Avoiding Discrimination in Job Ads

What you can and can't say in a job advertisement is dictated by discrimination laws. Federal antidiscrimination laws apply to employers with 15 or more employees. Some state laws apply to even smaller employers. In general, antidiscrimination laws define a "protected group," such as people over 40 for purposes of age discrimination. An ad that discriminates against a protected group violates the law.

While gender-specific language isn't prohibited, avoid it if you can. Use a gender-neutral term if you can, such as "salesperson." Employers can't use the phrase "Equal Opportunity Employer" in a job ad if they use gender-specific terms when describing the job.

The Age Discrimination in Employment Act prohibits employers with at least 20 employees from discriminating against people 40 or over. Under the ADEA, you can't hire one person instead of another merely because of their respective ages. The Equal Employment Opportunity Commission assesses ads on a case-by-case basis when an ad is challenged as discriminatory.

There is one exception to most federal and state discrimination laws. Where consideration of religion, gender, or national origin is reasonably necessary to the normal operations of a business or enterprise, including these factors in a job ad would not be discriminatory. For example, if a synagogue is recruiting a new Rabbi, specifying the religion of applicants would be appropriate.