Survey shows how easy it is to discriminate in job ads

10 September 2008

A survey of business professionals has found that in the process of placing a routine job advertisement, almost half would have been in breach of anti discrimination laws.

When presented with a choice of alternative language to be used in a recruitment advertisement, 48 per cent of respondents were unable to correctly identify the offending material.

Surprisingly, of those that answered incorrectly, 22 per cent were HR professionals.

“It shows how easy it is to fall foul of the anti discrimination laws in the recruitment market”, said Kelly Services Managing Director, James Bowmer.

“Even seemingly harmless words used in recruitment advertisements can be considered under the law to be discriminatory.

“It is extremely important that anyone engaged in the recruiting process fully understands the anti discrimination laws and how they apply to recruitment”.

Kelly Services asked 220 participants to identify the possibly discriminatory items from a list of seven phrases used to attract job seekers in recruitment advertisements.

The phrases from which they had to choose were:

• Managing Director
• six years’ experience
• proven experience
• office junior
• office assistant
• demonstrated ability
• saleswoman

A total of 48 per cent of respondents failed to accurately identify the three phrases that could be deemed discriminatory - saleswoman, office junior and six years’ experience.

It is not acceptable to use the word ‘junior’ to attract a person of a particular age group except in some defined circumstances.

Similarly, it can be problematic to ask for a particular number of years of experience because such a requirement is likely to favour older or younger age groups.

Sexual discrimination - as in the term, saleswoman, is not permitted, except in circumstances where a person’s gender is a central feature of the job, such as in modelling or entertainment.

Compiling job advertisements can be a perilous activity; not only because of the range of grounds on which it is possible to discriminate, but also because anti-discrimination laws vary across the states. Exceptions to the law also vary by state.

“If employers are unknowingly using discriminatory language in job advertisements, it is not only a turn-off for potential employees, it can also have serious legal consequences.

“There are a range of alternative wordings that can be used to avoid anti-discrimination laws but it is vital that those overseeing the recruitment process understand the law and what is permissable,” Mr Bowmer said.

The survey is part of the ‘Know your staffing stuff’ initiative where managers can test their knowledge around the complexities of selecting, hiring and managing staff. ‘Know your staffing stuff’ can be accessed at www.smartmanager.com.au.

Media contact:
Renata Davis
Foresight Communications
02 9241 2811
0438525413
rdavis@forecoms.com.au