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

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

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 OHT 2.02(b)

Complaints received by the ADB Sex281 Race266 Disability207 Victimisation116 Age89 Homosexuality65 Marital Status30 Transgender46 HIV/AIDS3 Compulsory retirement1 Other73 Unknown73 OHT 2.02(c)

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 OHT 2.02

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

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 OHT 2.04

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 OHT 2.05

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 OHT 2.06

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