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Job ad writing - what you can and cannot state

October 28th, 2011 by Tanya Gray
Sure, writing an ad for staff seems simple - but are you aware of what you legally can and cannot state in an ad? Here we give you some tips to help you stay safe!
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Discrimination in advertising for staff is prohibited and it is prudent for anyone who is involved in recruiting to be aware of the anti-discrimination laws and their effect on advertising. Job advertisements must comply with the anti-discrimination laws contained in the HUMAN RIGHTS ACT 1993. This act applies to both employers and recruitment agencies.

What is unlawful discrimination?

Discrimination occurs when a person is treated less favourably than another person in the sameor similarcircumstances. Discrimination may be unlawful if it is based on one or more of the following grounds:

  • sex
  • disability/impairment
  • marital status which includes being in a civil union
  • age
  • religious and ethical belief
  • employment status
  • colour and race
  • family status
  • political opinion
  • sexual orientation
  • ethnic or national origins

In addition to those grounds, it is illegal to impose height or weight restrictions without good reason.

These grounds apply to a person’s past, present or assumedfuturecircumstances. An example of unlawful discrimination is if someone has a mental illness. You cannot discriminate against them if they have had a mental illness in the past, or are incorrectly assumed to have a mental illness.

Who is responsible for ensuring this?

The Act applies to anyone who publishes or displays an advertisement.Both the person who placed theadvertisement and the person who published it may be held liable for breaches.

When writing advertisements if you are unsure about unlawful discrimination it is best to check with the Human Rights Commission or your Lawyer to avoid any complaints.

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About the author

Tanya Gray's picture
Tanya Gray
Recruit NZ Limited
http://www.recruit-nz.co.nz

Tanya Gray is the Managing Director of Recruit NZ. Recruit NZ was established in 2008 because there was a need for a more personalised and non-corporate approach to recruitment for both employers and job seekers. The business is a one stop shop for both employers and job seekers providing everything from end to end recruitment to coaching, consulting, webinars, workshops, and CV assistance. Our slogan is "Passionate about Recruitment" and we are, its what we do all day everyday. We are good at it, have a great selection of clients and have a 100% success rate in all candidates we have placed into employment. We are based in Blockhouse Bay but are mobile and also provide a money back guarantee to all of our recruitment clients because we are confident in our ability to get the job done right the first time. Tanya has a son Jacob who is 3 years old and a daughter Alex who is almost 12 months old. In her spare time she enjoys reading, gardening, spending time with friends and family and a bit of retail therapy. Tanya has recently completed teaching a Certificate In Small Business Management and intends to complete her post graduate in HR in 2012

Auckland