You probably have never seen the above language in a job posting. Most readers would think such language would be discriminatory. Only an unsophisticated HR Director or business owner would dare post such an ad.
However, many businesses, including large companies, currently use language that is discriminatory or has a discriminatory effect in their job placements ads whether they be in print media or on-line, as well as in their job descriptions. Language that has a discriminatory effect can include “recent college graduate preferred’; “young applicant sought”; “college students only”.
Older job seekers make up 20% of the American workforce today. Job postings or job descriptions that contain language that actively seeks younger applicants to the exclusion of older applicants will send a clear message to the “experienced” generation: that is, if you are older there is no need for you to apply.
Since an employer can be held liable for discriminatory conduct in the hiring process, Lardiere McNair would encourage our clients to carefully review the contents of their job posting and their job descriptions. For guidance, the EEOC has published a list of terms to be avoided. This is not an exhaustive list, but it is a start.
If you are an employer or an employee and would like to know your rights; duties, and responsibilities, we are here to help you. Please call our office for a free consultation.
Annemarie Gil is an Associate at Lardiere McNair, LLC. To read more about our firm, please visit www.lmcounsel.com.
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