Discrimination in the Recruitment Process - Literature review Example

Name: Course: Institution: Tutor: Discrimination in the Recruitment Process Introduction In this article, I will argue that discrimination is a major occurrence in the recruitment process. I will demonstrate this argument by borrowing from various research articles in the topic. In the first section, I have drawn heavily from Markus (2011) to show that recruitment discrimination arises when employers give preferential consideration for some candidates regardless of their qualifications and suitability for the job. In the second section, I have drawn from Ho and Alcorso (2004) to show some of the practices that are likely to lead to discrimination in the recruitment process. These practices include use of illegal recruitment processes and discriminatory screening of job applicants. In the last part of this essay, I have drawn upon Booth, Leigh and Varganova (2010) to show that recruitment discrimination can be avoided if employers and recruiting agencies can commit themselves to being fair and honest in the recruitment process. Nature of Discrimination in the Recruitment Process In the article, Mapping Social Cohesion, Markus (2011) has argued that discrimination in the recruitment process occurs when the employer or recruiting agency makes an exclusion, distinction or preference that restricts another person’s equality of opportunity in recruitment because of their age, gender, race, criminal record or any other ground that seems unfair or is specified by the law. In many countries, discrimination in recruitment is prohibited and those who violate this requirement either directly or indirectly may be liable to prosecution. Normally, discrimination in employment occurs when an employer or its representative adversely singles out applicants on the basis of their age, race, sexual orientation, disability, religion or a variety of other reasons that contravene the equal employment opportunity laws. Shamika, Mario and Sheridanc, (2012) have argued in the article, Revealing the screening that recruitment discrimination can be a distressing experience and there is evidence from empirical researches to indicate that it is a major problem facing minority groups in many countries. Essentially, recruitment discrimination is widespread, insidious and permeates many aspects of employment relations with emerging evidence suggesting that managers are likely to hold negative stereotypes of certain groups of job applicants. For this reason, many governments have relied on voluntary approaches to addressing discrimination during the employment process. However, most of these voluntary initiatives seem to have only a limited impact with evidence suggesting that employers make little use of or may not be aware of existing anti-discriminatory codes of practices. Welch, (1975) has discussed in his article, The Human Capital Approach that the impacts of recruitment discrimination can be classified into two categories. First, recruitment discrimination leads to increased unemployment especially for certain groups such as ethnic minorities. For instance, companies that do not employ women as their staff indirectly contribute to increased unemployment among women. Similarly, those companies which discriminate on age contribute to increased unemployment rates among certain age groups. Secondly, discrimination in recruitment results in work force inefficiency, poor productivity and hence slow organizational growth. Essentially, the individuals that are discriminated against do not necessarily have fewer qualifications. As an example, most women are believed to be more patient and careful than men; therefore a company that discriminates against women loses these essential attributes in its workforce (Welch, 1975). Discrimination is particularly detrimental when it hinders qualified and skilled applicants from securing employment. If a qualified applicant cannot obtain a job because of their age, this has the implication of limiting their other opportunities in the society. Moreover, an individual who is unable to secure a rightful employment may resort to low level offenses like theft or begging. Recruitment discrimination also brings about stigmatization and social exclusion of the applicants especially when they are associated with minority groups. Experiencing discrimination can also have health consequences. According to Ho and Alcorso (2004) applicants who are discriminated against are likely to develop certain problems such as anxiety, depression and low self-esteem. Effective and adequate protection discrimination during the recruitment process would allow all people to have equal opportunities for access to employment. This will enable members of minority groups and those with protected characteristics to access employment on an equal footing with the rest of the community. Social inclusion of all people and participation in political, cultural and economic life can greatly eliminate the mindset of marginalization which creeps into the recruitment to process (Shamika, Mario, Sheridanc, 2012). It is, therefore, imperative for the government to create public awareness that some categories of people should not be treated less favorably than others. In addition, people should be given an avenue to seek legal redress when they feel they have been subjected to discrimination on the basis of irrelevant considerations. Ho and Alcorso (2004) have highlighted five recruitment