Discriminatory language in job postings: the words to cut and the law behind each

Federal law makes it unlawful for an employer or employment agency to publish a job ad "indicating any preference, limitation, specification, or discrimination" based on race, color, religion, sex or national origin (Title VII section 704(b)) or age 40 and over (ADEA section 4(e)). The only exception is for religion, sex or national origin where it is a genuine occupational qualification, and never for race or color. As of October 2026, states and cities add more: hair texture, height and weight, and unemployment status in some places. This page lists the phrases that cause trouble, the law behind each, and what to write instead.

For age wording in depth, see age discrimination in hiring; for citizenship and visa wording, see work authorization questions; for writing an ad that screens on the work, see how to write a job description that screens.

What does federal law say about job ads?

Title VII makes it "an unlawful employment practice for an employer, labor organization, employment agency" to "print or publish or cause to be printed or published any notice or advertisement relating to employment" that indicates "any preference, limitation, specification, or discrimination, based on race, color, religion, sex, or national origin" (42 U.S.C. 2000e-3(b)). Note "cause to be printed": a staffing firm that writes and posts an ad for a client is covered, and so is the client that asked for it.

The ADEA has a parallel rule for any notice or advertisement "indicating any preference, limitation, specification, or discrimination, based on age" (29 U.S.C. 623(e)), and the EEOC's regulation names phrases that break it, including "age 25 to 35, young, college student, recent college graduate, boy, girl" (29 CFR 1625.4(a)). For sex, the EEOC's rule says "it is a violation of title VII for a help-wanted advertisement to indicate a preference, limitation, specification, or discrimination based on sex unless sex is a bona fide occupational qualification for the particular job involved" (29 CFR 1604.5).

The ADA has no separate advertising section, but physical and other requirements written into an ad are qualification standards. Standards that "screen out or tend to screen out" people with disabilities must be "job related for the position in question" and "consistent with business necessity" (29 CFR 1630.10(a)).

Which phrases in a job ad create legal risk?

The fluency row deserves a closer look because it is the one most often used in good faith. The EEOC's guidance says "an English fluency or English proficiency requirement is permissible only if required for the effective performance of the position for which it is imposed," and that the level needed "varies from one position to the next" (EEOC Enforcement Guidance on National Origin Discrimination). "Native" describes where someone learned a language, not how well they use it. Say what the job requires: written contracts, live customer calls, technical documentation.

When may a job ad state a preference?

Section 704(b) has one exception: an ad "may indicate a preference, limitation, specification, or discrimination based on religion, sex, or national origin when religion, sex, or national origin is a bona fide occupational qualification for employment" (42 U.S.C. 2000e-3(b)). Race and color are not on that list, so no ad may express a racial preference. The EEOC reads the exception narrowly: it does not cover "the preferences of coworkers, the employer, clients or customers," with authenticity, "e.g., an actor or actress," as its example of where sex can qualify (29 CFR 1604.2(a)). The ADEA has its own, similarly narrow version for age. Our page on the bona fide occupational qualification covers the tests courts apply and how to document one before it reaches an ad.

Religious organizations are a separate case. Title VII does not apply to a religious corporation, association, educational institution or society "with respect to the employment of individuals of a particular religion" for its activities (42 U.S.C. 2000e-1(a)), so a church or faith-based charity may say it seeks members of its faith. That exemption does not extend to other protected traits.

Does targeting job ads on social media count?

The statutes speak of ads "indicating" a preference, and were written for newspapers. Neither mentions audience targeting, and we did not find a federal appeals court ruling that settles how they apply to it. Our reading, as of October 2026: limiting who sees a job ad by age or sex expresses a preference just as clearly as the words in it, and it also controls who gets the chance to apply. The practical rules:

• Do not set age or gender audience filters on job ads, and do not use lookalike or interest audiences built to approximate them.
• Be careful with location exclusions. Excluding ZIP codes can track race or national origin; target by commuting distance from the worksite instead.
• Keep a record of each campaign's targeting settings with the ad copy. The ADEA rules require keeping "any advertisements or notices to the public or to employees relating to job openings" for a year (29 CFR 1627.3(b)(1)).
• Widen reach instead of narrowing it: more boards, community partners and schools add applicants without excluding anyone. Our page on whether diversity hiring is legal explains why outreach is the safer route.

What do states and cities add?

Many state laws copy the federal advertising rule and extend it to the state's longer list of protected classes and to smaller employers. Michigan's is a clear example: no employer or agency may publish an ad "that indicates a preference, limitation, specification, or discrimination" based on a list that includes "height, weight, or marital status" (MCL 37.2206(1)). The CROWN Acts bring hair texture and protective styles inside "race" in the states that have them, and New Jersey, Oregon, D.C. and New York City ban "currently employed only" wording. Federal contractors have further posting rules; see job posting requirements for federal contractors. Before an ad goes live in a new state, check that state's fair employment law for its list of protected classes.

A review routine for every ad

1. Read for people words. Any word describing who the person is (age, sex, origin, faith, body, family, employment status) rather than what they will do gets cut or rewritten.
2. Check every requirement against the job analysis. Each must trace to an essential function written down before the ad; the ADA rules treat "written job descriptions prepared before advertising" as evidence of what is essential (29 CFR 1630.2(n)(3)(ii)).
3. Write minimums, not maximums. "At least" for experience; never "no more than."
4. Name the reason for any safety or legal rule. A respirator seal, a license required by statute, a lifting task.
5. Check targeting settings with the same care as the copy, and save both.
6. Agencies: check the client's brief. Instructions such as "young and hungry" or "local accent" cannot be passed on; record that you declined them. Our illegal interview questions guide covers the same issue at the interview stage.