WEBVTT

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In our business, it's very difficult
to get good people to even apply.

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So, when I put ads out there, I really
sell the job well, you know.

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But someone told me that
I have to be very careful

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on how I describe the position.

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Is that true?

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You do have to be very careful

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about how you
describe a position -

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in print, electronically,
or in person.

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Title VII of the Civil Rights Act,
the Age Discrimination in Employment Act,

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and the Americans
with Disabilities Act

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prohibit discrimination based
on race, color, national origin,

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sex, religion, age, or disability.

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This includes advertising and
recruiting related to employment,

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referrals for employment, or
apprenticeships or other training.

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There are three key areas
to pay attention to

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when it comes
to describing the job.

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The language you use.

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Omitting information
and "puffing up"

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or exaggerating information
about the job.

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When it comes to language,

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you need to be careful

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that the words you use don't
imply some forms of discrimination.

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For example, advertising for
a candidate who is "young and eager"

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or "a recent high school graduate" can
result in claims of age discrimination.

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Or saying "3 - 5 years experience"

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almost guarantees your
applicants will be younger.

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Instead, say "3+ years."

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This way you will not
exclude older people

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who have more experience but who have
chosen to take less challenging jobs.

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You can also run into gender
discrimination trouble

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if you advertise for "an individual
who can apply his talents to the challenge"

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or "an administrative secretary
who will use her skills

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to assist top executives."

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Avoid discrimination based
on national origin

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by focusing on skills rather
than ethnicity.

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For example, don't advertise that
you want Hispanic or Japanese applicants,

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instead say "Spanish speaking"
or "Japanese speaking."

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Another way you can run
into legal trouble

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is by omitting information.

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For example, if frequent travel is
required, or the job is temporary,

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or subject to layoff,
or requires a lot of overtime,

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or requires working with
hazardous materials,

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you need to tell applicants that.

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It doesn't have
to be in the ad,

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but definitely before
you offer them the job.

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Not only is that fair to them,
it makes your job easier,

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because if you don't tell
applicants about big negatives,

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they will end up quitting!

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And finally, one area that I see
a lot of people stumbling on

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is what I call "puffing."

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In other words, exaggerating
potential benefits,

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making promises that can't
or won't be kept,

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or making statements
that aren't accurate.

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One of the best things
about working here,

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is this company is like
a real family.

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This position offers
a road map to the top.

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You know, you've
got a lot to offer

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and I think you're going to be
with us for a long time.

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All of those are examples of statements
which could get you into trouble

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if they turn out not to be true.

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More than one employee
has sued an organization

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for either breach of promise or
what's known as detrimental reliance,

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which is legal speak for

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"If you hadn't made those promises,
I wouldn't have taken this job."

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In both situations, the issues
involve a work environment

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or career advancement
opportunities

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that fail to match the descriptions
given in job postings

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or during an interview.