Before a hiring decision is made, a position description should be written clearly defining exactly the type of individual who will meet the criteria of the job and the culture of the department and the company.
Federal law prohibits an employer from using a job advertisement that limits or prefers applicants based upon:
State laws also may contain similar or additional restrictions. For instance, some states, such as, New Jersey, have enacted a prohibition against employers excluding individuals who are currently unemployed from consideration for employment.
Under Title VII of the 1964 Civil Rights Act (Title VII) and the Age Discrimination in Employment Act (ADEA), an employer may indicate a preference based upon religion, sex, national origin, or age if it is a “bona fide occupational qualification” (BFOQ) for employment. This exception is limited.
Example - In certain situations, a prison may establish a BFOQ and only hire employees that are the same gender as the prison inmates.