Section 348-3-5 - JOB ADVERTISING1.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."