1.
In
general. It shall be an unlawful employment practice for any person to
print or publish or cause to be printed or published any notice or
advertisement relating to employment or membership in a labor organization
indicating any preference, limitation, specification or discrimination based
upon protected class, unless there is a bona fide occupational qualification
for such preference, limitation, specification or discrimination.
2. The Commission will consider to be a
violation of the Act the acceptance for publication, by any communications
medium, of any notice or advertisement relating to employment preference,
limitation, specification or discrimination based on protected class, unless
there is a bona fide occupational qualification for such preference,
limitation, specification or discrimination.
3. An employer, union, employment agency,
newspaper or other publication may, and is encouraged to, make an inquiry of
the Commission as to whether protected class is a bona fide occupational
qualification for a particular job opportunity which they intend to publish,
print or circulate or cause to be published, printed or circulated. The
Commission shall, as soon as possible, give informal opinions in response to
such inquiries.
An informal opinion rendered orally or in writing by the
Commission prior to the publication of any advertisement in response to such an
inquiry shall not be binding upon the Commission, provided that, in any
subsequent civil action initiated by the Commission, any person's justifiable
reliance upon the ruling shall be considered in mitigation of any civil penal
damages or punitive damages sought by the Commission.
A newspaper or other publication shall not be in violation of
this section where it has accepted any specific advertisement in good faith and
in reasonable reliance upon the representations of the person placing the
advertisement that they have obtained from the Commission an opinion that there
is a bona fide occupational qualification for the specific job advertised
together with the identification number of that opinion.
4. It is not unlawful for employers engaged
in corrective employment programs, or employment or referral agencies, to print
or cause to be printed any advertisement which encourages applications from
persons who are members of classes protected by the Act. The term "corrective
employment program" means any affirmative action or other remedial program
designed to increase the number of protected class employees in any industry,
occupation, or place of work in order to correct the effects of past limited
employment opportunities for members of the protected class. All advertising
may include positive statements such as "We hire people with disabilities" or
"We are an Equal Employment Opportunity Employer."
