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Five lesser-known discriminatory practices you must avoid when recruiting

by , 14 October 2014
When it comes to recruitment, you know there are certain discriminatory selection practices you must avoid.

Avoiding discrimination against applicants on these grounds quickly comes to mind:

• Race;
• Gender;
• Religion;
• Sexual orientation; and
• Age.

But there are five other lesser-known discriminatory practices you must avoid when recruiting. And we're going to tell you what they are so you won't find yourself on the wrong side of the Employment Equity Act (EEA).

 
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To avoid finding yourself on the wrong side of the EEA, avoid these five lessor-known discriminatory selection practices
 

The Labour Law for Managers Loose Leaf Service says you mustn't discriminate applicants based on:
 
1. Political opinion
 
If you're an African National Congress (ANC) supporter, you can't discriminate against someone who supports the Economic Freedom Fighters (EEF) or the Democratic Alliance (DA).
 
2. Trade union affiliation

You deny a person a job because he belongs to a trade union or says he wants to join a union.
 
3. Family responsibility
 
Discriminating against a candidate because he has family obligations is unfair. In the screening process, don't ask about the applicant's family responsibility – focus on if he can do the job.

4. Conscience
 
You can't, for example, reject an application from someone who's an anti-war protestor because you manufacture weapons.
 
5. HIV status
 
You can't turn down an applicant because he has AIDS, unless you can prove he's likely to transmit the illness to other employees in the course of the work. (But, there are extremely few jobs where this is possible.)
 
Now that you know about these discriminatory practices, avoid them at all costs when recruiting employees so you don't find yourself on the wrong side of the EEA.
 
PS: To ensure every step of your recruitment is legal and effective, we sternly recommend you check out Recruitment: The Complete Guide.
 



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