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The Legal Aspects & Cultural Factors

Apply Equal Opportunity, Affirmative Action and ethical Principles to all Aspects of Recruitment and Selection. The Legal Aspects & Cultural Factors. What person will I select?. OHT 2.01(a). DISCRIMINATION. Treating one person disadvantageously to another. OHT 2.02(b).

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The Legal Aspects & Cultural Factors

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  1. Apply Equal Opportunity, Affirmative Action and ethical Principles to all Aspects of Recruitment and Selection The Legal Aspects & Cultural Factors What person will I select?

  2. OHT 2.01(a) DISCRIMINATION • Treating one person disadvantageously to another.

  3. OHT 2.02(b) NSW ANTI-DISCRIMINATION ACT 1977 • The following types of discrimination are against the law in NSW: • Sex • Race • Age • Martial Status • Homosexuality • Disability • Transgender • Who you are related to, or who you associate with

  4. Sex 281 OHT 2.02(c) Race 266 Disability 207 Victimisation 116 Age 89 Homosexuality 65 Marital Status 30 Transgender 46 HIV/AIDS 3 Compulsory retirement 1 Other 73 Unknown 73 Complaints received by the ADB 1998-1999

  5. OHT 2.02 Equal Employment Opportunity • EEO is a policy stating that all personnel activities will be conducted so as to ensure… people with equal probability of job success have equal probability of being hired for or promoted to the job EEO

  6. OHT 2.03 Why have an EEO policy? • Economic efficiency • Effectiveness of administration • Social justice • Freedom of choice • To meet legislative requirements

  7. OHT 2.04 Affirmative Action • Affirmative Action is the development of management programs and initiatives, assisted by legislative reform, design to achieve demonstrable progress towards equal employment opportunity AA

  8. OHT 2.05 Privacy Guidelines • Data collected by employers and employment agencies should be strictly relevant for the purposes of the job and should not be misused. • Data collected should be current and be validated wherever possible with applicant or employee • Information about unsuccessful job applicants should be destroyed or stored in such as way as to provide complete confidentiality

  9. OHT 2.06 Occupational requirements which justify discriminatory recruitment • Employers can discriminate in some circumstances • a male actor to play a male part • A person under the age of 21 to do a ‘junior’ job • A women to clean female toilets while women are likely to be using them • A person of particular ethnic group to provide certain welfare services for that ethnic group. • Jobs that involve body searches • A job requiring an employee to live in premises provided by the employee which are not equipped with facilities for both sexes and it is unreasonable to expect the employer to provide such facilities

  10. OHT 2.07 EEO Issues in interviews • Ask only job related questions • Avoid stereotyped assumptions • Use culturally inclusive language • Accommodate applicants with disabilities • Do no patronise

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