How do Anti-Discrimination Laws impact Job Posts?
In many jurisdictions, there are laws that promote equal opportunity or employment equity. Although each jurisdiction has specific requirements and distinct terminology, the principles they embody—non-discrimination and equal opportunity in the workplace— are reasonably global. In this article, we describe how these requirements translate to job postings and how organizations that have operations in multiple countries can remain compliant using Datapeople’s Guidance, Policy Guide and Compliance Report.
What do the laws require for job posts?
There are three core requirements that impact job posts:
- Non-discrimination in job postings: The laws state that it's illegal to post a job listing that shows a preference or discourages someone from applying for a job based on a protected characteristic.
- Job posting locations: The laws state that where you choose to advertise may cause indirect discrimination.
- Inclusion of Equal Opportunity statements in job posts: These are statements of non-discrimination based on protected characteristics.
While these laws all share the common goal of promoting equality and preventing workplace discrimination, they differ significantly in their scope, enforcement, and specific provisions.
| Act | Application | Protected Characteristics / Designated Groups |
|
| United States | Equal Employment Opportunity | Employers with 15 or more employees. | Race Color Religion Sex (including gender identity, sexual orientation, and pregnancy) National origin Age Disability Genetic information |
| United Kingdom | Equality Act | All employers regardless of size. | Age Disability Gender reassignment Marriage and civil partnership Pregnancy and maternity Race Religion or belief Sex Sexual orientation |
| Canada | Human Rights Act and the Employment Equity Act | Governments (including the federal and First Nations) and private companies in regulated industries (including banks, trucking companies, broadcasters and telecommunications companies). | The Human Rights act describes non-discrimination on the basis of: Race National or ethnic origin Colour Religion Age Sex (including pregnancy or child-birth) Sexual orientation Gender identity or expression Marital status Family status Genetic characteristics Disability Conviction for an offense for which a pardon has been granted The Employment Equity Act describes positive action towards: Women Indigenous peoples Persons with disabilities |
| Australia | Fair Work Act 2009 | All employers regardless of size. | Age Disability Race including colour, national or ethnic origin or immigrant status Sex, pregnancy, marital or relationship status, family responsibilities or breastfeeding Sexual orientation, gender identity or intersex status |
| South Africa | Employment Equity Act | All employers regardless of size. | Race Gender Sex Pregnancy Marital status Family responsibility Ethnic or social origin Colour Sexual orientation Age Disability Religion HIV status Conscience Belief Political opinion Culture Language Birth |
| European Union | Employment Equality Directive (2000/78/EC) | Sets minimum standards for member states to adopt and enforce through national legislation. | Religion or belief Disability Age Sexual orientation |
Non-discrimination in job postings
Compliance can be achieved by using neutral and non-discriminatory language to describe job requirements and qualifications, focussing on essential skills and qualifications that are necessary for the role. There are two categories of ways in which this can be influenced:
- Using gender-neutral titles
- Describing a preference for/against a particular protected characteristic
The United Kingdom’s Equality Act describes the following examples:
- ‘Waitress wanted / Handyman wanted’: These are gendered job titles because they connote a preference for a particular gender. By doing so, they contravene the requirement for non-discrimination based on gender.
- When specifying job titles, make sure they are gender neutral.
- ‘Native English-speaker required’: This requirement is considered to be unfair to those from non-English speaking backgrounds. By doing so, it contravenes the requirement for non-discrimination on national origin. It is rare for 'native' English proficiency to be essential for a role; typically fluency is sufficient.
- When specifying language skills, make sure they are genuinely necessary for the position and can be justified.
Moreover, preferences for / against a particular characteristic can be implicit. The United States’ Equal Employment Opportunity Commission describes that:
a help-wanted ad that seeks… "recent college graduates" may discourage … people over 40 from applying and may violate the law.
💡How Datapeople Helps
Job-specific Guidance: Datapeople reviews job descriptions for language that could be discriminatory or biased. The guidance focuses on job titles, requirements and responsibilities and flags problematic phrases. By suggesting more inclusive alternatives, Datapeople guidance helps companies avoid language that could lead to claims of discrimination based on race, gender, age, or other protected characteristics.
Avoiding indirect discrimination through job post syndication
The United Kingdom’s Equality Act mandates that where employers choose to advertise jobs can cause indirect discrimination. For example, advertising jobs primarily in men’s magazines would open an employer to claims.
Canada’s Employment Equity Act goes one step further: it encourages employers to engage in outreach and recruitment initiatives aimed at increasing the workforce representation of designated groups (women, Indigenous peoples, persons with disabilities and members of visible minority groups). This may include targeted advertising, partnerships with community organizations, and participation in job fairs and networking events.
Inclusion of Equal Opportunity statements in job posts
In the United States, federal contractors and subcontractors are legally required to include Equal Opportunity statements. In other locations, while laws may not explicitly require equal opportunity statements in job listings, many jurisdictions mandate practices that promote equality and non-discrimination in employment. Companies often include statements affirming their commitment to equity in employment so they can comply with broader legal requirements. In these cases, it's important to tailor Equal Opportunity statements to reflect the specific legal requirements of the country in which the job is located by referencing the protected characteristics / designated groups associated with each geography.
Examples of country-specific Equal Opportunity statements include:
- Canada: "{{Company}} is committed to employment equity and creating a diverse and inclusive workplace. We welcome applications from all qualified individuals, including members of designated groups such as women, Indigenous peoples, persons with disabilities, and members of visible minorities."
- United Kingdom: "{{Company}} is committed to creating a diverse and inclusive workplace. We welcome applications from all qualified individuals regardless of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation.”
- European Union: “{{Company}} is committed to ensuring equal treatment and non-discrimination in the workplace. We welcome applications from all qualified individuals regardless of religion or belief, disability, age, or sexual orientation."
💡How Datapeople Helps
- Diversity Statements are table-stakes: All jobs benefit by including statements of non-discrimination. On the Datapeople platform, diversity statements are standard requirements in both jobs and templates. The editor provides real-time guidance when they are missing in the sidebar.
- Our Policy Guide enable jurisdiction-specific guidance: Some employers need to have Equal Opportunity statements for specific locations to remain compliant with anti-discrimination laws. You can enact this through an option in the Policy Guide. (The difference between Equal Opportunity and diversity statements is explained here).
- Our Compliance Report enables teams to validate conformation: This report demonstrates which of your open jobs are out of compliance including missing diversity or Equal Opportunity statements, salary disclosure or accommodation statements.