Discriminating Material? Legal Liability of Employers for Job Advertisements

Abstract

It is increasingly being recognised that an impressive and relevant presentation of job advertisements, combined with their strategic placing in an appropriate medium is key to a successful recruitment campaign. With increasing competition for certain jobs in this country this is vital although there are inherent dangers for an employer who, without considering the risks, simply asks for what he wants in terms of the skills attributes and characteristics of an applicant. The employer could face serious legal consequences where he wrongly discriminates against people not meeting his requirements or the content of the advert does not reflect the reality of the situation in the workplace. This could take the form of a claim under the equality legislation or a common law action under the law of contract or tort.