“I am looking for a secretary, pretty, competent and obedient. Age - the younger, the better. Married, divorced, and not to worry with children, ”was written in one sensational secretary's vacancy (not on hh.ru). As practice shows, there are conditions about which everyone understands that this is discrimination, and there are conditions in which many employers do not see "nothing of the sort", although they also fall under the prohibition of discrimination. We have compiled a memo from examples of what cannot be indicated in vacancies.
Which conditions are discriminatory, which are not
Discriminatory conditions - this is a direct or indirect restriction of rights or, conversely, the provision of benefits depending on any circumstances not related to the business qualities of the employee.
In case of doubt whether this or that condition is discriminatory, ask yourself whether it is a business quality and whether it is directly related to the job function. Personal preferences and stereotypes of the leader, the particulars of the team and any wishes beyond purely business qualities (“we are so comfortable”, “we are so used to it,” “it is so customary with us”) - all this can be recognized as discrimination.
Administrative and even criminal liability has been established for the distribution of vacancies that contain discriminatory restrictions.
Gender, race, color, nationality, origin, property, family, social and official status, age, place of residence, religion, beliefs, belonging or not belonging to public associations or any social groups - all these are not business qualities.
For example, in terms of the employee’s appearance, the employer can only demand compliance with the dress code, and then if it is prescribed in the internal labor regulations. Explanation of other requirements, for example, the high prestige of the company, the dependence of sales success on the attractiveness of the seller’s appearance, the special corporate values of “sports, healthy nutrition”, does not save from allegations of discrimination.
Which conditions are discriminatory, which are not
Discriminatory conditions - this is a direct or indirect restriction of rights or, conversely, the provision of benefits depending on any circumstances not related to the business qualities of the employee.
In case of doubt whether this or that condition is discriminatory, ask yourself whether it is a business quality and whether it is directly related to the job function. Personal preferences and stereotypes of the leader, the particulars of the team and any wishes beyond purely business qualities (“we are so comfortable”, “we are so used to it,” “it is so customary with us”) - all this can be recognized as discrimination.
Administrative and even criminal liability has been established for the distribution of vacancies that contain discriminatory restrictions.
Gender, race, color, nationality, origin, property, family, social and official status, age, place of residence, religion, beliefs, belonging or not belonging to public associations or any social groups - all these are not business qualities.
For example, in terms of the employee’s appearance, the employer can only demand compliance with the dress code, and then if it is prescribed in the internal labor regulations. Explanation of other requirements, for example, the high prestige of the company, the dependence of sales success on the attractiveness of the seller’s appearance, the special corporate values of “sports, healthy nutrition”, does not save from allegations of discrimination.
No comments:
Post a Comment