practices that are likely to lead to discrimination. These are: a) Illegal use of job adverts and recruitment agencies: Certain job advertisements that specify ethnicity, race and other discriminating categories are illegal. Similarly, asking the recruiting agent to use ethnicity, age and other protected categories in the recruitment process is illegal. Indeed, majority of anti-discrimination rules take concern that if discrimination occurs in the recruitment process, both the employer and the recruiting agency may be held liable. As such, employment agencies and employers should be aware that discriminatory recruiting can create liability for both the employer and the recruiting agency even if it is motivated by only one party. b) Word of mouth recruiting: Although many organizations engage word of mouth recruiting, this technique may be a barrier to equal employment opportunity. This can be especially the case if the technique does not create applicant pools that reflect the diversity that exists in the qualified labor market. Therefore, caution should be taken when over-relying on the word of mouth recruiting technique in order to ensure that it does not create barriers to hiring qualified minorities. c) Homogeneous recruiting: Researches have indicated that use of homogeneous recruiting can be a real cause of discrimination in the recruiting process. Examples of homogeneous recruiting include a situation where a largely white municipality that is situated next to a largely black municipality hires its own residents. Such an act not only denies qualified members of the black community a chance to work in the largely white municipality but also sows discord and racial prejudices among the people. It is, therefore, essential for employers to choose applicant pools that do not result into exclusion of some groups. d) Use of stereotyping in decision-making: although racial bias might not always be conscious, decisions based on stereotyped thinking and other forms of less conscious bias can be discriminatory. Recruiters therefore need to be careful to avoid stereotyping when making recruiting and hiring decisions. e) Discriminatory screening of applicants: Besides using the obvious discriminatory factors of race or ethnicity for screening applicants, it is discriminatory for employers to use discriminatory procedures that can significantly result in disparate racial impact. Booth, Leigh and Varganova (2010) have given an alternative view of the causes of recruitment discrimination. They argue that discrimination in the recruitment process may occur as a result of the rationality of the employer decision making. Usually, information may be scarce when the employer is making the recruitment decision. For instance, knowing about the education and age of the applicant may be insufficient considering that the employer may also be interested in other factors that influence productivity such as social skills and motivation. In this case, the employer may rely on observable characteristics that are believed to be correlated with the unobserved characteristics. The implication of this view is that although the employers are trying to behave in a rational manner although what they are doing appears to contravene the equal opportunity requirement. Discriminatory outcomes in the recruiting process may also result from processes which are not intended to be discriminatory but which nevertheless have such an effect. Damian (2007) found no evidence of overt discrimination in their analysis of low-skilled jobs but identified discriminatory practices for applicants who were not familiar with the conventions of job interview styles and organizational culture. Another aspect of indirect discrimination would be when the recruiter does not use a job related criteria but instead base the choices on how passionate they find the candidate to be. An effective recruitment process requires a systematic, objective and a planned approach if discrimination is to be avoided. Both the selection and short-listing processes should be done on the basis of the candidate’s relevant experience, qualifications, skills, talent and knowledge, and should be based on factual qualifications. An examination of various legislations shows that it is unlawful to use factors such as marital status, religion, race, gender or sexual orientation to make decisions in the recruitment process except when a genuine occupational requirement exists. In applying such legislations, there is need to think about the workforce that is being created through the recruitment process (Ackroyd & Crowdie, 1992). It is advisable for organizations to develop and implement recruitment guidelines and procedures for the staff involved in the recruitment process. Such guidelines and procedures should be able to incorporate the principles of the organization’s equal opportunities policy. It is also important that all those involved in the recruitment process are properly trained and educated in the recruitment procedures and the principles of equality. In many countries, laws prohibiting discrimination on grounds of race, sex, sexual orientation, disability and religion expressly outlaw discrimination in the process of recruitment. Specifically, it is unlawful to discriminate in the arrangements made regarding who should be offered the employment or by refusing or omitting to offer employment (Markus, 2011). In order to avoid inadvertent discrimination in recruitment, care should be taken to avoid