When you’re job hunting, you might come across job postings that seem questionable or biased. You may ask yourself: is this even legal? It’s important for job seekers—especially students and new graduates entering the workforce—to understand what employers are not allowed to include in job advertisements.
Federal and state laws, including those enforced by the U.S. Equal Employment Opportunity Commission (EEOC), protect candidates from discrimination in the hiring process. These laws apply to the language used in job postings and prohibit discriminatory statements based on:
- Gender
- Marital or parental status
- Race or ethnicity
- Religion
- National origin
- Age
- Sexual orientation (in many states)
- Non-job-related disabilities
- Unemployment status (in some cities like NYC)
What Employers Must Avoid in Job Listings
An employer cannot request only applicants with a traditional high school diploma, excluding those with a GED. Likewise, federal jobs and many others cannot reference sexual orientation. In some places, it’s illegal to exclude unemployed individuals or only welcome those currently employed.
Even indirect language that implies bias can be problematic. For example, seeking someone with a “youthful energy” may subtly imply age discrimination. Similarly, statements like “must have strong family values” may unintentionally exclude candidates who don’t fit a traditional family mold.
When Exceptions Apply
There are rare, lawful exceptions. For instance, religious organizations may legally require that candidates share specific religious beliefs or belong to certain demographics if it is essential to the role. A Catholic church hiring a priest, for example, can specify religious requirements. Physical requirements may also be valid if they are essential to the job and cannot be reasonably accommodated.
Examples of Questionable vs. Inclusive Language
Some employers mistakenly include mission statements that hint at a preference for a specific group, such as
“We’re seeking married couples to work in our homes.”
On the other hand, inclusive language looks like this:
“We encourage applicants from all backgrounds, including people of color, LGBTQ+ individuals, women, and persons with disabilities.”
This approach aligns with legal hiring practices and promotes diversity.
Conclusion
Job advertisements must follow legal guidelines that ensure equal opportunity for all applicants. If you’re a job seeker and come across a posting that seems discriminatory or exclusive, it’s okay to question it. Understanding what employers shouldn’t include in job ads helps you recognize red flags and apply where your qualifications—not your background—are the focus. Employers who follow the rules create fairer workplaces for everyone.