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How can job postings be discriminatory?

On Behalf of | Nov 25, 2024 | Employment Discrimination |

When an employer is looking to hire someone, there are many things they need to consider. Yet thinking too much about what the ideal candidate looks like could cause problems.

The crucial thing when considering who to hire and writing job postings is to focus on the skills, experience and qualities needed for the job rather than the person. Here is an example of how focusing on the person could go wrong:

It’s easy to hire more of the same

You and a couple of friends started the company last year. You are all white males aged 25 to 30 as are the handful of people you’ve hired since.  You ask one of the team to write the job posting and conduct the interviews. You leave it to them and think nothing of it until a few weeks later you discover an applicant has reported your business for discriminatory hiring practices.

On investigation, you find the posting specified, “A digital native to join a young, energetic team.” It carried no ill intention, but it’s off-putting and discriminatory toward anyone in their mid-40s or older. They probably wouldn’t describe themselves as young anymore and, being born before 1980, they fall outside the criteria of a “digital native” no matter how tech-savvy they are.

You then discover that the posting asked applicants to send a video clip of themselves explaining why they want the job. The complainant, who applied despite being in their 40s, sent the video as asked. They’re unsure why they didn’t get an interview, as they have all the experience and skills the job requires. In fact, they have superb references for doing the same job at your biggest rival. The only conclusion they could draw is that it must either be because of their age, religion (they wear a headscarf) or because they are a woman – all three things being clear in the video. They can see from your website how narrow the makeup of your current team is.

You don’t have to set out to discriminate to be guilty of it. As an employer, you need to understand how best to meet anti-discrimination criteria in all you do.  You also need to ensure those working under you do, too. If you are unsure, it is far safer to seek legal guidance now, rather than risk having to seek it later because someone accuses you of discrimination.