How recruiters can avoid discrimination

It is important to avoid discriminating against applicants at any stage of the recruitment process. The federal government has set out laws prohibiting discrimination against employees on the basis of race, colour, sex, sexual preference, age, disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin. In addition to this there are minor state differences - for example, WA prohibits discriminating against someone on the basis of a spent criminal conviction.

Not only is discrimination on the above grounds illegal in Australia, but it also reflects poor recruitment practice. A good recruiter will put the best match forward for the job - regardless of any irrelevant factors, such as those listed above, that do not prevent the candidate from doing the job in hand.

What is discrimination?

Discrimination relates to treating one group or person less favourably than another because of attributes such as race, sex, or marital status (to name a few).

There are two types of discrimination - direct and indirect. Direct discrimination relates to treating one person less favourably than another because of a particular attribute. An example would be deciding not to employ someone because of their age. Indirect discrimination relates to allowing a condition that would mean a group of people could be excluded or treated less favourably due to a particular attribute. An example of this would be to specify a minimum height and weight for job applicants that would mean females as a group were generally unlikely to meet the criteria.

Even though it is possible to discriminate unintentionally, the laws regarding discrimination remain the same regardless of whether your action was intentional or otherwise, and an individual or company found to be responsible for discrimination will find themselves facing the legal consequences of a tribunal.

There are occasions where it is lawful to stipulate that an applicant must possess a particular attribute, such as being of a specific race or gender (for example). Certain roles are subject to exceptions on the basis of it being a genuine occupational requirement for a person to possess that attribute. E.g., a role may stipulate that a male worker is required to clean men's lavatories.

Types of discrimination

Race, colour, national extraction, and social origin

It is unlawful to discriminate on the above grounds. An example of direct discrimination would be advertising that job applicants must be of Australian nationality. An example of indirect discrimination would be requiring applicants to be able to write in English. This could only be justified if writing in English was essential for the role.

Sex and sexual preference

It is unlawful to discriminate on the above grounds. Direct discrimination here could be if you were to hire someone on the basis of them being male or female. Indirect discrimination could be advertising your vacancies in a magazine or newspaper that was aimed at a male / female or gay audience, and not advertising anywhere else.

Marital status, family responsibilities, and pregnancy

It is unlawful to discriminate on the above grounds. An example of direct discrimination would be overlooking an applicant who was pregnant, or failing to allow flexible hours where possible for childcare arrangements. An example of indirect discrimination would be stressing that a full time commitment to long hours was necessary, when it was not in fact essential to the role.

Age

Discriminating on the grounds of age is unlawful. It would be direct discrimination to refuse to hire workers who were too old or too young for a particular company. An example of indirect discrimination could be if a company adopted a 'last in - first out' redundancy policy, or if a company advertised using adjectives that specified an age group - e.g., 'mature workers.'

Good practice is to advise candidates not to publish a date of birth on their CV's, and to avoid asking candidates for their date of birth or age.

Disability

It is unlawful to discriminate on grounds of disability. Direct discrimination would be choosing not to hire someone who was wheelchair bound (for example) who was still capable of doing the job. An example of indirect discrimination could be advertising for 'able-bodied workers.' As long as someone with a disability is able to do the job then they should be treated equally to someone without a disability.

Religion and political opinion

It is not lawful to discriminate against someone on the grounds of their religious beliefs or political opinions and/or affiliations. An example of direct discrimination would be if a company did not hire someone because of their religious beliefs (actual or perceived). An example of indirect discrimination would be if a company stated that employees were not allowed to wear anything covering their heads. This would discriminate against people adhering to religions that require heads to be covered, and could only be justified if the employer could prove that there was a genuine and necessary reason for employees to have their heads uncovered.

So how do you avoid discriminating?

Advertisements

• State clearly what is required in order to do the job, and avoid mentioning anything that may be superfluous;
• Do not state that an applicant must be from a particular race/ nationality/ place/ gender, etc. unless that is a genuine occupational requirement, and therefore allowed under discrimination legislation;
• Avoid using terms that imply a certain age group (such as youthful / mature).

Interviewing

• Avoid questions that are irrelevant, such as "Do you have children?" or "Are you married?" or "What nationality are you?";
• When referring to a candidate's family use gender neutral terms (e.g., 'partner' instead of 'wife') and only ask what is necessary. For example, a client paying for relocation may need to know how many people they will be relocating with the candidate, so instead of asking if a candidate will bring his wife or children (for example), ask if he will be relocating alone, or if he will be bringing any other parties with him;
• It is your responsibility to ensure a candidate has the right to work in Australia and, if they don't, that you communicate their visa requirements to your client. When asking about this situation simply ask your candidate if they have the right to work in Australia, or if they require sponsorship. It is not necessary to ask for details of their nationality or citizenship;
• If your candidate has a disability ask only what questions are necessary to ensure that they are able to do the job;
• Do not attempt to elicit irrelevant information from your candidates - e.g., what religion or political persuasion they are.

