice of the girl," he said.
Mr Carter said all genders were paid the same and that a mix of genders was better.
The ad could not be found following Mr Carter's discussion with the ABC.
Complaints on the rise
The Equal Opportunity Commission has seen sex discrimination complaints in WA rise over the past two years.
There were 20 complaints in the area of employment during the 2019-2020 recording period.
The year after racked up 22 sex-specific complaints from a total of 564 around the state.
The commission's senior legal officer Allan Macdonald said advertising for one gender could potentially be unlawful.
However, Mr Macdonald said there were exceptions.
He said a genuine occupational qualification allowed for the specification of gender in a job ad.
"If you're in the retail business and you've got men or women trying on clothes, it might be in an artistic performance where it calls for men or women to carry out a role in theatre or body searchers and border control — they're sensible, genuine qualification exceptions," he said.
He also said services only intended for one gender were able to advertise for it specifically, as were companies hoping to create opportunities for a gender that faced barriers in employment.
Mr Macdonald said he could not think of anything that could justify a hospitality venue asking for a specific gender.
"If you go to a cafe or kebab shop, it shouldn't make any difference who is serving you," he said.
"If there was a complaint about someone who was thinking of applying, we would have to investigate and ask the employer to explain their version of events and whether they might be relying on one of those exemptions."
Mr Macdonald said complaints made to the Equal Opportunity Commission could end up in the State Administrative Tribunal.
If a complaint is upheld, a compensation payment of up to $40,000 could be ordered. The tribunal could also require the business to complete a task to right any wrongdoing.
