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What are the criteria to avoid? How to write a good job offer? It is often difficult for employers to protect themselves against discrimination in hiring.
Criteria to avoid:
The recruitment decision must not be based on criteria deemed discriminatory by law. It can be gender, ethnic origin, origin or sexual orientation.
Prove your good faith:
It is up to the applicant to prove that they were discriminated against during their job interview. The employer can then demonstrate and justify that the recruitment was carried out according to objective criteria. He can then establish a recruitment grid where he has entered the criteria for his decision (diploma). This will serve as evidence if the employer is accused of hiring discrimination.
How to write a job offer :
Avoid questions related to discriminatory criteria, such as gender and genetic characteristics, and only ask questions related to professional qualifications and relevant to the position offered.
“Permissible” discrimination
The employer must justify that the recruitment criteria were used for a legitimate purpose (eg: seeking a facilitator or not). In this case, the law authorizes the use of criteria normally prohibited.
Monitoring and analysis of recruitment data
Regularly tracking and analyzing recruitment data, such as candidate demographics and hiring results, can identify potential disparities and areas for improvement. Data analysis allows organizations to identify any patterns of discrimination and implement corrective action if necessary.
Promote diversity and inclusion initiatives
Organizations committed to non-discriminatory recruiting must actively promote diversity and inclusion initiatives. These initiatives may include partnering with various recruiting sources, participating in career fairs targeting underrepresented groups, or creating mentoring programs to support diverse talent.
Provide anti-discrimination training
Mandatory anti-discrimination training for all employees involved in the recruitment process is crucial. Such training raises awareness of unconscious bias, educates staff on legal requirements, and equips them with tools to recognize and mitigate bias in recruiting.
DAMY law firm , Nice, Labor Law-Discrimination, Update 2022
