From the Hotline

By Teri Henning
Pennsylvania Newspaper Association

Q: Can a newspaper accept an employment or housing ad seeking "students"?

A: The PNA recommends against taking ads that seek students for employment or housing accommodations. The Pennsylvania Human Relations Act, the federal Fair Housing Act and the federal Age Discrimination in Employment Act all prohibit discrimination based on age. Individuals over 40 are considered to be a "protected class" under these statutes. Although it is true that students are of all ages, the reality is that the majority of students are under 40 years of age. As a result, an ad seeking a student could be seen as showing a preference for someone under 40 (and discriminating against a protected class -- those over 40).

Under the housing laws, both publishers and advertisers are liable for publishing discriminatory ads. Although the state employment law does not expressly hold publishers liable for discriminatory ads, the Pennsylvania Human Relations Commission takes the position that publishers are liable for these ads as well.

As always, the best way to describe a property or a job is to describe the housing accommodation or employment -- and to stay away from any terms that describe the individual being sought.

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

[HOTLINE ARCHIVE]