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Job Postings and Recruitment

  1. No specific law obligates private employers to post jobs in any particular way.

  2. Advertise job vacancies in media that are likely to be seen or heard by minority applicants.

  3. A company's job posting system should result in a wide range of applicants.

  4. Try to list job openings with the state's public employment service, as administered by local Workforce Solutions centers and the Texas Workforce Commission (WorkInTexas.com), since the EEOC and the TWC Civil Rights Division consider that to be evidence of an open and fair hiring process

  5. A large applicant pool increases the chance of finding a really good new hire.

  6. Having a written affirmative action program is required only for certain federal contractors and grantees (under Executive Order 11246, the Vietnam Era Veterans' Readjustment Assistance Act, and Section 503 of the Rehabilitation Act. Sample affirmation action programs are on the OFCCP website at https://www.dol.gov/ofccp/regs/compliance/aaps/aaps.htm.

  7. However, practicing simple affirmative action/equal employment opportunity guidelines can make it easier to defend against a discrimination claim.

  8. It is common to see "XYZ Company is an equal opportunity employer" in job postings and help-wanted ads.

  9. Avoid gender-specific job titles in job postings/help-wanted ads - while there is no Texas or federal law specifically requiring employers to avoid gender-specific job titles in job postings, it is generally recommended that employers try to use gender-neutral job titles and position descriptions whenever possible, unless there is a bona fide occupational qualification (BFOQ) that the position be filled by a man or a woman. Thus, "seamstress" could be replaced with "sewing machine operator", "tailor assistant", "clothing alterations specialist", or something similar that fits the specific duties of the position, while "busboy" could be replaced with something like "busser", "porter", "table cleaner", "waitstaff assistant", "kitchen associate", or the like. The potential problem with using gender-specific titles where there is no need to do so is that in a hiring practices claim before the EEOC or TWC's Civil Rights Division, it might give the investigator one additional thing to ask about that could needlessly complicate the case.

  10. Other things to keep out of job postings, unless the company is prepared to prove that such criteria are justified by business necessity, would be anything that the EEOC might consider to have a direct or indirect impact on minorities, such as "must be currently employed", "recent graduate", "no criminal record", or "must live within city limits".

  11. Personnel search firms ("head-hunting" firms) are covered by the same anti-discrimination laws that apply to their clients - one could hurt the other, and vice-versa, by unwise hiring practices that violate laws - both clients and their personnel search firms must work together to avoid job discrimination claims.

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