This week’s inquiry comes from Tom Skobel:
Hello Jeff Allen!
I have read and found to be very interesting the article you wrote April 15, 2009, entitled, “Jeff On Call: What Internet Job Postings Are Illegal?” I happen to be a college student studying Human Resources Management and find labor practice laws to be interesting, and I enjoy seeing them in play in real life….After reading what are considered to be illegal job postings, I discovered, what I believe, may be an illegal job posting. I discovered the job posting in question on a reputable job search website. The title reads: “Seeking Full Time FEMALE PERSONAL ASSISTANT for Busy Executive, ready to train and start very soon. ” In addition, one of the traits reads, “Recent college graduate – no more than 5 years out of college.”
From studying Labor Law at college and reading what you have listed in your well-thought out article, I believe this job excludes males from applying for this position — gender discrimination, which is prohibited by Title VII of the Civil Rights Act of 1964. I would like to get your expert opinion on this matter.
Once again, I enjoyed reading your article. I found your article to be both enlightening and easily understandable. I look forward to read more of your work.
I’m delighted that you’ve benefited so much from our JOC information.
Surely you must have seen that “FEMALE PERSONAL ASSISTANT” ad in an online dating service.
The ad you found is more than awful – it looks unlawful. If Fordyce founding father Paul Hawkinson were writing this reply, he’d have two words in one for this clueless “employer” — “Hooboy!”
I’d suggest you let that “Busy Executive” know, because he doesn’t know what “busy” really means until he’s hit with an EEOC Notice of Charge of Discrimination. It’s nasty news indeed.
The gender discrimination is only part of the problem. The other prima facie (on its face) violation is “Recent college graduate – no more than 5 years out of college.”
Fortunately no recruiter appears to be involved. How could one be? But this is a great example of what not to do – or even think!
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Guide: Practical Tips for Remote Hiring
Thanks for sharing it with our JOC readers. It keeps them sharp!
If you have a legal question you’d like to have Jeff answer here on The Fordyce Letter, check out Jeff’s On Call! and submit your question.