Check your recruitment policy for these nine points to ensure you don't unfairly discriminate
The Employment Equity Act (EEA) calls on you NOT to unfairly discriminate - directly or indirectly - in your workplace.
Direct discrimination is when you discriminate against people, treat them differently and less favourably because of who they are. Indirect discrimination is when you apply factors or criteria, which, although they may appear fair and reasonable at face value, actually unfairly exclude certain groups of applicants.
Now, unfair discrimination is punishable by severe compensation orders. The courts have the power to order you to appoint the person whose job application you rejected on discriminatory grounds.
Luckily, there's a way to avoid finding yourself on the wrong side of the EEA.
Simply check that your recruitment policy contains these nine points to ensure you don't unfairly discriminate in your workplace.
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Want to ensure you don't unfairly discriminate? Check that your recruitment policy contains these nine points
Your recruitment policy
An explanation of the need to adhere to the policy (fairness and the importance of complying with the EEA);
The list of areas of discrimination;
The list of the four criteria for job suitability (i.e. qualifications, experience, prior learning and potential to acquire the necessary skills);
An explanation of what managers must and mustn't include in job advertisements;
The requirement that interviewers mustn't ask discriminatory and irrelevant questions at job interviews;
The requirement to choose successful applicants on objective merit but with affirmative action targets in mind;
The prohibition of irrelevant credit checks;
The requirement for thorough and relevant reference checks; and
An emphasis on the importance of carrying out valid and relevant tests and the fact that these must be carried out in a consistent and unbiased manner.
Checking that your recruitment policy has these nine points will help ensure you don't unfairly discriminate in your workplace.
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