Client dealings

• Do not pass on irrelevant information to clients that could then be used to discriminate against an applicant. For example, a client does not need to know if a candidate is homosexual, or if they have children (unless the latter forms part of an arrangement such as relocation and arranging flights);
• If a client asks you to discriminate when finding suitable applicants then you will need to take the following steps:

1. Advise the client that you are not able to narrow your selection on that basis, and that you will endeavour to find the most appropriate person for the role regardless of the particular attribute that the client has asked you to seek out/ avoid;
2. Stay friendly and polite to your client, and remind them that recruitment agencies are subject to the same discrimination legislation as all companies;
3. Do not lecture or admonish your client - stay positive and say that you are happy to find suitable staff for them, but that you will have to disregard any preference that could be discriminatory when putting candidates forward;
4. Put full notes on the database of what your client said and what you advised;
5. Put forward a selection of CV's to your client, ensuring that you do not discriminate in any way.

To sum up

Always consider what information is necessary for you and your clients to know when recruiting staff. Ensure that you seek out the most suitable people for your clients regardless of race, gender, age, or any other attribute that does not impact on a person's ability to do a job.

Do not be pressured by clients into acting in a way that could be seen as discriminatory. If found responsible for discrimination both you personally and your company could be held liable.

If in doubt - ask for advice from more senior staff!

The Lies that Job-Seekers Tell

A variety of studies estimate that (depending on which study you read) anywhere between 25-75% of job-seekers admit to either telling outright lies or else omitting/ bending the truth in order to secure a new job.

If those figures are representative of those who admit to lying, then we can be pretty sure that the actual figures are higher still.

Lies can be relatively minor (e.g., slight exaggeration of responsibilities and time spent doing certain tasks), or major and potentially very costly to a new business - e.g., claiming to possess qualifications/ certifications when that is not the case.

One example of this that we at Skye Recruitment have seen is when a worker claimed to be a qualified WHSO (Workplace Health and Safety Officer), and said that he had shown his qualifications to our client, a civil contracting company. Our client agreed that he had seen the certificate, but in actual fact he had not: the worker had given him so much paperwork to review that the boss had become confused and assumed that it contained the necessary certificate. It transpired that the worker was not qualified at all. The cost to a company of not having a qualified WHSO on site can run into millions of dollars in fines, and if this had not been picked up at an early stage then the situation could have been disastrous for the company in question.

Here are the key areas that you, as an employer, need to focus on when looking at a new hire:

Gaps in the CV

If a candidate has had a bad experience with a company he or she will often simply omit that company from their CV - particularly if they have only been at the company a matter of days or weeks.

It is important to ensure that all the dates line up on a CV, and that any gaps are accounted for. Always ask the candidate what they were doing between jobs, even if the gap seems small. If the dates on the CV are broad - e.g., "2009-2010" then ask for specifics. "Dec 2009 - Jan 2010" can mean that a candidate worked anywhere between 1 day and 2 months for a company - make sure you know which it is.

Finally, always ask the question: "Have you worked for any company that is not on your CV?"

Job title

Candidates will often feature a job title on their CV that does not accurately represent the role they have held for that duration of time. For example a Project Engineer may have worked for a company for 5 years before being promoted to a Project Manager role. The CV may simply say "Company X, May 2005 - present, Project Manager" - which clearly implies that they have 5 years experience as a manager.

Always ask at what level someone joined a company, and how long they have held their current job title.

Responsibilities

To ensure you are hiring someone who can do the job they say they can, always ask for specific examples of how they have used that particular skill. It will quickly become apparent if the person does not have the depth or breadth of experience you are seeking.

Examples of this could include "Tell me about a time when you did XYZ." By asking open questions you will be able to gauge how much that person's skills and experience suit your needs, and if the candidate is unable to provide examples then that may indicate that they have not done all that they say they have.

Qualifications

These can easily be checked, simply by asking the candidate to bring all necessary certificates with them to an interview. Beware the candidate who has a tale of woe about why they cannot do so...

Salary

This is one of the more common areas in which candidates will stretch or bend the truth. When talking directly to a company candidates will either tend to over-estimate their current salary (in order to negotiate a higher wage), or else under-estimate their salary because they are afraid of scaring a potential employer off. This means that when you offer a salary you run the risk of paying over the odds for someone, or else putting an offer to someone that is too low, which they will immediately reject.

