Advertising laws & HR compliance analysis

Advertising: What you need to know

A key task for employers is locating job applicants possessing needed skills. Although this is occasionally done through word of mouth or employee recommendations, it is often most successfully done through job advertising. Government contractors must advertise their job openings.
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In advertising for candidates, it is essential to describe the requirements of the job clearly. If advertisements are not precise, employers can waste time sifting through underqualified and overqualified applicants.
Federal antidiscrimination laws--Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Rehabilitation Act, and the Americans with Disabilities Act--prohibit employment advertisements that express a preference based on race, color, gender, national origin, religion, age, genetic information, or disability. This applies to all sources of advertisement, including the Internet.
Bona fide occupational qualification (BFOQ) exception. An advertisement may express a preference for one of these characteristics if it is a BFOQ reasonably necessary for the operation of the business. This is a very narrow and restricted exception. For example, a manufacturer of men's clothing can lawfully advertise for male models. In general, race or color cannot be a BFOQ.
The Immigration and Nationality Act prohibits employers from discriminating based on citizenship or immigration status, including in advertisements, unless required by law, regulation, or government contract.
Discrimination against the long-term unemployed. Several states have passed legislation banning employers from indicating in advertisements that they will only consider currently employed or recently unemployed ...

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