What can't you say in a job advert?

When it comes to writing advertisements for open positions, companies run the greatest risk of violating discriminatory laws. What can you say and what can't you say?

When producing your advertisements, you need to give great consideration to the language that you use as well as the criteria that you use.

Take, for example, the predicament that a recruiting firm found itself in after publishing a job advertisement in which it specified that the company was seeking a Personal Assistant with "a classic style, brown long hair with b-c cup size."

The Legal System

According to the Equality Act of 2010, it is illegal to state or even indicate that you would discriminate against someone on the basis of any "protected feature." This law was passed in the United Kingdom. This covers factors such as age, ethnicity, gender, handicap, pregnancy and motherhood, as well as beliefs or religious affiliation.

The overarching idea is that people from all walks of life should have access to open employment positions. However, employers have the right to demand that applicants possess a certain "protected trait" if they believe that this requirement is really essential for the position in question. However, it is crucial that the employer can defend the rationale for the condition. They must be able to show that there is a legitimate need for this criterion, and that it is reasonable to the severity of the problem.

Characteristics That Are Kept Private

For instance, a Catholic organization could have the legal right to advertise that it prefers its board members to be Catholic. They may be able to defend this condition by pointing to the religious principles that are upheld by the organization as well as the nature of the job that the candidates would be responsible for doing.

In a similar vein, if a firm can demonstrate that there is a genuine need for employees of a certain gender, then they may be allowed to advertise for applications of that gender. For instance, at a shelter for women, female employees can be necessary to ensure that victims are able to feel secure.

The owner of a bar may choose to publicize the requirement that all bartenders be at least 18 years old. They are within their rights to refuse service to anybody younger than this age since it is against the law for them to offer alcoholic beverages.

Phrases & Words That Are Not Allowed

There is not, however, a single, comprehensive list of terms and phrases that are not permitted to be used; nonetheless, there are several fundamental rules that you should be aware of:

You are only permitted to use terms such as "recent graduate," "young and fresh," or "mature" in the advertisement if the corresponding qualifications are in fact required for the open position. Because they exclude certain persons on the basis of their age, words like these may be in violation of laws against discrimination.

Take cautious when using any phrases that are gender-specific. When you use the term "waitress," it gives the impression that you are primarily interested in recruiting female candidates. When you say "handy guy," it gives the impression that you are exclusively looking to hire male employees.

You are not allowed to state or suggest that the position is not open to individuals with disabilities or that reasonable modifications will not be made unless there is a very clear and proportional reason that is relevant to the work.

If the position calls for someone who is fluent in another language, it is imperative that this requirement be listed as an important talent. You should write "Portuguese-speaking customer service representative" rather than "Portuguese customer service representative" since the former might potentially give rise to charges of racial discrimination.

Take Corrective Measures

Because individuals who possess certain traits are under-represented or at a disadvantage in the workplace or at particular job levels, the organization could, in some circumstances, take affirmative action to promote applications from individuals with such characteristics. An company may, for instance, provide handicapped candidates who fit the qualifications of a particular post with the opportunity to participate in a guaranteed interview program.

Tips From Others

You shouldn't restrict where you place the advertisement; for example, publishing it just in journals aimed towards males might be considered discriminatory.

You are required to advertise in accordance with the legal requirements. You are not allowed to, for example, state that you will pay someone less than the standard minimum wage in the country.

It is highly recommended that you include a statement in your application that demonstrates your company's dedication to providing equal employment opportunities.

It is advised that you maintain a record of the talents you demand from applicants in order to fulfill the job function, as well as the reasons why you require these skills from candidates. In the event that legal action is taken against you, this will be helpful.