Can You Advertise a Job as Restricted to a Single Gender of Applicant

My question involves labor and employment law for the state of: Texas

So while I was eating out with my family today I noticed a place across the street that says "NOW HIRING $8.00/hr FEMALE cashiers"

We talked about the subject of gender discrimination. Mainly discussing if it was legal for them to so specifically say FEMALE. The sign literally said FEMALE in all caps, stressing the gender wanted for the position.

I called them

"I'm calling to ask about the now hiring sign. Are you only hiring females for the job?"
"Hold on a minute"
*About a 40 second wait, I can hear her talking to someone else for a good amount of time*
"Uh, no we are hiring both, but females are usually better in the front."
"So you're still hiring males to do work in the back and stuff like that?"
After several excuses, the answer was pretty much yes.

Is this illegal for them to do?

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Definition

Sex discrimination is when you are treated differently than other employees because you are a male or female (including pregnancy) and includes stereotypes and assumptions based on sex. Examples of unlawful actions are denial of hiring, termination, promotion or any other term, condition or privilege of employment.

She specifically said "Females tend to work better in the front."

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Does this mean that it's legal for them to use the sign, but not bring up the subject of the sign when it comes to me NOT getting the job due to my gender?

They are walking on EXTREMELY thin ice unless they can come up with a VERY good reason (much better than the one they gave you) why the job can ONLY be filled by a woman.

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Quoting cbg

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They are walking on EXTREMELY thin ice unless they can come up with a VERY good reason (much better than the one they gave you) why the job can ONLY be filled by a woman.

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I was looking over a section of the Civil Rights Act of 1964, which states the following. I feel like number two would prohibit even the use of said sign:

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It shall be an unlawful employment practice for a labor organization-

(1) to exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin;

(2) to limit, segregate, or classify its membership or applicants for membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individual’s race, color, religion, sex, or national origin; or

(3) to cause or attempt to cause an employer to discriminate against an individual in violation of this section.

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You won't get any argument out of me.

But I will ask - what is your goal here?

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Quoting cbg

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You won't get any argument out of me.

But I will ask - what is your goal here?

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No goal other than a sudden peaked interest in the workings of employment and law. I guess other than that, I'd like that $8 an hour job which could help a lot with bills, but I'm almost certain I'd be turned down due to the gender role requested.

If you applied for the job and were turned down due to being male, you would conceivably have a claim to put before the EEOC (assuming that the employer has 15 or more employees overall). It would not be a short process; it would probably take a couple of years over all, and there is no guarantee that you will receive any financial compensation (or a job). But that is definitely an option.

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Quoting cbg

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If you applied for the job and were turned down due to being male, you would conceivably have a claim to put before the EEOC (assuming that the employer has 15 or more employees overall). It would not be a short process; it would probably take a couple of years over all, and there is no guarantee that you will receive any financial compensation (or a job). But that is definitely an option.

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It also peak my interests, if they are breaking employment guidelines, or even on thin ice of infringing upon a civil right, what else could they be doing? I can't imagine their management is too well if they are willing to blatantly advertise for employment that way.

I appreciate your input. Thanks.

One exception is: Entertainment Industry. This does include some restaurants, such as Hooter's for an example, where all your waitstaff are female (notice, they do hire men, but for cooking and back of house positions). Yes, these jobs can also require certain body types and ask for photos in their ads. Many of these jobs also have age restrictions (28, you're over-the-hill).

Certain other jobs can require a male or female only, the local pre-employment urine sample lab does this - men for men, women for women....

But since we're talking about cashiers here, the BFOQ exception does not apply.

Only place Cashier would be exempted, to my knowledge, would be in a strip club's sex-toy/adult costume shop.