The Law and Recruitment

3. Recruitment and Legislation

Recruiting employees can be considered a passive process, one that does not directly involve making decisions about people. A job is posted and applicants apply. However, despite the lack of concrete actions, the process of specifying the desired knowledge, skills, abilities, others (KSAO’s) implicitly can exclude potential applicants. In the event that some criteria may affect some of the protected categories disproportionately, it is important that these criteria be proven to be job related. For example, can you explain why these postings are discriminatory? What should these companies do to defend their choices?

  • A fashion retail store looking for a person who is “young and dynamic”.
  • A community centre advertises a job assisting recent immigrants from Iran in adjusting to life in Quebec. The ad expresses a preference for a person of Persian origin fluent in Farsi.

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test Copyright © 2020 by Stéphane Brutus and Nora Baronian is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License, except where otherwise noted.

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