New Guidance on Avoiding Unlawful Discrimination in Advertisements

The Equality and Human Rights Commission has published guidance for advertisers and publishers on lawful advertising after receiving over 100 complaints that advertisements were discriminatory.

Examples included discrimination on the grounds of age (a recruitment agency stated that over 45s need not apply), disability (a hotel said that it would not offer accommodation to disabled people), sex, ethnicity and sexual orientation. The guidance supplies examples of what is and is not lawful advertising under the Act, and provides a checklist for good practice in advertising. The guidance reminds readers that liability under the Act can arise not just for the organisation placing a discriminatory advertisement, but also for those who produce or display the advertisement, whether in print or online form.

If you are involved in placing recruitment adverts it would be worthwhile considering this guidance in more detail.

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