Section 4-502. SPECIFICATIONS IN ADVERTISEMENTS

 

502.1The prohibition on discriminatory employment advertising pursuant to D.C. Official Code § 2-1402.11(a)(4)(B) shall apply not only to the content of individual advertisements, but also to the placement of advertisements in columns classified according to race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities, genetic information, disability, matriculation, or political affiliation.

 

502.2No advertisement, notice, or publication form shall set forth any prima facie discriminatory specification.  The general test of whether the advertisement, notice, or publication form is lawful is whether it contains, either explicitly or implicitly, a barrier to applicants of a particular protected class. For example, a help-wanted ad for a “stenographer under 35,” or for a “bellboy,” or for a “young man,” or for a “young woman” is unlawful.

 

502.3A newspaper or other advertising medium may rely on an employer’s written certification that the job is not covered by Title I of the Act, or is exempt from D.C. Official Code § 2-1402.11(a)(4)(B), because of business necessity.

 

502.4Job titles which indicate a sex preference shall not be used unless based on a business necessity.  When a substitute, non-discriminatory job title is not available, the body of the ad, notice, or form, shall specify that both males and females will be considered for employment, for example, Male/Female, M/F, M-F, Man/Woman or M/W.

 

502.5An employer may lawfully fail or refuse to hire an individual who does not meet the bona fide physical requirements of a job.  However, this action shall be based on the individual’s actual failure to meet the requirement and not on the employer’s assumption that persons of a certain protected class cannot meet the requirements.

 

source

Final Rulemaking published at 56 DCR 006029 (July 31, 2009).