Are we always objective when we recruit? What is the weight of stereotypes in the recruitment process? How to recruit without discriminating? So many legitimate questions regarding the legal obligation of non-discrimination in hiring, which is accompanied by a training obligation for recruitment professionals. But, beyond compliance with the law, what other benefits can companies derive from recruitment free from discrimination? Update with Yasmina El Alaoui, expert in promoting diversity and combating discrimination.
Professionals responsible for recruitment missions are required to undergo training on non-discrimination in hiring at least once every five years. This legal obligation concerns companies with at least 300 employees as well as all companies specializing in recruitment. It results from the law of January 27, 2017 relating to equality and citizenship. But, concretely, what is discrimination? Are we all affected by stereotypes in the same way? Can we discriminate unconsciously? What are the risks ? What does the company gain when it recruits without discriminating?
What is discrimination?
In France, the principle of non-discrimination is legally recognized. It is based on the republican principle of equal opportunities. Legally, discrimination is defined as less favorable treatment of one person compared to another. It is illegal when it meets two cumulative conditions. That is to say, when she:
- is based on one of the 25 prohibited criteria (family status, pregnancy, surname, place of residence, disability, morals, sexual orientation, gender identity, union activities, etc.);
- and relates to a situation covered by the law (access to a job, a service, housing, etc.).
Discrimination in hiring: a quantified reality
The principle of non-discrimination enshrined in the labor code (articles L. 1132-1 to L. 1132-4) prohibits discrimination at all stages of professional life. However, the risk of discrimination in hiring still remains significant in our country.
Thus, the experience of discrimination in hiring is a reality for one in five employees according to the latest Ifop survey, for the Meteojob job site, published in June 2021.
According to these data, the frequency of discrimination in hiring varies depending on the criteria prohibited by law. For example, 25 % of young people under 30, 23 % of women, 19 % of men and 42 % of people who perceive themselves as non-white have experienced it.
This survey also shows that the proportion of people feeling like they have been discriminated against increases as the recruitment procedure progresses. Thus, 14 % of the respondents had the feeling that their profile was discriminated against during the examination of CVs, 17 % during the job interview and 18 % during the decision-making process. the employer following the interview.
When our stereotypes impact our decision-making…
According to article L. 1221-6 of the Labor Code, “the information requested, in whatever form, from a job candidate can only have the purpose of assessing their ability to occupy the job offered or its skills. [They] must have a direct and necessary link with the job offered or with the assessment of professional skills.”
This is the right. But, in reality, what elements of information influence our evaluations? Are these objective and skills-based? How do we judge that one person is less capable than another to occupy this or that position? In practice, we rely on procedures, tools and our experience. And this is how we can unconsciously associate the skills of candidates with criteria that have nothing to do with the skills to be evaluated. Stereotypes therefore play a part in our decision-making. This is why, even if some discrimination is intentional, most is involuntary.
Discrimination: what are the consequences for businesses?
When they lose self-confidence, victims of discrimination can set themselves up to fail during the recruitment process, or even censor themselves. Thus, they no longer respond to job offers that match their profile. It is therefore a loss for companies because they can no longer benefit from their talents and creative abilities. And all the more so for those who are struggling to recruit in a context of labor shortage.
Testing operation, name and shame, legal proceedings initiated by people who feel discriminated against... Discrimination also has a concrete cost: in addition to the risk of administrative, financial and criminal sanctions, the company is exposed to the deterioration of its image among the general public. On a local level, they must keep in mind that candidates communicate on social networks and by word of mouth.
A legal training obligation
Since 2017, non-discrimination training for people responsible for recruitment missions has been an obligation for any company employing at least 300 employees and any company specializing in recruitment. Training must take place at least once every five years. This is what Article L. 1131-2 of the Labor Code provides.
Why every five years ?
Because the texts evolve regularly. Training also means carrying out professional monitoring. In 2008, the labor code set out 18 prohibited grounds of discrimination. Today there are 25. And one 26e, namely the accent, should soon be included in this list to combat glottophobia at work. Training regularly is also a good opportunity to revisit your processes to adapt them to this principle of non-discrimination.
In which companies?
The training obligation only applies to companies with more than 300 employees. But mid-sized companies (ETIs), SMEs and micro-enterprises are just as concerned because the law prohibiting discrimination applies to everyone. Thus, these companies are just as exposed to prosecution in the event of suspected discrimination. Furthermore, every recruiter wants to implement an efficient recruitment process.
Who to train?
Recruitment is a collective process. It is therefore appropriate to train, on the one hand, HR teams and managers who often work hand in hand. And, on the other hand, employees who participate in prequalifications regularly or occasionally.
What are the benefits of the training?
Training allows you to revisit your processes, question them at each stage of recruitment and adapt them to the principle of non-discrimination. To do this, you must learn to:
- analyze the need for skills ;
- write job descriptions and advertisements without discriminating criteria;
- deconstruct stereotypes;
- revisit its selection processes (CV selection grids, telephone prequalification guides, questionnaires and conduct of skills-based interviews);
- organize the traceability of its recruitment;
- diversify potential candidates through new sourcing and communication channels.
The principle of non-discrimination: a constraint… and an opportunity?
Companies have difficulties in recruiting. The shortage of qualified and unskilled labor, employees, liberals and artisans, is a reality. The media are widely reporting this: there is a desperate search for doctors, boilermakers, hairdressers, bakers, drivers, etc.
The COVID-19 crisis has also revealed questions about the meaning that everyone attributes to work: balance between social, family and professional lives, personal development, professional challenges, more flexible hours... Thus, for many, the relationship with work has evolved.
Finally, isn't this injunction not to discriminate an opportunity to respond to this context?
In summary, recruiting without discrimination means:
- identify candidates whose skills match the needs of the position;
- attract new talents ;
- welcome different ways of being, seeing and doing, to boost creativity and innovation;
- promote diversity in the company and develop its employer brand.
