Group Presentation - RS

1Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement.

Race Discrimination –Impact of Recruitment & Selection

8th June 2015

Group 1: Natalie WongTommy LeungMandy YuenCassie MaMonique Cheung

Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement.2

Race Discrimination – Impacts on Recruitment & Selection

Agenda

•Overview

•Key principal of race discrimination

•Legislative impact to Recruitment and Selection practice

•Case studies



Overview

Race Discrimination Ordinance (RDO) Background

RDO is an anti-discrimination law enacted in July 2008 to protect people against discrimination, harassment and vilification on the ground of their race.

Under the RDO, it is unlawful to discriminate, harass or vilify a person on the ground of his/her race. The RDO has come into operations since 10th July 2009 [http://www.eoc.org.hk]



Key Principal of Race Discrimination Ordinance

What is Racial Discrimination?

In general terms, racial discrimination is about treating people less favorably on the basis of their race.

There are several forms of racial discrimination.

• Direct Discrimination & Discrimination on the ground of near relative’s race• Case 1: A person of Pakistani origin applies for sales job….

[Chapter 6.1.1 - Illustration 7]

• Indirect Discrimination• Case 2: Theist & weekend work…. [Chapter 6.1.1 –

Illustration 11]

• Discrimination by the way of victimization• Case 3: Company dismiss staff because submitted

complains… [Chapter 6.1.1 – Illustration 15]



Key Principal of Race Discrimination Ordinance (cont’)

There are exceptions under the RDO…

•Genuine Occupational Qualification

•Existing local and overseas employment terms

•Special measures



Legislative impact to Human Resource practice

Recruitment and Selection

1. Consistent Selection CriteriaIndividual is assessed according to his or capabilities including:

•Type and duration of prior experience

•Education qualification

•Technical/ managerial skills

•Personal qualities required by a job

•Physical and other skills necessary to perform the job

2. Advertising •Advertise the job based on consistent selection criteria

•Review all advertising materials and avoid term



Legislative impact to Human Resource practice (cont')

3. Shortlisting•Consistent Selection Criteria

•Against making assumptions

•Train personnel to recognize the danger of discrimination

4. Interviewing•Training for recruiters and Business

•Questions relate to essential job requirements

•Avoid question marital status, plan to have children, domestic obligations, etc.

•Keep record of interviewing on why to employ



Legislative impact to Human Resource practice (cont')

5. Recruitment through employment agencies or employment services

• Advise employment agencies to comply with the RDO

• Specify that vacancies are open to people from all racial groups

6. Others aspects required considerations

• Tests

- Specifically related to the job and/or the career requirements

- Professionally designed tests wherever practicable

- Review tests regularly

• Term and conditions of employment, benefits, facilities and services

- Equal pay for equal work / equal pay for work of equal value

• Overseas employees



Case Studies

The Complaint

Manoj is a Hong Kong permanent resident of South Asian descent. He saw a posting for the job of technical operator at a local company X. The job advertisement listed Chinese language skills as a requirement. As Manoj had over a decade of specifically relevant experience, he applied for the job even though he does not read or write Chinese. He had been able to perform satisfactorily in similar roles at other companies without Chinese language abilities, which led him to believe that such language skills were not truly required for the job.

Manoj did not receive a response on his application, though he saw that the job continued to be advertised. He applied severalmore times for the same post over a period of a few months, but still heard nothing from company X. As Manoj felt that Chinese language skills were not truly necessary for the job, he believed that company X was using the language requirement as an excuse for not considering non-Chinese applicants. Manoj also claimed that his application was unsuccessful because of his ethnic origin. He lodged a complaint of race discrimination with the EOC.



Case Studies

What the EOC did

The EOC case officer explained to both the employer and the complainant the provisions under the RDO.

Under the RDO, it is unlawful for employers not to hire an applicant on the ground of his/her race. It is also unlawful for employers to indirectly discriminate by setting an unjustifiable requirement that applicants of certain races may be less able to comply with. Although language in and of itself is not a protected characteristic under the RDO, some requirements or conditions relating to language abilities which are not justifiable may indirectly discriminate against certain racial groups, who may be less able to meet such conditions. When this is so, the RDO may apply.

Both parties showed willingness to resolve the matter through the early conciliation mechanism. Company X agreed to refer Manoj’s CV to another unit with English-speaking positions for their consideration, as well as to invite him for interviews when vacancies arose for relevant posts at the company. The case was thus settled.



Case Studies

Points to Note

•The race of a person does not affect his or her ability to do a job, so long as he or she possesses the necessary and relevant qualifications, skills and personal qualities required by the job. Employers must not assume that people belonging to certain racial groups are not suitable for employment. As a good practice, all applicants should be assessed based on consistent selection criteria.

•Employers must ensure that any language requirement (including academic qualification, fluency and accent requirement) for a job is relevant to and commensurates with the satisfactory performance of a job.

•The EOC encourages employers to promote workplace diversity and nurture an inclusive work environment. In fact, workplace diversity can have real benefits, and the exchange of different perspectives can help to foster creativity and innovation.



Documents

Group Presentation - RS