How to avoid discrimination
How to avoid discrimination
It’s important to keep things equal and fair when posting ads on the site. Especially when posting ads in Jobs, Property and Services. We try to avoid discrimination by following the guidelines set by the Equality & Human Rights Commission (EHRC).
Sometimes while writing up an ad, you may unconsciously ask for something that may seem discriminative to others. On this page you’ll find some examples of ads people ask to post on the site, and if they’re allowed or not.
1) Can a modelling agency advertise for children, teenagers or female models?
It depends on why the agency wants only children, or only women. For example, if it’s for reasons relating to authenticity then this is fine. When asking for specific people like this in your ad, it’s always best to include why.
2) Can a building contractor advertise for male manual labourers?
There’s no justification for restricting the role to men and this isn’t something we would allow on an ad. If the role requires heavy lifting, for example being able to lift bags of cement, that should be stated as part of the role in the ad.
3) An employer is asking for English native speakers or English as a main language. Can they do this?
No. An employer can specify in the ad that good spoken English is required, because it’s a job requirement (like needing to relay information clearly). An ad can specify the level of a language required (native level, intermediate level, etc.). If specifying a level, then there needs to be a justification.
4) Can a faith based care home advertise for carers of a particular faith?
This would be lawful if the care home can show that being of a particular faith is a genuine occupational requirement, as they are required to carry out their duties in a way that fulfils both the physical and spiritual needs of its patients. This would need to be explained clearly in the ad in order to be allowed.
5) A self-employed woman wishes to hire mobile tanning equipment to other women for them to set up in business. Is this lawful?
There’s no justification for restricting a business opportunity to women only. Men should also be able to hire the equipment as well. This wouldn’t be allowed on Gumtree.
6) Would a beauty salon be able to advertise for female masseurs?
This service involves intimate physical contact between a client and the masseur. In these circumstances the Equality Act provides that gender can be restricted, where a client may reasonably object if the masseur is of the opposite sex. So a beauty salon would be able to justify restricting the role to either a female or male depending on who they’re offering the service to. With this in mind, we allow ads of this nature to specify gender.
7) Can a gentlemen’s club restrict an ad for a bar tender to women only?
A private club can restrict its membership, but it can’t restrict its job opportunities. Ads like this aren’t allowed on the site.
8) Can an employer restrict a role to a particular religion or belief?
Employment can, in limited situations, be restricted by religion or belief. An example might be for a school chaplain to be Christian, or in the Islamic religion for a halal butcher to be Muslim. When deciding if there’s an occupational requirement, it’s necessary to consider the nature of the work and the context in which it is carried out. Any restrictions need to be clearly explained and justified in order to be allowed on the site.
9) Can an employer advertise for a young active person?
No; this would be discriminatory on the grounds of age and possibly disability.
10) Can a single sex boy’s school advertise for a male science teacher?
Employment can be restricted on the grounds of gender where it’s a genuine occupational requirement. In this case, there is unlikely to be a justification to restrict the role of a maths teacher by gender. The only justification would be if pastoral care for the boys was involved and there was no one else who could provide this pastoral element.
11) Would a beauty salon be able to advertise for gay masseurs?
There’s no genuine occupational requirement for sexual orientation and so there wouldn’t be any justification to require a gay masseur for a beauty salon. This wouldn’t be allowed on Gumtree.
12) Is it lawful for landlords to advertise for a particular nationality?
Accommodation can’t be restricted by race or ethnicity even when the owner lives on the premises. This wouldn’t be allowed on Gumtree.
13) Is it lawful to advertise accommodation for a particular gender, age group, sexual orientation or religion?
Landlords and letting agents aren’t allowed to state any preference on race, religion, sexuality, gender, disability, etc. This isn’t allowed on Gumtree.
Housemates are allowed to state a preference (excluding race) but need to explain why. If an ad says ‘Muslim only’ or ‘women only’ then it won’t be allowed on Gumtree. If an ad states ‘Muslim preferred – we are a Halal household’ then this is fine, as they’ve stated their preference and offered a justification.
14) Can a woman with caring requirements request a female live in carer?
When it’s a live in position involving the sharing of the home owner’s facilities (like the bathroom and kitchen) it would be acceptable under the Equality Act 2010. Therefore this is allowed on Gumtree.
15) Can a man or woman with caring requirements stipulate the gender of the person they want to care for them? (Not live in)
Generally you can’t request a person of a particular gender to provide the care. Where the service involves personal intimate care an exception may apply. However, if the carer was there to clean, provide meals or get shopping for the person they wouldn’t be able to state the gender of the carer. There can’t be an exception for nationality or religion. Gumtree allows the gender to be restricted when it’s justified only.
16) Is it lawful to advertise accommodation for vegetarians?
There is no legislation to protect vegetarians or non-vegetarians, so an ad posted by housemates looking for 'vegetarians only' would be lawful and is therefore allowed on Gumtree.