There are a number of avenues available for recruiting applicants for a job position, including internal job postings, employee referral programs, advertisements, the use of professional and temporary employment agencies and recruitment programs at educational institutions and community organizations.
Federal and state laws prohibit employers from discriminating against applicants on the basis of:
As such, advertisements designed to attract candidates should be carefully drafted to avoid any indication of discrimination. Advertisements that are not crafted carefully may give rise to claims of discrimination, even unintentionally, if they refer to race, sex, religion, national origin, age or disability.
For instance, an advertisement seeking “recent college graduates” or “young and energetic” people likely would be found to have a discriminatory effect against older persons. Similarly, language in an advertisement that specifies a physical ability required for the job (even something as seemingly innocent as a clear speaking voice or language proficiency) may be found to discriminate against disabled persons or cultural groups.
Therefore, when crafting an advertisement, an employer should clearly and...
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