The Equality and Human Rights Commission (EHRC) has issued new guidance reminding businesses and employers that it is unlawful to place or publish discriminatory advertisements under the Equality Act 2010.
This Act safeguards individuals from discrimination based on certain protected characteristics, which include age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, sex, and sexual orientation.
Applicable to employment and the provision of goods, facilities, and services, the Act covers a wide range of entities, including employment agencies, people advertising for contract workers, educational institutions, and trade unions.
The guidance outlines that a discriminatory advertisement restricts jobs, goods, facilities, or services to individuals with specific protected characteristics, such as limiting a job to men or people of a particular age. Such ads are unlawful unless there are specific, justifiable exceptions provided by the Act.
Examples highlighted include job listings with titles like waitress, salesgirl, or postman, or ads requiring proficiency in certain languages, unless language skills are essential for the role.
Available on the EHRC website, the guidance makes it clear that promoting diversity or addressing under-representation by encouraging applications from groups with specific protected characteristics is lawful.
Furthermore, it is legal to offer more favourable treatment to disabled candidates during recruitment processes, such as guaranteeing interviews for those who meet basic qualifications. An advertisement mentioning such policies would not violate the law.
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