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How unfair discrimination affects recruitment and why you MUST avoid it

by , 21 May 2014
Meet Tim, he's a business owner. He's not very happy because he has to go to the CCMA this month. A job candidate he interviewed is accusing him of unfair discrimination.

The candidate didn't get the job and he believes it's because Tim unfairly discriminated against him.

If only Tim had known more about unfair discrimination beforehand he could have avoided all of this.

Make sure you know all about discrimination so you don't join Tim at the CCMA...

Are your rights and obligations as an employer stipulated in the Basic Conditions of Employment Act and the Labour Relations Act a bit blurry?
Get rid of the fear of being wrong when it comes to your employees! 
With more than 500 pages in the original binder, Labour Law for Managers covers all aspects of employee-employer relationship, down to the smallest details. 

What is unfair discrimination?

According to the Employment Equity Act (EEA) and the Basic Conditions of Employment Act (BCEA), when it comes to recruitment, unfair discrimination happens when you treat a job candidate unfairly or differently. 
For example if Tim asked the job candidate about his religion, he opened himself to an unfair discrimination charge. Because Tim didn't give the candidate the job, the candidate believes Tim discriminated against him because of his beliefs. And that's why Tim's now at the CCMA. 
So even though Tim might not have actually discriminated against the candidate, he asked the wrong interview question about personal information which the candidate interpreted as discrimination. 
So here's what you should do when conducting an interview to avoid this interview mistake.
Your labour consultant could be wasting your money…
Don't get me wrong. Labour consultants are good to have and they definitely can help you out of an employment jam. But when it comes to employment contracts, company policies and procedures and disciplinary procedures and forms, why waste your money when you could have all of these at your fingertips, in a standard format, with your company logo on it?

Avoid unfair discrimination by asking the right interview questions

The Practical Guide to Human Resources for Managers says your interview questions must always be:
- Job related;
- Based on an inherent requirement of the job; and
- Asked to gain an understanding of the person's ability to perform the job.
It also advises you to keep a record of the questions asked in an interview. This will help you prove your questions followed these rules and you didn't discriminate.
Bottom line: Discrimination is no joke and the CCMA takes all cases of it very seriously. So remember these rules to ensure your job candidates don't catch you out.
PS: For more on questions you must avoid at all cost check out this article

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