job qualifications which may otherwise imply discrimination except when they are justifiable in terms of the job that needs to be done. For instance, requiring job applicants to have 20 years of work experience may discriminate indirectly against younger job applicants. Careful consideration should be taken to ensure that selection criteria do not directly or indirectly discrimination against potential applicants (Townley, 1989). Specific qualifications such as GCSE may disadvantage people of different nationalities or ages unless these qualifications can be justified in objective terms. Advertisements should therefore make it clear that equivalent alternative qualifications are allowed. Wherever possible, consideration should be taken as to whether particular qualifications are necessary. It is necessary to focus on competencies required in the post (such as analytical thinking, problem solving and innovativeness). Ackroyd and Crowdie (1992) have noted that in some cases, it may be necessary to set age limits for applicants. The specific objectives that may justify discriminating on grounds of the applicant’s age include health and safety and the need to protect young workers. Also, when there is a genuine requirement for a person of a certain age to carry out a particular duty, it becomes necessary to discriminate on grounds of age. However, even if all age, health and disability and other personal details are removed from the qualifications, an applicant’s educational and employment history may give a clear indication of their age. Therefore, all those involved in selection and recruitment should avoid stereotypical assumptions about candidates on the basis of unnecessary qualifications. In Australia, there are legislations in some states and territories which prohibit recruitment discrimination on grounds of protected characteristics such as race or irrelevant criminal records. At the federal level, legislations prohibit recruitment discrimination on various grounds including age, race and criminal records. Where potential employees suspect that they have been discriminated against on the basis of protected characteristics, they can refer the matter to the Australian Human Rights Commission, which has the mandate to investigate and conciliate the complaints. This is perhaps an impressive progress in the fight against discrimination in the recruitment progress. However, these initiatives have not been effective in averting recruitment discrimination in Australia, with many companies still discriminating against applicants on various grounds (Booth, Leigh & Varganova, 2010). In some countries, victims of recruitment discrimination have many legal resources against the potential employer or recruiting agency engaging in discriminatory practices. These resources extend to those already working because employers are responsible for providing safe and comfortable working environment free from all forms of harassment and discrimination (Hawthorne, 2002). Therefore a key consequence of recruitment discrimination is a vast legal entanglement particularly when the company’s management is aware of its discriminatory practices. Applicants can sue for monetary compensation as a result of mental distress and missed opportunities. Chances are that other employees may not be motivated to continue working in an environment where discrimination is practiced. Loss of employee retention is a negative and costly consequence of recruitment discrimination because the company stands to lose committed employees because of the inappropriate actions of the few. More recently, some countries such as Australia, Canada and the United Kingdom have placed more priority on taking specific actions to reduce recruitment discrimination. Policy actions taken in these countries include seeking to include labor force participation of people from minority groups and addressing employability challenges facing minority groups. References Ackroyd, S & Crowdie, P 1992, “Can culture be managed? Working with raw materials: the case of English Slaughtermen,” Personnel Review, vol. 19, no. 5, p. 23-45. Booth, A., Leigh, A and Varganova, E 2010, Does Racial and Ethnic Discrimination Vary Across Minority Groups? Evidence from a Field Experiment. IZA DP No. 4947. Dustmann, C & Fabbri, F 2003, “Language Proficiency and Labour Market Performance of Immigrants in the UK,” The Economic Journal, vol. 113, p. 695–717. Havinga, T 2002, “The effects and limits of anti-discrimination law in The Netherlands,” International Journal of the Sociology of Law, vol. 30, p. 75–90. Hawthorne, L 2002, “Qualifications Recognition Reform for Skilled Migrants in Australia: Applying Competency-Based Assessment to Overseas-Qualified Nurses,” International Migration, vol. 40, p. 55–91. Ho. C & Alcorso, C 2004, Migrants and employment: Challenging the success story. Journal of Sociology. Vol. 40, no. 3, p. 237-259. Junankar, P & Mahuteau, S 2005, “Do Migrants Get Good Jobs? New Migrant Settlement in Australia,” Economic Record, vol. 81, p. 34–46. Shamika, A. Mario, F & Sheridanc, A 2012, “Revealing the screening: organisational factors influencing the recruitment of immigrant professionals,” The International Journal of Human Resource Management, Vol. 23, No. 9, 1950–1965. Townley, B 1989, Selection and appraisal: reconstituting 'social relations, London, Routledge. Welch, F 1975, The Human Capital Approach: An Appraisal, American Economic Association, vol. 65, no. 2, p. 23-53. Read More

