Guidance on discriminatory advertising

10 March 2016

New guidance on advertising has been published by The Equality and Human Rights Commission (EHRC) for employers who place or publish adverts for job opportunities, and those who advertise goods, facilities and services.

Placing or publishing a discriminatory advert is unlawful under the Equality Act 2010. The Act protects individuals from discrimination because of sex, race, disability, gender reassignment, pregnancy and maternity, marriage and civil partnership, religion and belief, sexual orientation and age.

An advertiser is someone who targets potential employees or customers using a form of media to market employment opportunities or their products or services. If you are responsible for creating an advert that reaches the public, you are an advertiser, irrespective of whether you are also responsible for distributing it or publishing it.

This guidance explains what equality law means for advertisers and publishers.

The EHRC also a collection of FAQs which will help to clarify what is lawful and gives advice on best practice.