We all know that discrimination, when recruiting, is frowned upon in the workplace. But that doesn't stop employers from testing their luck!
Unfortunately for them, they often end up in the CCMA having to pay as much as 24 months' salary to employees they didn't even hire! Which just goes to show that trying to fool the law really doesn't pay off.
Having said that, here are the 2 most common discrimination tactics some employers use to quietly discriminate against employees.
Avoid them at all costs...
Discrimination tactic#1: Pension fund traps
The A-Z of legal recruitment
Did you know there are 11 legal requirements for recruitment?
Do you know how the Employment Equity Act affects your job advertisement?
Do you know what checks you can legally conduct on an applicant?
Are you sure your employment contract includes the 16 clauses the law says you must have?
If you don't have all of these aspects correct, you'll be on the wrong side of the law when it comes to your recruitment process.
Some employers who, for example, only wish to hire white applicants, will trick potential black employees through pension fund traps.
Here, they'll offer weekly paid jobs to black employees, while only offering pensions to monthly paid employees.
This is a very dangerous practice and should be avoided.
Discrimination trap#2: Discriminatory dress requirements
Some employers test their luck by demanding employees to dress in a way that reveals certain parts of the body. Parts that may be prohibited in various religions and belief systems.
For example, requiring an employee to wear a uniform that reveals the legs may prevent any Muslim employees from applying for the job.
The problem here comes from the fact that the employer must have really good, and practical, reasons to prove that such a uniform is an inherent requirement of the job.
This is something that many employers can't do, which exposes veiled discrimination. So be very cautious with this practice.
Even if you don't intentionally implement discriminatory practices in the workplace, you still won't be shielded from strong legal action. So be careful!
To ensure that you're fully compliant with all legal issues regarding recruitment, and to avoid discriminating against any potential candidates, page over to R 02: Recruitment – How to avoid unfair discrimination
in your Labour Law for Managers
If you don't already have it, click here
to order your copy today.