Companies who use recruitment agencies have an advantage here, as the agency can act as a go-between at the salary negotiation stage. A good agency will know what salaries you usually pay, how much the candidate earns, what salary they are looking for, and also what salary they are being offered by other companies. They can then advise you as to an appropriate level for that person, and negotiate with the candidate to maximise their likelihood of accepting your offer.

If you are not using an agency, then look at steps you could take to make the candidate feel comfortable about discussing salary openly with you. Consider getting an HR person to talk through those areas with the candidate, rather than the line manager. Also ensure you are aware of the types of salaries your competitors pay, and that you are up to date with the market rate for that level of role.

Reason for leaving

This can often be a sensitive area, and candidates sometimes give 'fluffy' answers that don't reveal the real reason as to why they left or are looking to leave their job. Common answers include "I've been there 5 years and it's time for a change," "I want career progression," or "I'm looking for a new challenge." None of these answers tell you anything about why someone would leave their company for a different one.

This is where you need to do some digging, and get to the bottom of the situation. If someone says it's time for a change - why? What change, specifically, are they after? What things are they looking for that their existing employer cannot provide? Why is that not possible with their current employer? Have they discussed it with them?

Here you often find the real reason. Perhaps they want a management role, but none will be available in the near future. Perhaps they don't get on with their boss. Perhaps they had a poor performance review, and have been put on warning. Perhaps they did not leave of their accord...

Beware the candidate who has quit a job without another one to go to, unless they have a very good reason for it. We often find in these cases that the candidate did not choose to leave the company. Similarly, beware the candidate who tells you that one of your major competitors (who you know is also hiring) let them go because of "lack of work".

Reference check

Make sure you take references. Ask the referees for examples of things that candidate has done. Use open questions, and ask them to tell you about specific times when that person has excelled/ failed/ dealt with others. Look out for those times when a referee indicates something but doesn't want to reveal more. Watch out for when they give a short answer, or cover up after starting to say something that could indicate a problem with the candidate. Don't just stick to your template of questions - if something doesn't feel right then keep digging!

Staff and clients do Bridge to Brisbane for charity

The Skye Recruitment team, consisting of staff and clients, completed the Bridge to Brisbane 10km event on Sunday, in aid of the Make-a-Wish Foundation.

It was a great opportunity for staff to get together outside of the office, and team up with clients from companies such as SMEC, Thiess, Brown Consulting, and Anglo Coal (amongst others), for a common goal.

Skye Recruitment would like to thank all our clients and candidates who took part. Donations are still coming in, but we are very much on track to hit our $1000 target! Make-a-Wish grants wishes to children and young people with life-threatening illnesses, and we are proud to support their efforts.

How to network

Networking is extremely important, and it can help to further your career - as long as it is done in a useful way. I add that last caveat because many people view networking as a process that 'happens' incidentally just by attending events and talking to people. Networking - if not done in a useful way - can be a huge waste of time, and can even be detrimental to your career.

Networking is a word that can strike fear into the heart of the less outgoing amongst us, and the thought of being at an event where you don't know anyone and will be required to approach strangers and possibly impress them, can be incredibly daunting. However, we can all learn how to be more effective networkers, and the good news is that it really isn't that hard.

The first step is to look at networking as a way of meeting other people who may, or may not, be able to work with you on some level in the future, and who may (or may not) be able to put you in touch with other people who can work with you in the future. By making connections with other people you will become more well known in your industry, and opportunities can open up for you.

So, how do you go about it? Firstly, prepare. Make sure that you are dressed appropriately, and that you are aware of the objectives of the event that you are attending, and the likely people/ organisations that will be there. Make sure you are aware of how this event is relevant to you/ your company, so that you are not left stuck for words if someone asks what your connection is to the event.

If you are seated at a table then will need to start by talking to the people there. Otherwise, identify a small group of people, or another person alone, and approach them to introduce yourself. Aim at keeping it short and sweet. Introduce yourself and your company and (if appropriate) offer a business card. Ask the other person what they do, and how they are enjoying the event so far. If you get stuck for conversation then the best thing to do is to ask questions. Ask what their job involves, how they got into that industry, and if they have had to travel far. Networking events are usually full of people who are more keen to blow their own trumpets than get to know others. By asking questions, and being genuine you will stand out from the rest.

Don't get stuck with one person for too long. When it is time to move on say something along the lines of not wanting to monopolise that person, and how great it was to meet them, and that you hope to catch up with them again before the day is over. If you have received a business card, then later on email or call that person to reiterate how nice it was to meet them, and to invite them to contact you again at any time.

Also be aware that the more you do it the easier it gets!

Love your Staff

What does the word ‘sustainability’ mean to you?

Of course, sustainability has become a buzzword over recent years in the sense that various government bodies are trying to reduce problems, as they see them, of pollution, the ‘greenhouse effect’ of carbon dioxide levels in the atmosphere, depletion of natural resources, population growth, water etc. Governments at all levels are bringing in more and more measures to reduce the perceived risks and increase the sustainability of the planet, industry, and our way of life.

