Selected State:
National
Summary

      When advertising for a position, it’s important to know the options regarding where and how to advertise. It’s also important to word advertisements properly, not only to communicate essential information about the position and achieve desired results, but to avoid violation of antidiscrimination laws.

Finding Good Employees

     One of the more significant tasks an employer can accomplish is to locate promising job applicants. Although this is occasionally done through word of mouth or employee recommendations, it is still most commonly and successfully done through job advertising.

     In advertising for candidates, the most important matter is to describe the job properly. What, in detail, are its functions? What strengths are needed to do the job well? What, exactly, do you expect from candidates? Employers must advertise precisely or waste time sifting through under- and overqualified applicants.


Where to Advertise

     Determining where to advertise for help wanted used to be a simple matter; today the choices are many.

      Newspapers. Despite the growth of the Internet as a recruiting tool, newspaper advertising remains among the most common ways to seek qualified candidates.

      Employment agencies. Most states have employment services; private employment agencies may also be helpful (for a fee).

      Job Bank America. The U.S. government sponsors a listing of all the jobs submitted to local job services contractors and by approved organizations.

      Radio. Radio is an excellent source of local applicants. Interviews with other employees are especially useful.

      Internet. Surveys show that use of the Internet to advertise for job applicants continues to grow in popularity. The primary reasons cited for this trend are that Internet advertising can potentially save considerable time and money for employers. There are countless online options for employers in terms of posting positions, a number of which are free.


Discrimination

     Federal antidiscrimination laws--Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Rehabilitation Act, and the Americans with Disabilities Act--prohibit employment advertisements that express a preference on the basis of race, color, sex, national origin, religion, age, or disability. This includes all sources of advertisement--including the Internet.

      Bona fide occupational qualification (BFOQ) exception. An advertisement may express a preference for one of these characteristics if it is a BFOQ reasonably necessary for the operation of the business. This is a very narrow and restricted exception. For example, a manufacturer of men's clothing can lawfully advertise for male models. In general, race or color cannot be a BFOQ.

      Government contractors. The federal government requires government contractors to include the phrase "Equal Opportunity Employer" in all help wanted ads. The phrase is usually set off at the bottom of the ad. As a matter of standard practice, most noncontractors now also include the phrase in their ads.


Wording

     Advertisements are usually written as concisely as possible to save space. Typically they describe the employer, the key requirements for the job, and give contact information. Online job ads are generally not as confined as far as number of words are concerned. Still, simplicity should always be the keynote of every employment ad. It should be clear and functional and contain, briefly, the important needs of the job.

      Personal names. Many individuals are reluctant to walk up to a reception desk and say, "I'm looking for a job," or "I'm here to answer your ad." In your ad, give the name of an individual to whom the applicant should apply, the receptionist, someone in human resources, etc.

      Phone number. Using a phone number in your ad may encourage a phone response. This can be helpful to screen applicants who are going to use the phone on the job. Most hourly paid positions, however, do not lend themselves to a successful phone interview.

      Blind ads. Blind (box number) ads are used by employers for a variety of reasons: they do not wish to have their employees know they are seeking applicants, they do not want large numbers of applicants phoning or walking in, etc.; however, the pulling power of such an ad is usually weaker than one with the company name.


Placing an Advertisement

      Agencies/placement. In most cities, there are advertising agencies that specialize in handling help wanted advertising. Their services often do not cost the advertiser anything because the agencies receive a commission from the publications.

      Rates. Newspapers, trade journals, and other advertising media give discounts based upon the frequency of advertising. For example, newspapers have different rates for a three-day or six-day ad, reducing the per diem cost somewhat. Ads can be placed on a six-day or three-day basis in most local papers and canceled at no loss over the day rate. Extended campaigns are handled by a contract with special rates.

     With respect to billing, most newspapers will accept ads and bill any company in their area, but out-of-town papers and trade journals may insist on advance payment unless they receive the ad from an agency.

     Many companies designate one person or department (such as HR) to oversee all media advertising. This makes sense and ensures a degree of proficiency and consistency.


The Internet

     In the past few years, hundreds, perhaps thousands, of Internet job advertising sites have sprung up all over the country. The pages serve employees and employers alike, with employers just as likely to find candidates to fill their entry-level positions as they are to attract high-level engineers, computer professionals, or attorneys. Most Internet sites are commercial enterprises and list job opportunities and résumés as well. Employers seeking employees may find advertising on the Web to be a time-saving and cost-effective method. The same restrictions as to discrimination apply in Internet advertising as they do in print or other electronic (radio or TV) advertising.

      Electronic ads. Some state Internet sites allow employers to list job openings free. Prospective job applicants may also post their credentials, availability, etc. For example, there is the America’s Job Bank site http://www.ajb.dni.us, which is a free job listing site funded by each state's unemployment insurance taxes. The U.S. government sponsors this listing of all the jobs submitted to local job services contractors and by approved organizations.


Related Topics:
• Hiring
 
California
Bias Barred

     The California Fair Employment and Housing Act prohibits employers from printing or circulating (or causing to be printed or circulated) any notice that indicates a preference, limitation, specification, or discrimination based on race, color, religion, age, sex, marital status, national origin, ancestry, physical or mental disability, medical condition, or sexual orientation. However, employers may specify age limitations where the law compels or provides for that action (CA Gov. Code Sec. 12940).


Misrepresentation

     In California, it is illegal to try to recruit (by advertising or otherwise) employees by misrepresenting the kind, character, or existence of the work, the length of time the work will last, or its wages, or the sanitary or housing conditions relating to it. To do so is a misdemeanor punishable by fine or imprisonment and may also subject an employer to a civil lawsuit.

     If an employer advertises for employees during a strike, lockout, or other labor dispute, the advertisement must state explicitly that a dispute exists (CA Lab. Code Sec. 970et seq.). To fail to do so is a misdemeanor punishable by fine or imprisonment and may also subject an employer to a civil lawsuit.