How would you respond if you were told in the course of your job to advertise a job position, interview and employee a person, but do not hire any XYZ or ABC race person or XY gender.
I know it's illegal, what I'd like to know is how you'd respond - especially if you needed or wanted your job
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04-04-2012 17:43 #1Senior Member
- Join Date
- Oct 2007
Moral, Ethical and legal dilemma
04-04-2012 17:48 #2Senior Member
- Join Date
- Jun 2010
- Sunshine North
I'd be pretty p!ssed off.
I'd run the interviews fairly, put in recommendations based on experience, suitability, etc and let someone else make the final decision. that way you are not legally liable should someone complain about discrimination.
It's a hard one because if you report it you wouldn't (I'm guessing) be able to remain anonymous.
Are you working for a company that has an HR dept you could speak to about it?
04-04-2012 17:49 #3
Lol... I wasn't allowed to hire 'pregnant b!tches', 'fat chicks', 'ugly chicks' or mums.
I felt sorry for every one I hired and happy for every one I didn't.
Our boss was a shallow prick, but in all honesty the people that he excluded would rarely be able to do the job and we'd just be wasting time hiring and training them due to how many other employment laws he was breaking.
Even worse, I actually miss that job?
04-04-2012 17:51 #4Senior Member
- Join Date
- Oct 2009
We have policies governing this at work, as adverts are sometimes dictated to us by our clients.
If this occurs we are to advise the client that we are unable to do that, and explain why. We would then write an advertisement that complied with current legislation, and fully document all discourse through our usual systems.
If a manager or internal staff member were to tell a junior to do this then we would expect that junior to have the same response and, if necessary, they would need to go above the manager's head.
If this happened in a company where the directive was coming from the top, and there was no one I could go to, then I would refuse to do it.
Not only can a company be found liable of discrimination, but an individual employee can too. It would not be worth the risk, in my opinion.
If the job were at stake because of it, then I would think there would be adequate grounds for an unfair dismissal claim, and I would be speaking to an employment lawyer about where to go from there. I would also make sure every conversation/ action regarding this matter was well documented.
04-04-2012 17:53 #5Senior Member
- Join Date
- Mar 2008
I have been asked to do things that I consider unethical in previous jobs, and I have just responded that if they wanted xyz done, they had better do it themselves as I didn't want to play a part in anything like that.
I was lucky both times in that my bosses actually respected what I said, and never asked me anything similar again. I do realise it could have ended differently though.
04-04-2012 17:53 #6
Do you have an HR dept?
I'd personally explain the risks to the business and ask if they still wanted to proceed on that basis. Legal, financial, reputational, etc.
Is there anyone else who could recruit for the role? There can be personal liabilities for you do you need to think about that. You could be personally named in an adverse action claim.
And then I'd look for another job.
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