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Discriminatory job postings can be violations of employee rights


Company owners in Florida and their HR managers must ensure that compliance with employment law is practiced in all aspects. Violations of employee rights can lead to lawsuits that can be costly. One of the areas that may need special attention is the advertising of vacancies. Workers who feel a job posting is discriminatory retain the right to pursue legal action.

Specifying only the required skills may avoid signs of discrimination in advertisements. A job posting that seeks energetic workers may be seen as a vacancy for young applicants even though age is not mentioned. It may raise a red flag of employment discrimination. When an employment applicant is treated differently than others who are in similar situations, and the different treatment is based on age, national origin, race, color, gender, religion, disability or familial status, it may constitute a violation of the disparate impact rule of the Equal Employment Opportunity Commission.

Workers may not be asked to put their dates of birth on job applications -- except under rare circumstances -- nor may the applicant be asked about religious affiliation and family or marital status. When setting forth specific requirements and functions for a particular position, applicants must be given detailed information about all functions. Listing physical functions required for a particular position may help applicants with disabilities identify jobs they will be able to do. By listing all tasks related to a particular job, employers and applicants can discuss any accommodations that will be required.

Also, job descriptions upon appointment must stay in line with what was advertised or discussed during an interview. For example, if an advertised position for a manager states that it will be a supervisory position, hands-on functions may not be added after the person is appointed. Job applicants in Florida who do not qualify for the posts for which they have the required skills may seek the help of an experienced employment law attorney. A skilled lawyer can determine whether there was any discrimination at play that caused violations of employee rights and suggest the most appropriate course of action.

Source:, "10 Tips for Employment Law Compliance for Manufacturers", Helene Horn Figman, Oct. 18, 2016

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