HUMAN RESOURCE MANAGEMENT MGT 5005 DISCRIMINATION IN ADVERTISING
1.
“Wanted: attractive, young female for stewardess position.” This would violate the Title VII of the 1964 Civil Rights Act because it is only hiring women so that would discriminate against men. Also, because they are looking for someone that is young, this breaks the Age Discrimination in Employment Act of 1967 because it could be discrimination against people over the age of 40. The only way this would not be illegal is if the employer can provide bona fide occupational qualifications based on both age and gender.
2.
“Supplement your retirement income.” Not sure this would be violating any laws. It is not discriminating against people over 40 (and therefore violating the Age Discrimination in Employment Act of 1967). This advertisement is actually encouraging older people to apply versus discriminating against them. The ADEA makes it unlawful to discriminate against people who are over the age of 40.
3.
“Strong workers or must pass physical.” This could be breaking EEO guidelines and the Title VII of the 1964 Civil Rights Act unless the employer can prove that being strong or passing a physical is a job requirement. It could also be violating the Americans with Disabilities Act because someone with a disability might be considered strong or pass a typical health physical because of their disability. The better way to word this would be something like, “must be able to lift boxes weighing up to 40 pounds.”
4. “No wheelchair access.” This violates the Americans with Disabilities Act because it discriminates against people who are in a wheelchair. In this law employers must make “reasonable accommodations” to change the work space to accommodate people with disabilities. By not having wheelchair access, this company would be violating the ADA law. This could also be violating the Vocational Rehabilitation Act of 1973 that requires employers to take steps to accommodate people with disabilities, unless it creates “undue hardship.”
5. “Absolutely no pets.” This would be violating the Americans with Disabilities Act because “absolutely no
pets” could be wrongfully excluding pets which could also be service animals for people with disabilities or seeing-eye dogs for the visually impaired. The employer should instead be clear that the office only allows service animals. Allowing service animals would be a reasonable accommodation for people with disabilities.
6. “Clean shaven.” This could be breaking the Title VII of the 1964 Civil Rights Act. If the applicant is of the Sikh religion, which men typically wear beards for religious reasons, then being clean shaven would be discriminating against that person’s religion. However, courts have often ruled in favor of employers when it comes to hair and facial hair because being clean shaven does not mean the company discriminating against the male sex, only being bearded or not bearded, which is not considered sex-bias under Title VII.
7. “Must pass physical.” This could be violating the Title VII of the 1964 Civil Rights Act and the Americans with Disabilities Act unless the employer can prove that passing a physical or the results of the physical are a job requirement or are job related. People with disabilities might not be able to pass a standard physical because of their disabilities.
8. “Recent college graduate.” This could be breaking the Title VII of the 1964 Civil Rights Act. Many courts have found educational requirements to be illegal because it discriminates against minorities that do not have the educational qualifications and the educational qualifications are not needed in the job itself. If the employer can prove that a college level education is needed for the job then it is not illegal to advertise educational requirements.
9. “Weight proportional to height.” This could be breaking EEO guidelines and the Title VII of the 1964 Civil Rights Act unless the employer can prove that weight and height are job requirements and are job related.
10. “Gentlemen’s tap room.” This does not directly violate any laws or guidelines. Businesses like gentlemen’s tap rooms and other adult entertainment are legal if properly ad lawfully established. If the tap room company only hires men or women, then that would be a violation of the Title VII of the 1964 Civil Rights Act because it is discriminating based on gender. This is unless the employer can prove a bona fide occupational qualification based on gender.