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GENERAL PROHIBITION
The Act provides that no employer shall publish or circulate any advertisement that discriminates on the grounds listed above. It should be noted that this general prohibition includes not only explicit wording e.g. males only, but also includes implied wordings e.g. maid, which suggests female only.
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EXEMPTIONS
The Act provides exemptions from the general prohibition in specific circumstances. For example, a person may advertise for a female live-in companion to care for an elderly female. This is considered a genuine and material occupational qualification, and a reasonable employment consideration.
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SCREENING SERVICES
As a service to the public, the Commission regularly screens advertisements and will advise on their compliance with the legislation. Advertisers are encouraged to make use of this service, particularly those persons wishing to advertise in an area where a bona fide and reasonable employment consideration may exist. Advertisers may apply to the Commission to have their advertisements screened and responses will be provided promptly.
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CONTENT OF ADVERTISEMENTS
In general, job titles will be acceptable if they are neutral with regard to sex and marital status. The test of a neutral job title is that it would NOT discourage qualified applicants of either sex. Titles should clearly describe the job, not the sex of the person doing the job. Wherever possible, job titles ending with the suffix "man" or "woman" should be replaced with neutral descriptions such as:
agent domestic person
assistant helper representative
attendant operator technician worker Where there is doubt as to the neutrality of a job title or it is not possible to determine a suitable alternative, the use of one of the following techniques will indicate that no sex preference is intended:
(a) use a double title which includes both genders: e.g.
waiter/waitress
foreman/forewoman
barman/barmaid, etc.
(b) Add the words "male or female" or "men or women" following the job title, e.g. draftsman - male or female
Job titles of French derivation and male gender, such as "Maitre'd" should be qualified by using one of the above-mentioned examples to encourage applicants of both sexes to apply.
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PROVISIONS OF THE ACT
In advertising, the Act prohibits direct or indirect discrimination that is based upon any of the following grounds:
- Race, place of origin, colour or ethnicity or national origins
- Sex
- Marital status
- Having or the likelihood of having a child (whether born in lawful wedlock or not)
- Disability
- Religion, beliefs or political opinions
- criminal record (There are exceptions)
Discrimination occurs when one treats another less favourably based on any of the above-mentioned grounds.
The intent of the Act is to ensure that no real or implied barriers exist to discourage people from seeking jobs for which they are qualified. While the Act does not interfere with employers' rights to advertise for suitably qualified persons, it does prevent those characteristics which are not job-related from influencing the selection process.
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JOB CLASSIFICATIONS
Classifications and column headings which denote a preference for one sex must not be used. Instead advertisers are encouraged to take advantage of neutral column headings such as: -Help Wanted -Employment -Job Vacancies
Advertisers are asked to be sensitive to the needs, aspirations and feelings of the public, as well as their own. Although some situations are not covered by the Act, good human relations must prevail in order for our community to live in harmony. Photographs The request that a photograph be included as part of the job application is only acceptable if the appearance of the applicant is a genuine employment consideration (for example, a model). Age Although age is not a prohibited ground under the Act, advertisers are encouraged to use the term "mature" or to specify the years of experience where these considerations are genuine requirements. PLEASE NOTE These guidelines are meant to assist the public in understanding the provisions of the Human Rights Act 1981 as they pertain to job advertisements. The guidelines do not replace or supplement the legislation in any way. Publishers share responsibility with advertisers for any breach of these provisions.
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