ComplyRightComplyRightComplyRightComplyRight
  • RESOURCES
    • Knowledge Center
      • Tip Sheets
      • E-Guides
      • Videos
    • Webinars
      • Upcoming
      • On Demand
    •  
    • HR 101 Courses

      HR 101 Courses
      Learn More
  • TOPICS
    • I want to learn about:
      • Hiring an Employee
      • Creating Policies
      • Paying Employees
      • Discrimination & Harassment
    • Column 2
      • Employment Law
      • Labor Law Postings
      • Employee Leave
      • Employee Recordkeeping
    • Category 3
      • Independent Contractors
      • Tax Reporting
      • Improving Employee Performance
      • Firing an Employee
    • Would Your Workplace Practices Hold Up in an EEOC Investigation?

      EEOC Investigation
      Read More
  • SOLUTIONS
    • Employee Management
      • Hiring
      • Time and Attendance
      • Training and Safety
      • Recordkeeping
      • Employee Policies
    • Labor Law Posters
      • Poster Guard® Service
      • ComplyRight Posters
      • Electronic Posters
      • Employee Handouts
      • Partner Solutions
    • Tax Information Reporting
      • DIY Filing Solutions
      • Processing Services
      • Partner Solutions
    • Featured Solution

      Poster Guard Compliance Protection
      Learn More
  • ABOUT
    • Who is ComplyRight
      • Mission
      • Core Values
      • Leaders
      • Newsroom
      • Contact
    • Careers
      • Culture
      • Benefits and Perks
    • Brands
      • HRdirect
      • HRdirect Smart Apps
      • Poster Guard
      • eFile4Biz
    • Join Our Team

      Join Our Team
      Learn More
  • SUBSCRIBE

How to Attract the Right Candidates – and Avoid Discrimination – with Job Advertisements

Published on January 11, 2016
  • Hiring
  • Discrimination
  • Job Applications

Is your company hiring in 2016? Whether you’re expanding your workforce to meet growing demand – or filling a few positions to maintain current staffing levels – keeping an eye on diversity is essential. It’s not just about selecting the most qualified person for the job; you must also uphold the federal and state laws that protect against discrimination.

Title VII under the Civil Rights Act of 1964 states that employers with 15 or more employees can’t discriminate or harass in the workplace on the basis of certain legally protected characteristics, such as race, religion and sex. Over the years, the Act has been amended and new laws have been drafted to prohibit employers from demonstrating any type of preference or bias based on protected classes.

It’s not just about selecting the most qualified person for the job; you must also uphold the federal and state laws that protect against discrimination.

Your hiring process starts with job advertisements. And if your job advertisement isn’t worded properly, you may imply bias without even realizing it.

Here are some things to consider with each protected class:

Gender

Unless the position you are filling requires a certain gender, such as a restroom attendant, you should never state any gender preferences for the position. Make sure to use gender-neutral job titles. For example, you shouldn’t specify you’re looking for a new “salesman, but, rather, a “sales representative.” “Waitress” would imply a preference for a female candidate whereas “wait staff” shows no gender preference. With respect to female candidates, remember that pregnancy is protected under the Pregnancy Discrimination Act of 1978, so never address an applicant’s childbearing plans or current family status.

Race

Race should practically never be mentioned in job postings. The only exception is if you’re required to comply with affirmative action requirements, in which case you should state that you participate in an affirmative action program and, if applicable, applicants may be asked to fill out a voluntary identification form.

Religion

Religion also shouldn’t be referenced in job postings unless your business qualifies as a religious organization under Title VII. If you’re a conservative company, be extra cautious with the language you use to convey this. “Christian values” is obviously off-limits, but terms like “traditional,” “wholesome,” or “family values” can be tricky, too. Remember, if it isn’t directly related to the job, it shouldn’t be included. Be mindful, too, that different religions have rules that may require accommodations to your dress code or grooming standards. Stating in a job posting that the job requires someone “clean shaven,” for example, could be seen as religious discrimination since some religions require men to maintain some kind of facial hair. (It also implies that you’re looking for a man, which goes back to using gender-neutral descriptions.)

National Origin

You cannot require applicants to be U.S. citizens unless it’s necessary for the job. Instead, indicate that successful applicants will be required to complete an I-9 to verify their eligibility to work in the U.S. If the job absolutely requires English language skills, try to phrase it along the lines of having an excellent command of the English language. Conversely, if the job requires speaking a different language, make sure the emphasis is on the skills. “Must speak Spanish” is okay, but “must be Hispanic” is not.

Age

In 1974, Congress enacted the Age Discrimination in Employment Act, affecting businesses with 20 or more employees. The ADEA protects applicants 40 and older from any discrimination, so avoid any age-related terms in your job listings. You can look for applicants with a “fresh outlook” or who are “energetic,” but you can’t specify “young people.” Advertise your “entry level” jobs, but don’t use the words “recent graduate.” The words “junior” and “senior” should only be used if they’re part of the job title.

Disability

The Americans with Disabilities Act of 1990 protects disabled people from any discrimination from businesses with 15 or more employees. It’s important to include precise job descriptions that outline only duties that are absolutely necessary for the particular job. Never use the terms “able-bodied,” “strong” or “healthy.” State the exact tasks required, such as needing to move up to 50 pounds or being capable of traveling to multiple locations for inspections. Make sure to include all of the job’s essential functions.

