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Are you making THIS indirect discrimination mistake?

by , 01 September 2014
Indirect discrimination is when you apply factors or criteria which have the effect of unfairly excluding a certain group of applicants, even though they (criteria) may appear to be fair and reasonable at face value.

The tricky part about indirect discrimination is you could be guilty of it without even realising it.
You may think your criteria are fair, but the courts, or even applicants, may think that's not the case.

To make sure you don't find yourself on the wrong side of the law, make sure you're not making this indirect discrimination mistake when recruiting.


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One indirect discrimination mistake you must avoid 


Mistake: Overstating skills

Every employer wants to hire the best person for the job and there's nothing wrong with that.

But the problem comes when employers overstate the level of skills someone requires to do the job properly. This is because they think someone with more skills can do the job better.

This assumption may not be true. Many employees who have higher skill levels than they need, get bored and demotivated quickly. Also, there's no proof that extra skills automatically lead to better performance.

So if you overstate the skills someone needs, you may be discriminating against applicants from disadvantaged groups who have the necessary skills, or the actual or potential ability, in favour of those who have extra, 'nice-to-have' skills.
 
So what's the solution? You need to make sure skill requirements match the actual job requirements. If the difference between the skills someone needs to do the job, and those you use in your selection criteria are too great, an applicant could challenge you and possibly accuse you of unfair discrimination.

There you have it. Avoid this indirect discrimination mistake at all cost when recruiting so you won't find yourself on the wrong side of the law.

For more indirect discrimination mistakes you must avoid, check out the Labour Law for Managers Loose Leaf Service.

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