The Press

Hiring discrimina­tion persists

- Peter Cullen partner at Cullen – the Employment Law Firm, peter@cullenlaw.co.nz

Finding the right person for the job can be a tough task for an employer. Inevitably, the values of an employer are going to influence the operation they run and the sort of employees they seek. As a result, job adverts reflect diverse values and the outlook of a wide range of different people.

Over the years ads have reflected both the good core values and the prejudices of the time. Society through its laws tries to moderate more extreme behaviour.

Before the days of scrolling through job advertisem­ent websites, jobseekers would page through the ‘‘situations vacant’’ columns in newspapers. The strong societal sentiments of the time towards gender, race and religion were evident in the types of workers employers were seeking.

No one batted an eye at an advertisem­ent in the Wairarapa Daily Times in 1904 which called for ‘‘A Coat Hand, also Trousers and Vest Hand for hand work only. Women need not apply.’’

Similarly, an advert from 1910 in The Dominion which sought ‘‘Man Cook, Country (Chinaman no objection)’’ would have been a show of tolerance, revealing that other employers might have objected to Chinese workers. This is a reminder of how far we have come as a more tolerant, multicultu­ral society in the last 110 years.

But today we still see prejudices sliding their way into job advertisem­ents.

A recent classified ad seeking a couple for a holiday park manager position in Tokoroa caused a stir for this reason. The Glenview Holiday Park advert set a number of requiremen­ts including a wife who must be ‘‘good in communicat­ion of a quiet dispositio­n’’ and ‘‘Partner – for Park Maintenanc­e’’.

The employer stood by his advert on the basis that he found ‘‘that women around the office are generally maybe better inclined’’, though he admitted he may not have used the correct language.

Across the ditch, a Post Office licensee in New South Wales advertised an entry-level retail job on Seek and noted ‘‘unfortunat­ely the successful applicant will not be an over entitled millennial with an inflated sense of entitlemen­t’’.

The employer defended the advert, saying she would be happy to employ a suitable younger person who met the requiremen­ts of the position.

Seek removed the statement from the listing on the basis the language breached anti-discrimina­tion laws.

Legally, New Zealand private-sector employers are entitled to make their own hiring decisions. However, they cannot unlawfully discrimina­te against an applicant.

The Human Rights Act specifical­ly prohibits an employer from refusing or omitting to employ a qualified applicant on the basis of any of the 13 prohibited grounds of discrimina­tion, such as sex, religious belief, race, colour or age.

Accordingl­y, the Tokoroa holiday park advert could be discrimina­tory on the basis it indicates a decision to refuse to employ a male applicant to perform the female designated role. However, simply seeking a candidate who is ‘‘of a quiet dispositio­n’’ is not discrimina­tory or unlawful.

Similarly, if the Post Office licensee were in New Zealand, it would be unlawful to discrimina­te against applicants on the basis of being a millennial as age is a prohibited ground of discrimina­tion. However, making decisions on the basis of an inflated sense of entitlemen­t would not be discrimina­tion, although it may not be PC.

Social sentiments and laws have changed a lot in the last 100 years and employers should accept that. However, even in 2020 there is still evidence of employment prejudice slipping through the cracks of the law and public consciousn­ess.

The Human Rights Act still provides specific exceptions for situations involving things like national security, privacy and religious institutio­ns (including religious schools).

New Zealand is becoming a much more secular society. The use of the exemption in the act for religious institutio­ns probably has a limited shelf life. The exemptions will likely pass into the annals of history like the discrimina­tory adverts of the early 1900s.

 ?? STUFF ?? We have become a more diverse and accepting society but we still see prejudices sliding their way into job advertisem­ents.
STUFF We have become a more diverse and accepting society but we still see prejudices sliding their way into job advertisem­ents.

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