When advertising a position, consider two important aspects of any proposed advertisement:

• Does it avoid references that would contradict an at-will employment relationship?
• Does it comply with all state and federal anti-discrimination laws and other laws relating to hiring?

Always consider discrimination laws when placing a job advertisement. For more information on discrimination laws, see Discrimination.

• Recently revised FEHA regulations address the use of automated decision systems (ADS), including artificial intelligence (AI), in employment practices, clarifying that it's unlawful for an employer or other covered entity to use ADS that discriminates against an applicant or employee on the basis of any FEHA protected characteristic.1 For example, if an employer uses an ADS/AI tool to direct job advertisements to targeted groups, the practice could potentially have a disparate impact in violation of FEHA. Employers should carefully consider whether to use ADS/AI tools for job advertisements or any other employment practice and consult with legal counsel to help ensure compliance

For more information, see FEHA - California's Fair Employment and Housing Act.

Advertisements and Employment At-Will

California’s Labor Code specifies that an employment relationship with no specified duration is presumed to be employment at-will.2 This means that the employer or employee can terminate the employment relationship at any time, with or without cause and with or without notice.

Over the years, California courts and the Legislature have created exceptions to California’s at-will presumption. Even where you make no written or oral contract specifying the duration of employment, various factors, including employment advertisements and applications, could create an implied contract.

For example, courts can find an implied contract if an employment advertisement describes a secure position or asks for candidates willing to make a long-term commitment to the organization. Avoid using language in advertisements that suggests an employment agreement or implied contract, such as “seeking a long-term employee” or “looking for someone who can grow with the organization.”

When hiring, you may also want to consider relationships other than regular, direct employment, such as personnel provided by temporary or staffing agencies. Create these relationships carefully to avoid unanticipated liabilities and penalties. For more information, see Types of Worker.

• Recently revised FEHA regulations address the use of automated decision systems (ADS), including artificial intelligence (AI), in employment practices, clarifying that it's unlawful for an employer or other covered entity to use ADS that discriminates against an applicant or employee on the basis of any FEHA protected characteristic.3 For example, if an employer uses an ADS/AI tool to direct job advertisements to targeted groups, the practice could potentially have a disparate impact in violation of FEHA. Employers should carefully consider whether to use ADS/AI tools for job advertisements or any other employment practice and consult with legal counsel to help ensure compliance.

For more information, see Automated Decision Systems and Artificial Intelligence in FEHA - California's Fair Employment and Housing Act.

Bona Fide Occupational Qualifications in Hiring

A bona fide occupational qualification (BFOQ) is a characteristic employers are allowed to consider when making hiring decisions, even though these characteristics would be considered discriminatory in other contexts. For example, a religious school can require that teachers be members of the school’s religion but religion wouldn’t be a BFOQ for a dentist’s office manager position.

• A BFOQ based on a protected class is extremely rare. Always consult legal counsel before listing a protected class, such as gender or religion, as a job requirement.

The words you use in a job advertisement or internal job posting can be used against you by a member of a protected class who’s not selected for the position. Don’t use any terms that might imply a preference for or prejudice against anyone unless there’s a BFOQ inherent in the job.

For more information, see Bona Fide Occupational Qualification as a Discrimination Defense.

Pay Scale Information in Advertisements

Employers with 15 or more employees must include in any job posting the pay scale information for a position, which is the salary or hourly wage range that the employer reasonably expects to pay for the position.4

• Effective January 1, 2026, California revised the definition of pay scale to mean a “good faith estimate of the salary or hourly wage range that the employer reasonably expects to pay for the position upon hire.”5

If an employer uses a third party to “announce, post, publish or otherwise make known a job posting,” the employer must provide the pay scale to the third party, who must include it in the job posting.

Failure to provide the required pay scales on job postings could result in civil penalties.6

The California Labor Commissioner’s California Equal Pay Act guidance website has FAQs addressing pay scale disclosure requirements. The guidance isn’t binding law but can be helpful in compliance efforts.

Appropriate Language in Advertisements

When drafting a job posting, avoid language indicating limitations or exclusions on the basis of any protected status such as race, color, national origin, religion, sex, gender, gender identity, gender expression, pregnancy, age, marital status, veteran or military status, sexual orientation, reproductive health decisionmaking or disability. The following table gives examples of language to use and avoid.

• You can use terms such as “experienced,” as these don’t discriminate against those protected by age discrimination laws.

Regarding age, FEHA regulations specifically limit the language that can be used in recruiting and advertising, prohibiting anything that a “reasonable person would interpret as deterring or limiting employment of people age 40 and over” unless age is a bona fide occupational qualification for the position (for more information, see Bona Fide Occupational Qualification (BFOQ) as a Discrimination Defense. For example, employers can’t include maximum experience limitations and may not use terms like “recent college graduate” or “digital native,” which implies the person grew up using technology.

Additionally, California’s Fair Chance Act prevents employers from asking job applicants about criminal history before making a conditional offer of employment. California Civil Rights Department regulations specify that this includes a prohibition on statements in job advertisements to the effect that no persons with criminal history will be considered for hire, such as “No Felons” or “Must Have Clean Record.” For more information, see Restrictions on Obtaining Criminal History.

Advertisements and Disabilities

Employers must consider applicants with or without disabilities or perceived disabilities on an equal basis. Employers may not advertise an employment benefit in any way that may discourage applicants with disabilities from applying.

Employers are increasingly using technology in recruiting and hiring, but employers must do so with caution. Using automated-decision systems, artificial intelligence (AI), software applications and algorithms in employment-related decision making could violate the Americans with Disabilities Act (ADA) and the FEHA. Some algorithmic tools, e.g., chatbots, might screen out individuals with disabilities. For example, a chatbot might be programmed with a simple algorithm that rejects all applicants who, during their interactions, indicate that they have significant gaps in their employment history. If a disability caused the gap, then the chatbot may function to screen out disabled individuals. Employers may be responsible for using algorithmic decision-making tools even if the tools are designed and/or administered by a third-party vendor.

For more information, see Recruiting and Advertising and Disability Related Inquiries.

Requiring a Driver’s License in Advertisements

California law prohibits employers from listing a driver’s license as a preferred qualification for job candidates in job advertisements unless the employer both:

• “Reasonably expects” driving to be one of the job functions for the position; and
• “Reasonably believes” that using an alternative form of transportation would not be comparable in travel time or cost to the employer.7

The law provides examples of alternative forms of transportation, including using ride hail services, taxis, carpooling, bicycles or walking. Under this new law, even if driving is a job function for the position, employers must consider whether these alternative forms of travel would be sufficient to perform the job duties and may require a driver’s license only if they conclude that the alternative means of transportation would take too much time or be too costly to the employer.

1. 2 CCR sec. 11008.1