Staffing and HR: the numbers, the rules, the AI picture.

• Title VII section 704(b), the ADEA and the ADA: discriminatory job advertising

  Section 704(b) of Title VII bars employers and employment agencies from publishing a job ad that indicates a preference based on race, color, religion, sex or national origin. A narrow exception exists for bona fide occupational qualifications. The EEOC says ads also may not show a preference for or discourage applicants by age (40 or older) or disability.

  What it means: Title VII defines an employment agency as anyone who regularly procures employees for employers, paid or not, so recruiters are covered directly. The EEOC gives the example of an ad seeking recent college graduates, which may discourage people over 40. Review job titles, ad copy, images and audience targeting for words like young, energetic or digital native. Word-of-mouth recruiting can also violate the law, per the EEOC.

  [10] eeoc.gov

• State pay transparency laws: California, New York, Washington and Illinois

  California Labor Code 432.3 requires employers with 15 or more employees to include a pay scale in job postings. If they use a third party, the third party must include it. New York Labor Law 194-b names employment agencies and recruiters and requires a pay range in ads. Washington's RCW 49.58.110 covers postings made directly or through a third party. Illinois' Equal Pay Act FAQs say an engaged third party may be liable.

  What it means: Never publish a client's role without its pay range, even if the client forgot to send it. California's Labor Commissioner says a link or QR code does not satisfy the rule, and the rule reaches remote roles that could be filled in California. Washington also requires a general description of benefits. Illinois applies to postings made or republished after January 1, 2025. Build the range into your job intake form so a post cannot go live without it.

  [11] dir.ca.gov

• Colorado Equal Pay for Equal Work Act, Part 2: pay, benefits and an application deadline

  Colorado's INFO #9A (last updated May 29, 2024) says every job posting must include the pay rate or range, the benefits, and how and when to apply. The range cannot be open-ended, such as $30,000 and up. A good-faith application deadline is required, and open until filled is not compliant. Evergreen roles must say applications are accepted on an ongoing basis.

  What it means: Colorado is stricter than most states on deadlines, so a staffing job board needs a deadline field and an evergreen flag. INFO #9A says a site that only posts another employer's job is not covered, but the employer is liable for posts it has another party make. Where your firm is the employer of record, treat the post as your own. Confirm the position for your model with counsel.

  [5] cdle.colorado.gov

• Google JobPosting structured data and Google for Jobs content policies

  Google's job posting documentation (updated September 8, 2026) allows JobPosting markup only on a page with a single job posting, on the same page job seekers read. It prohibits postings that require payment from applicants, fake jobs, misrepresentation and keyword stuffing. It bans promotional content disguised as a job posting and expired postings. Violations can lead to a manual action that removes postings from Google's job search experience.

  What it means: Mark up each live job page with [[json-ld]], not your category or search pages. Remove filled jobs or set validThrough to a past date. Use confidential as the hiring organization name when a client wants anonymity. Google says only employers can provide baseSalary, and it must be the actual salary, not an estimate. Google recommends its Indexing API over sitemaps for job URLs because it prompts faster crawling.

  [12] developers.google.com

• FTC: job scams, candidate fees and the Consumer Reviews and Testimonials Rule

  The FTC's job-scam guidance tells candidates that honest placement firms do not typically charge them a fee, and that big earnings for little work almost certainly signal a scam. Separately, the FTC's reviews rule, effective October 21, 2024, bans fake reviews and buying reviews conditioned on sentiment. It also bans undisclosed insider reviews and review suppression, and courts can impose civil penalties for knowing violations.

  What it means: Say plainly on your site that candidates never pay you, if that is true. Do not publish earnings claims for gig or commission roles that a typical worker would not reach. Do not ask recruiters to post candidate or client reviews without disclosure, and do not gate review requests to happy placements only. The rule covers reviews of a product, service or business, so staffing firms are not exempt.

  [13] consumer.ftc.gov

• Fair Credit Reporting Act: background checks

  The FTC says an employer that uses a consumer report for an employment decision must first give a written disclosure in a stand-alone document, not inside the application. It must also get written authorization. Before adverse action it must send a copy of the report and a summary of rights. After adverse action it must send a notice with the reporting company details and dispute rights.

  What it means: If your marketing says candidates are background-checked, the process behind it must follow the FCRA. Never bury the disclosure in an online application form or a long consent block. Keep the screening claim on your website accurate: name what you check and when. Have counsel review state and city rules on criminal history, which add steps the FTC page does not cover.

  [14] ftc.gov

• TCPA and FCC rules: recruiting calls and texts

  The FCC says an autodialed or prerecorded call or text to a wireless number needs the person's prior consent, oral or written. Commercial texts require written consent, while informational texts may rely on oral consent. Prerecorded telemarketing calls need prior written consent, which can be given through a website form. People may opt out at any time and in any reasonable manner.

  What it means: Put a clear, separate texting consent on your application and contact forms, and store proof of it. Honor stop requests across every recruiter and tool. Whether a given recruiting text is commercial or informational is a legal question, so get counsel to classify your campaigns. Mass texting purchased lists is the fastest way to lose both compliance and candidate trust.

  [15] fcc.gov

• New York City: employment agency licensing and Local Law 144 on AI hiring tools

  New York City requires an Employment Agency license from DCWP to provide job assistance for a fee. It exempts staffing firms that are the W-2 employer, and employer-fee-paid agencies that place only commercial, clerical, executive, administrative or professional workers. Separately, Local Law 144 bars employers and employment agencies from using an automated employment decision tool without a bias audit within the prior year.

  What it means: Check whether your model needs a license in each city and state you recruit in; outside the city, New York State directs agencies to its Department of Labor. Under Local Law 144, publish the bias audit summary and give candidates notice 10 business days before using a covered tool. DCWP began enforcing on July 5, 2023. If your site promotes AI matching, make sure the compliance work exists first.

  [16] nyc.gov

• Canada (Ontario Employment Standards Act) and the UK (Conduct Regulations 2003)

  From January 1, 2026, Ontario employers with 25 or more employees must state expected pay or a range in public postings, with ranges capped at $50,000 a year. Postings must also say whether AI screens applicants and whether a vacancy exists. Canadian experience requirements are banned. In the UK, regulation 27 requires agency ads to state the firm's full name and whether the work is temporary or permanent.

  What it means: Ontario's guide says the employer stays responsible when a third party advertises the role, and a temporary help agency counts its own assignment employees. Interviewed applicants must hear about a decision within 45 days. In the UK, an agency may not advertise a vacancy without the hirer's authority. Pay rates in a UK ad must come with the nature of the work, the location and the minimum qualifications.

  [17] ontario.ca

This is general information about marketing and hiring rules, not legal advice. Employment, licensing and pay disclosure laws differ by state, city, province and country and change often. Check the current rules with employment counsel or your regulator before publishing job ads or running recruiting campaigns.