CareerPlug does not offer legal advice and you should always consult with your legal counsel to ensure your hiring practices are in compliance with federal, state, and local laws.

There is no specific law that obligates private employers to post jobs with particular verbiage. However, employers have a responsibility to conduct an open and fair hiring process.

Using equal opportunity employment guidelines can make it easier to defend against potential discrimination claims.
  • Avoid gender-specific job titles. It is generally recommended that employers try to use gender-neutral job titles and position descriptions whenever possible, unless there is a bona fide occupational qualification (BFOQ) that the position be filled by a man or a woman. Thus, "busboy" could be replaced with something like "busser," "porter," "table cleaner," "waitstaff assistant," "kitchen associate," or the like.
  • Avoid anything the EEOC (Equal Employment Opportunity Commission) will see as having a direct impact on minorities such as including “must live within city limits," "must be currently employed," "no criminal record," or "recent graduate” in your job posting — unless the company is prepared to prove that such criteria are justified by a business necessity.
  • Include an equal opportunity/affirmative action statement in your posting, for example, include "XYZ Company is an equal opportunity employer.”
  • Job posting system should result in a wide range of applicants. Employers should advertise job vacancies in a wide range of places that are likely to be seen or heard by minority applicants. CareerPlug pushes your job postings out to a variety of sources, but you should also consider posting to custom sources unique to your community. (More info: How do I post my job to outside sources (such as Craigslist, Facebook or local colleges)?)
  • List job openings with your state’s public employment service. The EEOC considers this to be evidence of an open and fair hiring process.
  • Do treat equally U.S. citizens, lawful permanent residents, temporary residents, asylees, and refugees in recruitment or hiring. Avoid making the assumption that only U.S. citizens are authorized to work in the United States. Your job posting should not use language like “only U.S. citizens” or “citizenship requirement."


Resources:
Equal Employment Opportunity