Veterans

Under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), you can’t discriminate against veterans. If you’re part of an affirmative action program, you may indicate that you offer a voluntary identification form as part of the program.

Beyond these federal laws, it’s important to check your own state’s laws as some states protect against discrimination based on sexual orientation, criminal history, political affiliations and other factors. State laws may also be stricter and affect businesses with fewer employees than federal laws.

When in doubt, always ask yourself: Is this specification absolutely necessary for the job? If the answer is no, it doesn’t belong in the job posting.

SA Job Applications | Hiring

HRdirect Smart Apps - Job Application

HR 101 Course 2

HR 101 Courses

Understand the legal issues surrounding the hiring process with HR 101 Courses

Learn More

Related Content

  • Trending Hiring Lawsplay-button
    New Rules and Regulations: How to Comply with Trending Hiring Laws
    March 2021

    Hiring can be difficult enough just trying to find the perfect candidate. Add in the numerous employment laws that come … Read more

    Hiring

  • discriminatory job postings
    New Supreme Court Rulings Call for a Careful Review of Potentially Discriminatory Job Postings
    June 30, 2020

    Creating a job listing is one of the first steps in any hiring process. Done well, this posting will highlight … Read more

    Hiring

    Discrimination

  • How to Avoid Accidential Discriminationplay-button
    How to Avoid Accidental Discrimination When Hiring
    February 2020

    With businesses scrambling to hire qualified workers, it’s more important than ever to ensure you’re supporting fair and diverse employment, … Read more

    Hiring

    Discrimination

  • From Hiring to Team-Building: How to Maximize a Diverse, Multigenerational Workforce
    From Hiring to Team-Building: How to Maximize a Diverse, Multigenerational Workforce
    August 5, 2019

    A unique dynamic is emerging across workplaces across the U.S. For the first time ever, many businesses now include a … Read more

    Hiring

    Discrimination

  • play-button
    The State of Employment Law: How to Comply with Trending Hiring Laws
    April 2019

    The second in our two-part series, this presentation offers valuable insights on the state of employment law today. This time, … Read more

    Hiring

    Ban the Box

    Interviews

  • Don’t Leave Them Hanging: How to Close the Loop with Job Candidates You’re Not Hiring
    Don’t Leave Them Hanging: How to Close the Loop with Job Candidates You’re Not Hiring
    February 21, 2019

    After screening multiple resumes and interviewing a handful of candidates, you’ve narrowed down your next new hire. Reaching out to … Read more

    Hiring

    Interviews

    Job Applications

  • Are You Taking the Right Steps to Accommodate Job Candidates with Disabilities?
    Are You Taking the Right Steps to Accommodate Job Candidates with Disabilities?
    October 18, 2018

    October is National Disability Employment Awareness Month – a time to celebrate the skills, talents and contributions of workers with disabilities, as … Read more

    Hiring

    Job Applications

  • Five Essential Steps to Legally Compliant Hiring
    October 4, 2018

    You probably already know you can’t rule out an older worker for his age — or ask a female applicant … Read more

    Hiring

    Interviews

    Job Applications

Upcoming Webinar

Webinar Name

Date & Time

Presented by:

Learn More
Shop Our Brands 
HRdirect
HRdirect Smart Apps
Poster Guard
Formstax eFile4Biz

At ComplyRight, our mission is to free employers from the burden of tracking and complying with the complex web of federal, state and local employment laws, so they can stay focused on managing and growing their businesses.

©2020 ComplyRight, Inc.

Resources

  • Knowledge Center
  • Webinars
  • Research and Trends
  • Courses

Solutions

  • Employee Management
  • Labor Law Posters
  • Tax Information Reporting

About

  • Who is ComplyRight
  • Careers
  • Newsroom
  • Brands

Legal

  • Privacy Policy
  • Terms of Use

Popular Topics

Performance Policies Employee Leave Discrimination and Harassment Employment Law HiringLabor Law PostingsIndependent Contractors

Subscribe to Our Newsletter

Subscribe

Follow Us

  • RESOURCES
    • Knowledge Center
      • Tip Sheets
      • E-Guides
      • Podcasts
      • Infographics
      • Videos
    • Webinars
      • Upcoming
      • On Demand Webinars
    • Research and Trends
      • Compliance Survey
      • Trend Surveys
      • Minimum Wage Monitor
    • HR 101 Courses
  • TOPICS
    • Hiring an Employee
    • Creating Policies
    • Paying Employees
    • Discrimination & Harassment
    • Employment Law
    • Labor Law Postings
    • Employee Leave
    • Employee Recordkeeping
    • Independent Contractors
    • Tax Reporting
    • Improving Employee Performance
    • Firing an Employee
  • SOLUTIONS
    • Employee Management
      • Hiring
      • Time and Attendance
      • Training and Safety
      • Recordkeeping
      • Employee Policies
    • Labor Law Posters
      • ComplyRight Posters
      • Poster Guard®
      • Partner Solutions
    • Tax Information Reporting
      • DIY Filling Solutions
      • Processing Services
      • Partner Solutions
  • ABOUT
    • Who is ComplyRight
    • Newsroom
    • Careers
    • Brands
    • Contact Us
  • SUBSCRIBE
ComplyRight