Impact assessment :

1. Impact assessment : review of equality policies in human resources in the French Public broadcasting

2. An experience in impact assessment First impact assessment of equality and anti-discriminations policies in human resources Case study : The public broadcasting service A significant step for HALDE   • Our very first audit on equality and anti discrimination policies • Under the request and authority of the Parliament

3. Challenges • Elaboration of an evaluation frame taking into account  : • Anti discrimination legislation • 2009 French Act on public broadcasting • Privacy and personal data protection legislation • Test of an audit method, transferable to other large firms • Construction of a partnership towards progress with the 3 public companies under review

4. Context and constraints • Parliament request • Part of the new Act on Public Radio and Television (march 2009), which states that the public brodcasting sector should « reflect the diversity of French society »in program as well as in the workforce • Concerned the HR policy of  : • France Télévisions (11 500 employees) • Radio France (4700 employees) • Société pour l’audiovisuel extérieur de la France (2000 employees) • Limited means (support from 2 independent experts) • Schedule : 5 months • Existing legal and constitutional constraints regarding the measurement discrimination, in particular ethnic and racial (NB : it can be done, under certain conditions !)

5. A 2 way approach • Global review of HR procedures and processes  : • Questionnaire sent to HR executives • Crossed with a review of the data collected through the HR information systems • 80 interviews • Survey within employees on their professional evolution and their perception of discrimination in the work place.

6. Evaluation framework (1/3) Action against discrimination : what compliance with the legislation ? • Assessment of the situation  : • Review of HR processin order to establish whether they are : A. formalised and traceable B. not discriminatory • Evaluation of the equality of treatment amongst employeescomparison between salaries and professional evolution according to available data (for grounds such as : age, gender, handicap, place of birth/nationality, children, labour union activities) • Assessment of the impact of HR decisions using available data, with a focus on certain groups • Survey within employees on their professional evolution according to origin, and on their perception of discrimination • Complementary observations analysis of internal « whistle-blowing » type appeals or reports

7. Evaluation framework (2/3) Action against discrimination : what compliance with the legislation ? • Establish a comprehensive strategy for action, with objectives and a timetable • Enhance quality in HR process • Eliminate salary inequalities • Set objectives to restore equal treatment • Put it in practice : means, commitments, timetable, communication • Assess results

8. Evaluation framework (3/3) General and specific actions to promote equality • Training for all employees • Specific positive actions : legal requirements and voluntary • Implementation of legal obligations to set out actions for women, senior employees, handicapped workers • Quality of content of agreements reached with labour unions, and of action plans : creative and efficient solutions, adequate means • Strategy established, put in practice, assessed

9. Survey within employees (1/2) • Methodology : • Strict compliance with law on data protection : anonymity, voluntary consent • conducted by INED (The French National Institute for Demographic Studies) : a scientific guarantee • only two (out of three) firms were subject to survey • Tight schedule • automatic questionnaire via internet • consultations beforehand within each firms with executives accountable for HR and labor unions ; the importance of dissemination and communication

10. Survey within employees(2/2) • Main results : • 9% respondents : not representative (an indication of the unions’ lack of interest ?) • salary disadvantage for women (-12% to 18%) • indications of salary disadvantages for immigrants (more difficult to establish) • reports of alarming cases of discrimination or harassment • From the point of view of method • the questions asked on ethnic origin were accepted (descent, perception of discrimination) • necessary conditions of success to be taken into account

11. Main conclusions of the HALDE report (1/4) • French public broadcasting companies should be exemplary, a principle set by law • In fact, the investigation showed that the situation in these firms is certainly no better than that in most large firms • There lacks a comprehensive and engaging strategy • This is partly due to the fact that these firms were also given an HR objective to cut down workforce and reduce the amount of unstable employment • These firms should be given the means to engage in ambitious policies, in order to “tend towards diversity” as the law prescribes. • The anti-discriminatory compliance approach has yet to be implemented • Positive actions, even when obligatory, are not sufficient

12. Main conclusions of the HALDE report (2/4) • Gender inequalities : little is done to reduce identified salary differences, or to correct fact under representation of women in some lines of work (+ 80% men in technical jobs) • Senior employees : Present agreements and procedures tend to encourage early retirement, which is contradictory with attention to encouraging professional opportunities for this group. • Social and ethnic diversity: a few interesting initiatives were taken such as targeting young people from socially disadvantaged backgrounds for internships, or short time missions. Not a single one was given a permanent job. • Handicap : The 3 firms under review, far from being exemplary, are well under the national objective of 6% handicapped workers in the workforce. • No whistle blowing procedure, while many (individual) cases of discrimination, some alarming, were reported through the investigations

13. Main conclusions of the HALDE report (3/4)

14. Main conclusions of the HALDE report (4/4) • Main recommandations • Engage in a coherent and dynamic strategy : the recommendation is relevant for political authorities, executives of the 3 firms, labour unions • A pressing necessity to comply with the law regarding obligations regarding women, senior employees and handicapped workers (obligation to lead negociations on these issues once a year). Regarding senior employees, the obligation entails reaching an agreement by 1st January 2010 • A collective agreement for the entire radio and television sector is currently being negociated : special attention must be paid to discrimination issues ; HALDE should be consulted in the process • Many specific recommendations were made concerning positive actions for women, senior employees, handicapped workers (for instance : unequal salaries for men and women) ; it was also recommended to establish a precise and documented overview of discrimination

15. Challenges encountered • In such a tight schedule, it was difficult to gather relevant information, and conduct all necessary verifications, in particular statistic treatments • though the 3 firms’ executives complied with HALDE’s demands, the information and data they were able to refer was limited and of poor quality • lack of interest (latent hostility ?) on the part of trade unions • the particular constraints of the survey

16. Experience gained and follow-up • As a result, HALDE has now elaborated an evaluation framework, which is endorsed by its council, and a method for auditing a large private firm : it remains to be tested again ! • An opportunity to work out a functional definition of the principle of “diversity” : not a target in itself, but a general direction for action that must be based on anti-discrimination and equality promotion for functional action plans and objectives • A dynamic was engaged with the 3 firms under review, to be followed-up