Hiring complianceRead at source, 30 September 2026
Discriminatory Job Ad Language: Words to Avoid in Job Postings
Avoid any word that signals who you want instead of what the job needs. That means preferences by age (“recent grad,” “young,” “digital native”), sex (“salesman,” “strong guy”), national origin (“native English speaker”), citizenship (“U.S. citizens only”), disability (“able-bodied”) or pregnancy. Federal law makes a discriminatory ad unlawful on its own, before anyone is rejected. The fix is always the same: describe the job’s real requirements — the weight, the shift, the license, the language the work is done in.
The laws behind it: Title VII, ADEA, ADA, IRCA citizenship discrimination and state laws
The ad itself can be the violation. Title VII’s section 704(b), at 42 U.S.C. 2000e-3(b), makes it unlawful for an employer “to print or publish or cause to be printed or published any notice or advertisement relating to employment” that indicates “any preference, limitation, specification, or discrimination, based on race, color, religion, sex, or national origin.” The only exception is a bona fide occupational qualification for religion, sex or national origin. There is none for race. Sex includes pregnancy under 42 U.S.C. 2000e(k).
The ADEA has its own ad clause, 29 U.S.C. 623(e), and the EEOC’s rule at 29 CFR 1625.4 names the words: ads with “terms such as age 25 to 35, young, college student, recent college graduate, boy, girl, or others of a similar nature violate the Act unless one of the statutory exceptions applies.” The same rule allows ads that prefer older workers, such as “retirees.”
The EEOC applies the same ad rule to disability and genetic information: “It is illegal for an employer to publish a job advertisement that shows a preference for or discourages someone from applying for a job because of his or her race, color, religion, sex (including transgender status, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.”
Citizenship sits under the Immigration and Nationality Act, as amended by IRCA. 8 U.S.C. 1324b bars citizenship status discrimination against protected individuals (citizens and nationals and, with limits, permanent residents, certain temporary residents, refugees and asylees) in hiring, firing, and recruitment or referral for a fee, for employers with more than three employees, unless the requirement is “required in order to comply with law, regulation, or executive order, or required by Federal, State, or local government contract.” The DOJ’s Immigrant and Employee Rights Section: “Do not assume that only U.S. citizens are authorized to work.”
State laws usually reach further. California’s Government Code 12940(d) bars publications that express “any limitation, specification, or discrimination” by a longer list that includes marital status, gender identity, medical condition and veteran or military status. The EEO statement at the bottom of an ad does not cure a discriminatory line above it.
Risky job ad phrases, why they’re risky, and what to write instead
| Risky phrase | Why it’s risky | Write instead |
|---|---|---|
| “Recent graduate,” “college student” | Named in 29 CFR 1625.4 as terms that violate the ADEA | “Entry level. No experience needed; we train.” |
| “Young,” “young and energetic team” | “Young” is named in 1625.4 | “Busy floor; you’re on your feet for a 10-hour shift.” |
| “Digital native” | Signals age, like the terms in 1625.4 “of a similar nature” | “You’ll use a handheld scanner and our scheduling app.” |
| “Age 25–35,” “under 40” | “Age 25 to 35” is named in 1625.4; any age limit indicates a preference under 29 U.S.C. 623(e) | Drop it. If a law sets a minimum, cite it: “Must be at least 21 (DOT rule for interstate driving).” |
| “Salesman,” “foreman,” “waitress,” “deliveryman” | Preference by sex, 42 U.S.C. 2000e-3(b) | “Sales representative,” “crew lead,” “server,” “delivery driver” |
| “Looking for a strong guy” | Preference by sex | “Lift and carry 50 lb, up to 40 times a shift.” |
| “Perfect for stay-at-home moms” | Preference by sex | “Part-time hours, 9 a.m. to 2 p.m., weekdays.” |
| “Native English speaker” | National origin; fluency may be required only when the job needs it (EEOC) | “Fluent spoken English to explain care plans to families.” |
| “No accents,” “American accent” | National origin (EEOC guidance on accent) | “Clear phone communication with customers.” |
| “U.S. citizens only,” “green card holders only” | Citizenship status discrimination, 8 U.S.C. 1324b, unless a law, regulation, executive order or government contract requires it | Drop it; verify work authorization for every hire on Form I-9. If a rule requires citizenship, name the rule. |
| “Able-bodied,” “in perfect health” | Discourages people with disabilities (EEOC) | “Stand and walk for a full shift, with or without reasonable accommodation.” |
The right-hand column follows our job ad copywriting rule: the requirement, stated as a fact about the job, is clearer and safer copy.
Physical requirements: how to write them lawfully
Physical requirements are lawful when they describe the job. The ADA gives weight to what you write down first: under 42 U.S.C. 12111(8), “if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job.”
- Name the task, the weight and how often: “lift 50 lb from floor to waist, about 40 times a shift,” not “must be physically fit.”
- Describe the result, not the body: “move residents using a mechanical lift,” not “must have a strong back.”
- Add “with or without reasonable accommodation” to physical lines.
- List only essential functions.
Health questions and medical exams belong after a conditional offer, not in the ad or the application. Our guide to the pre-employment physical covers that stage.
