Job advertisements and age discrimination – avoiding the pitfalls

In a CIPD survey, Age Discrimination at Work (2001), 1 in 8 respondents reported that they had been discouraged from applying for a job because the advertisement contained an age limit or age range, or implied that the applicant needed to be a certain age e.g. by using terms such as “young”.

The Employment Equality (Age) Regulations 2006 came into force on 1 October 2006 to address such direct and indirect age discrimination. Employers are now grappling with the practical problem of recruiting the right people without falling foul of this legislation.

When advertising jobs, employers should:

• avoid using age-related criteria e.g. “applicants should be under the age of 30”;
• avoid using stereotypes associated with age e.g. “the applicant should be enthusiastic, dynamic, fun-loving and in touch with the latest thinking” or “the applicant should be mature, reliable and with a proven track record of loyalty”. Be cautious when using the following words as they may be discriminatory:

• avoid using images in the promotional literature which may carry hidden messages;
• focus on the skills that are actually needed for the job rather than on the desired characteristics or experience of the applicant. Asking for several years of work experience could amount to indirect age discrimination unless it can be objectively justified as younger people are less likely to be able to fulfil such a requirement for length of experience;
• ensure that vacancies are publicised in a variety of places in order to attract applicants of different ages. An advertisement placed only in a magazine aimed at young people or only on the internet may indirectly discriminate against older people; and
• where relying on a genuine occupational requirement exemption to justify indirect age discrimination, this should be clearly stated in the advertisement.

Age discrimination can, however, be objectively justified if the treatment is a “proportionate means of achieving a legitimate aim”. A criteria that an applicant has 5 years of experience may therefore be objectively justified where, for example, experience in the field is acknowledged as being a critical factor for the job.