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Could an employer accidentally discriminate in a job posting? 

On Behalf of | Oct 11, 2023 | age discrimination

Long gone are the days when you would see very overt job postings discriminating against certain groups. These postings may have told women or members of minority ethnic groups that they “need not apply” for the position. Employers used to discriminate this way before the implementation of modern labor laws, which prevents this. Discrimination is not allowed on the basis of gender, age, ethnicity, national origin and much more.

That being said, employers need to be aware that they could accidentally do things that may make it appear as if they are still discriminating. This sometimes happens in the hiring process, when they put up job postings. To avoid complications, employers need to know how this happens and how they can avoid it.

Recent college graduates

A common example of how this happens is when an employer posts a job listing saying that they are looking to hire recent college graduates. In the employer’s mind, they’re simply trying to add a valuable piece to their workforce. Maybe they think that someone who just graduated from college will have a better understanding of technology or current cultural shifts. The employer isn’t trying to discriminate, but just describing the type of person they need on their team.

But the issue here is that “recent college graduates” does imply a generalized age range. There are college graduates in all age brackets every year, but the majority of them are in their 20s. A job posting that is written this way could be construed to be a form of age discrimination. The majority of workers who are over 40 may not feel like they should even apply or that they have any chance of getting the job.

This can sometimes lead to disputes and even legal cases. All involved must understand exactly what steps to take moving forward.

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