Most micro and small businesses do not have the resources for a full-time in house counsel. This means the business owners need to be that much more vigilant to ensure that the actions the business takes comply with state and federal laws. If your small business is planning on posting a want advertisement, there are a few points you should be aware of in regards to possible discrimination and job security.
The advertisement should be worded so that it does not appear to discriminate against any protected class. At first this seems like something that can be done obviously, and in most cases it can, but some wording that suggests discrimination is still prevalent in advertisements today. Protected classes include favoring: men over women (or vice versa); blacks over whites; or one age group over another. The age group is one that is often forgotten about by many small businesses that operate without the advise of a lawyer. To comply with the discrimination laws, an advertisement should not contain phrases such as “age 25 to 35 preferred,” “recent college graduate,” or “recent college graduate” as these phrases may suggest the business is discriminating against older persons.
Want ads can also inadvertently suggest the job is more secure than it is. Many employers post ads that may give employees more rights by using phrases such as “long-term growth,” “permanent,” “secure,” or “career path.” Phrases like these may create an inference that the employer is offering a job that cannot be terminated except for notice or cause even when the employer has no intention of giving workers added job security.
The best advise is to avoid copying and pasting a similar business’ advertisement until you know what all of the phrases and wording within the ad imply.