(1) Recruitment. The provisions of section 11016(a) are applicable and are incorporated by reference herein. Generally, during recruitment it is unlawful for employers to refuse to consider applicants because they are age 40 and older. Examples of unlawful requirements include: a maximum experience limitation; a requirement that candidates be “digital natives” (individuals who grew up using technology from an early age); or a requirement that candidates maintain a college-affiliated email address. However, it is lawful for an employer to participate in established recruitment programs with high schools, colleges, universities and trade schools. It is also lawful for employers to utilize temporary hiring programs directed at youth, even though such programs traditionally provide disproportionately few applicants who are age 40 and older. However, exclusive screening and hiring of applicants provided through the above recruitment or temporary programs will constitute discrimination on the basis of age if the programs are used to evade the Act's prohibition against age discrimination.

(2) Advertising. It is unlawful for an employer to either express a preference for individuals under 40 or to express a limitation against individuals age 40 and older when advertising employment opportunities by any means such as the media, employment agencies, and job announcements.