Ill. Admin. Code tit. 56 § 5210.20

Current through Register Vol. 48, No. 49, December 6, 2024

Section 5210.20 - Recruiting

a) It is a violation of the Act for an employer or employment agency to post or publish or to place with any employment agency or publication a listing, advertisement or request for referrals which directly or indirectly expresses a preference, limitation or specification for persons of one sex, unless sex is a bona fide occupational qualification for the job involved. The placement of an advertisement for publication in a section or under a heading such as "Help Wanted - Men" or "Help Wanted - Women" constitutes an expression of such a preference, limitation or specification, and is therefore unlawful except when sex is a bona fide occupational qualification. Advertisements using terms such as "bus boy" or "girl friday" or other gender-specific titles to designate jobs are also deemed to indicate sex preference. An employer or employment agency which advertises under a name which indicates that it seeks applicants of one sex only violates the Act unless it is clear from the advertisement as a whole that applicants of both sexes are in fact solicited.

b) A newspaper, magazine or similar publication aids and abets the commission of unlawful employment discrimination, in violation of Section 6-101(B) of the Act, (Ill. Rev. Stat. 1983, ch. 68, par. 6-101(B)), when it publishes help-wanted advertisements in sex-segregated columns or sections, or when it publishes such advertisements using terminology suggesting that the positions for which applicants are sought are restricted to or appropriate for persons of one sex only. This occurs when such an advertisement is expressly addressed to persons of one sex (e.g., "mature man" or "attractive woman"), or where the ad utilizes a sex-specific job title (e.g., "repairMAN" or "salesMAN"). There is no violation of the Act if sex is a bona fide occupational qualification for the job in question.

Ill. Admin. Code tit. 56, § 5210.20