From the Legal Hotline

By Teri Henning, General Counsel; Melissa Melewsky, Media Law Counsel
Pennsylvania Newspaper Association

Q: An advertiser wants to “must be fluent in English” in an employment ad. Is that acceptable?

A: PNA advises against using this type of wording in employment ads.

The PA Human Relations Act makes it illegal for employers to discriminate or show a preference based on:

• race
• age
• color
• religion/creed
• sex
• national origin
• ancestry
• non-job related handicap or disability (refers to physical or mental impairment which substantially limits one or more major life activities). Note: this category includes diseases, such as AIDS.
• use of guide or support animal due to blindness, deafness or physical handicap.

The PA Human Relations Act also makes it illegal to publish any employment advertisement indicating any preference, limitation, specification or discrimination based upon the above factors.

Using phrases like “must be fluent in English” raises a red flag for discrimination based on national origin and possibly ancestry. Use of similar phrases could result in a complaint being filed with the PA Human Relations Commission therefore, PNA advises against using this type of language.

Please call the Legal Hotline (717) 703-3080 with any questions or if you would like to have a specific ad reviewed.

Use this link to the Headlines & Deadlines archive of weekly 'From the Hotline' columns. 

[HOTLINE ARCHIVE]

PNA Legal Hotline: (717) 703-3080