When setting up a job posting, be wary of how you word it and what qualifications you ask potential employees to have. You do not want to be accused of discrimination when you’re really just trying to find an employee who is a good fit for the company and the open position.
That’s not to say that you have no options if you do face such accusations. You absolutely do. Just because an employee or job applicant feels discriminated against does not mean that this is really what has happened. But avoiding the dispute entirely is easier for all involved.
Trying to attract younger workers can lead to problems
For instance, perhaps you want to bring new talent into the workplace, or maybe you want someone who just graduated from college and has up-to-date knowledge on the newest types of technology. That person would be the right fit.
You may consider writing that you want to hire a “recent college grad” in your job posting. From the company’s perspective, this makes sense. From a potential employee’s perspective, though, this could be seen as age discrimination. If most college graduates are fairly young — in their mid-20s — does your job posting discriminate against those who are 40 years of age and older? Do they feel like they cannot apply or will not get the job, even if they’re perfect for it, just because of their age?
This is just one example of how you could be accused of discrimination when that’s not at all what you’re trying to do. It can be hard for employers to find out how to attract the right talent properly. If you’re facing serious discrimination accusations as a result, you need to know what options you have to assert a defense.