Language requirements: when “English only” or “bilingual preferred” is lawful
The EEOC’s national origin guidance is specific: “an English fluency or English proficiency requirement is permissible only if required for the effective performance of the position for which it is imposed,” and the same test applies to other languages. So:
- “Fluent English required” is lawful for a role that needs it: a nurse aide explaining care, a dispatcher, a customer service rep. For interstate truck drivers it is the law: 49 CFR 391.11(b)(2) requires drivers to read and speak English well enough to converse with the public and understand road signs.
- “Native English speaker” is not a skill; it is a statement about where someone grew up. Replace it with the level of English the job uses.
- “Bilingual Spanish preferred” is lawful where the job serves Spanish-speaking customers or crews. See how to recruit bilingual employees.
- “English only” as a workplace rule is different from a fluency requirement. The guidance calls blanket rules requiring employees to speak English “at all times” presumptively unlawful; keep workplace language rules out of the ad.
Meta’s Employment special ad category: targeting limits on top of wording
Since Meta’s 2019 civil rights settlements, anyone running employment ads “will no longer be allowed to target by age, gender or zip code,” and detailed targeting options that relate to protected classes are unavailable. Employment ads run in the Employment special ad category; Meta’s audience rules for that category require audiences to include all genders, remove ZIP-code targeting and expand city or address targeting to a minimum 15-mile radius. Our Meta special ad category page covers the full rules.
Meta’s discriminatory practices policy adds a content rule: its advertising standards “don’t allow advertisers to run ads that discriminate against individuals or groups of people based on personal attributes” such as race, national origin, religion, age, sex and disability, including in the ad content itself. Two consequences for employers:
- Locked targeting doesn’t fix wording. “Recent grads” in the copy is still a problem.
- Meta’s approval is not legal clearance. An ad that runs is still your publication under Title VII and the ADEA. If Meta stops one, see why Facebook rejects job ads.
A 60-second pre-publish check for job ads
Ask six questions:
- Who words. Any word about the person (age, gender, family, origin, health) instead of the job? Replace it with the requirement.
- Job titles. Gender-neutral?
- Physical lines. Task, weight, frequency, and “with or without reasonable accommodation”?
- Language. Does the job actually use that language, at that level?
- Citizenship. Any citizenship or visa line? Delete it unless a named law or contract requires it.
- Images and audience. Do the photos show one kind of worker only, and is the campaign in the Employment category?
The same checks run through the rest of hiring; our illegal interview questions guide covers the interview, and the hiring compliance hub covers the rest.
Frequently asked questions
What words should I avoid in a job ad?
Words that describe the person you want rather than the job: “young,” “recent graduate,” “salesman,” “native English speaker,” “U.S. citizens only,” “able-bodied” and references to mothers or pregnancy. Replace each with the real requirement: the task, weight, schedule, license or language level.
Is 'recent graduate' age discrimination in a job posting?
The EEOC’s ADEA rule, 29 CFR 1625.4, names “recent college graduate” and “college student” as terms that violate the Act unless a statutory exception applies, because they deter older applicants. Write “entry level” or “no experience needed” instead.
Can a job ad say 'native English speaker'?
Avoid it. The EEOC treats language as closely tied to national origin and allows a fluency requirement only when the job needs it for effective performance. “Native” describes where someone learned English, not how well they speak it. State the level the job needs, such as “fluent spoken English with customers.”
Can I list lifting requirements in a job ad?
Yes, when lifting is an essential function. Be specific (weight, frequency, height) and add “with or without reasonable accommodation.” Under the ADA, a written job description prepared before advertising is evidence of the essential functions. Medical questions and exams wait until after a conditional offer.
Is 'young and energetic' illegal in a job posting?
“Young” is one of the terms the EEOC’s rule at 29 CFR 1625.4 says violates the ADEA in a help-wanted ad. “Energetic” alone is not named, but paired with “young” it reads as an age preference. Describe the pace instead: “on your feet all shift in a busy kitchen.”
Can a job ad require U.S. citizenship?
Only when a law, regulation, executive order or government contract requires it. Otherwise 8 U.S.C. 1324b bars citizenship status discrimination against protected individuals, including many non-citizens. Every hire’s work authorization is checked on Form I-9, so the ad doesn’t need a citizenship line.
Does Facebook review job ads for discrimination?
Meta applies its advertising standards, including a Discriminatory Practices policy, and requires job ads to run in the Employment special ad category, which removes age, gender and ZIP code targeting. But Meta’s approval is not legal clearance. The wording is still your publication under Title VII and the ADEA.
Clean job ads, running where frontline workers look
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Book a DemoSources: 42 U.S.C. 2000e-3(b) and 2000e(k); 29 U.S.C. 623(e); 29 CFR 1625.4; 42 U.S.C. 12111(8); 8 U.S.C. 1324b; 49 CFR 391.11(b) (eCFR); EEOC, Prohibited Employment Policies/Practices and Enforcement Guidance on National Origin Discrimination (2016); DOJ IER, Best Practices for Recruiting and Hiring Workers; California Government Code 12940(d); Meta Business Help Center, About Meta’s advertising policy on discriminatory practices and About audiences for housing, employment or financial products and services campaigns; Meta newsroom, 19 March 2019. General information, not legal advice. Last verified 30 September 2026. Read at source 30 September 2026.