For this reason, many governments have relied on voluntary approaches to addressing discrimination during the employment process. However, most of these voluntary initiatives seem to have only a limited impact with evidence suggesting that employers make little use of or may not be aware of existing anti-discriminatory codes of practices. Welch, (1975) has discussed in his article, The Human Capital Approach that the impacts of recruitment discrimination can be classified into two categories.

First, recruitment discrimination leads to increased unemployment especially for certain groups such as ethnic minorities. For instance, companies that do not employ women as their staff indirectly contribute to increased unemployment among women. Similarly, those companies which discriminate on age contribute to increased unemployment rates among certain age groups. Secondly, discrimination in recruitment results in work force inefficiency, poor productivity and hence slow organizational growth.

Essentially, the individuals that are discriminated against do not necessarily have fewer qualifications. As an example, most women are believed to be more patient and careful than men; therefore a company that discriminates against women loses these essential attributes in its workforce (Welch, 1975). Discrimination is particularly detrimental when it hinders qualified and skilled applicants from securing employment. If a qualified applicant cannot obtain a job because of their age, this has the implication of limiting their other opportunities in the society.

Moreover, an individual who is unable to secure a rightful employment may resort to low level offenses like theft or begging. Recruitment discrimination also brings about stigmatization and social exclusion of the applicants especially when they are associated with minority groups. Experiencing discrimination can also have health consequences. According to Ho and Alcorso (2004) applicants who are discriminated against are likely to develop certain problems such as anxiety, depression and low self-esteem.

Effective and adequate protection discrimination during the recruitment process would allow all people to have equal opportunities for access to employment. This will enable members of minority groups and those with protected characteristics to access employment on an equal footing with the rest of the community. Social inclusion of all people and participation in political, cultural and economic life can greatly eliminate the mindset of marginalization which creeps into the recruitment to process (Shamika, Mario, Sheridanc, 2012).

It is, therefore, imperative for the government to create public awareness that some categories of people should not be treated less favorably than others. In addition, people should be given an avenue to seek legal redress when they feel they have been subjected to discrimination on the basis of irrelevant considerations. Ho and Alcorso (2004) have highlighted five recruitment practices that are likely to lead to discrimination. These are: a) Illegal use of job adverts and recruitment agencies: Certain job advertisements that specify ethnicity, race and other discriminating categories are illegal.

Similarly, asking the recruiting agent to use ethnicity, age and other protected categories in the recruitment process is illegal. Indeed, majority of anti-discrimination rules take concern that if discrimination occurs in the recruitment process, both the employer and the recruiting agency may be held liable. As such, employment agencies and employers should be aware that discriminatory recruiting can create liability for both the employer and the recruiting agency even if it is motivated by only one party. b) Word of mouth recruiting: Although many organizations engage word of mouth recruiting, this technique may be a barrier to equal employment opportunity.

This can be especially the case if the technique does not create applicant pools that reflect the diversity that exists in the qualified labor market.

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