Communication was by text message. And hiring on the basis of gender would invite a class-action lawsuit. More likely it's not an official policy, just something that some male employees have discovered improves their commission.

If being a woman is relevant for the position you're hiring for, then I don't think it would involve a lawsuit. Just like modeling, or some stores in the mall can legally hire only good looking young people without it being discrimination, like Abercrombie and Fitch.