From the Hotline

By Teri Henning
Pennsylvania Newspaper Association

Q: Can we use the term “students” in a housing or employment classified advertisement?

A: The PNA recommends against using the term “students” in any housing or employment advertisement, because of the potential for a claim that the ad suggests a preference based on age. 

Although it is true that students are of all ages, it is also true that the large majority of students are under 40. We are concerned that advertising for “students” could be seen as showing a preference for persons under 40. Persons over 40 are a “protected class” under state and federal anti-discrimination laws.

In the past, we have received some mixed messages from the Pennsylvania Human Relations Commission regarding the use of “students.” The Housing Division has, in some circumstances, said that it is acceptable to use the term. The Employment Division has taken the position that “students” should not be used in employment ads. 

For these reasons, we believe that it is a much better practice not to use the term “students” when advertising for housing or employment. This is also consistent with the general rule, which is: describe the property (or the employment position), not the person. 

As a practical matter, there are better, safer ways to adequately and accurately describe a particular employment position or housing accommodation. Is the apartment close to a campus? Say so (as long as the institution does not discriminate on the basis of religion, gender, etc.). Is the employment seasonal? Say so. Does it offer flexible hours and schedules? Say so. Just don’t – in our opinion – specifically request students.

If you have any questions, please contact your newspaper’s lawyer or the PNA’s Legal Hotline at (717) 703-3076.

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