From the Hotline

By Teri Henning, General Counsel
Pennsylvania Newspaper Association

Q: Should a paper accept a housing or employment ad that seeks “students?”

A: We recommend against accepting such ads. The federal and state fair housing and employment laws prohibit discrimination based on age, and recognize individuals over 40 as a “protected class.” Publishers are certainly liable for discriminatory housing ads, and the Pennsylvania Human Relations Commission takes the position that they are liable for discriminatory employment ads as well. Although students are of all ages, the reality is that the large majority of students are under the age of 40. Advertising for “students,” then, whether it is in the housing or employment context, could be seen as showing a preference for young people or discriminating against persons over 40. As always, the best way to describe a job or housing accommodation is to describe the position or the property -- and not the person who could work or live there.

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