But, surely, the word ‘sustainability’ means more than this. How about sustaining one of our most important assets - the workforce itself. It’s getting harder and harder to find quality skilled workers at all levels in an expanding market from an ageing population. Having found the workers that do a good job, why not do something to help these workers to remain healthy and happy in their roles?

Various studies around the world have shown a strong link between high levels of demand in the workplace and both mental and physical stress, often with a severe impact on family relationships. Employers also suffer, as they will see a reduction in performance, lower output, an increase in poor or hasty decision-making and an increase in absenteeism. Indeed, Dr Paul Lanthois of the Work Life Balance Foundation, based in Queensland, says that the cost to Australian business is around $100 billion per annum.

At Skye Recruitment, we give a lot of thought to the environment within which our staff operate and have identified a number of areas which, we feel, help our staff to feel happy and secure and able to maximise their efforts for their own and our benefit. Whilst the list is by no means exhaustive, we would offer the following points for consideration:

• Try to recognise that every person is an individual, with their own problems and needs, and try to be flexible in accommodating these. For instance, a parent may need time to collect a child from school, or flexible working might allow a person to enjoy a better family life with a partner. Some religions may require certain observances which occur during the working week in which case, again, some flexibility over hours could be helpful.

• Try to identify safe and unsafe working practices, both in the office and outside, and formalise these in a procedural manual of which the relevant parts must be read, on a regular basis, by employees and contractors. This helps staff to know what is expected of them, and can help the employer if an accident or injury results in litigation or a compensation claim.

• Consider offering some form of pastoral care, so that a worker can feel free to speak to someone ‘independent’ about any problem without the fear of reprisal from management or co-workers.

• Consider having a suggestion scheme, so that workers can suggest various ways to improve processes or administration, and offer a tangible reward to those whose ideas are of interest. This will encourage a feeling of ‘oneness’ with the company and of being wanted and recognised.

• Most workers will have some sort of performance target or measure assigned to them. How about, perhaps on a unit or departmental basis, having ‘mini targets’ for individual workers who, if they achieve or succeed, are given a non-cash reward? These could be (for example) vouchers for a restaurant or cinema, or an extra day or two’s holiday, or a mini-break.

Businesses will, we think, have to consider employee sustainability to a much greater extent in the future, especially as increasing demand for skilled workers further outstrips supply. The sustainability of a company's workforce may mean the difference between the ability to deliver a project and missing significant deadlines at great financial cost. It is also the case that workers who are happy and feel valued are less likely to demand high wage rises, and are more likely to stay with the companies that care for them.

Everybody wins!

Should you as a business use a recruitment agency, or do it yourself?

As a recruitment agency owner the temptation would be to say that you should always use a recruitment agency (preferably my one), and that anything else would be foolhardy and possibly even dangerous.

However, in the interests of being unbiased and also a helpful sort of person, I can also say that there is more than one way to skin a cat.

A professional HR or recruitment agency will (if they are good) help you with all aspects of the recruitment process. They will take time to get to know you and your company, to understand your culture, and work with you to find people that will be a good fit. They can approach your competitors and get the stars in your industry interested in your company (something that's hard to do directly), negotiate salaries and conditions, and make sure that the applicant of your dreams starts working for you. In addition to this they will also be your PR agency, your champion, and make sure the world knows about your awards and exactly why YOUR company is the one that everyone wants to work for. They can give market advice to you, advise if your salaries are way out of the ballpark, and tell you if word on the street is that your managers may need to improve their people skills.

All sounds fantastic, right? Is there anything this talented agency can't do? Well, the little proviso in brackets is more important than you might initially think. To recap – a professional HR or recruitment agency will do all these things and more – if they are good. A good agency will save you time and money, will find you the impossible to find people, and help your company's profile in any way that they can. But what about a bad agency?

A bad agency will waste your time and money. You will end up speaking to a different consultant every other day, as they are continually being fired or leaving the trade. You will spend your days opening up CV's that make you wonder if the agent even listened to your job brief or knows what your company does. You will be promised that every applicant is perfect for your business, only to be met with a succession of unsuitable or unqualified applicants, who have not been told about your company. You will be drawn into arguments about which agency sent you a CV first, and threatened with paying multiple fees for the same person. You will end up having to replace someone who was a poor hire, and the agent – who was once your best friend – will become suddenly distant and hard to contact.

If you're thinking that this all sounds a little scary (or, unfortunately, nodding your head in recognition) then try looking at it this way. If you employ a great accountant they will accelerate the growth of your business. If you employ a bad accountant then you could be doing some jail time. Recruitment is no different to any other service that businesses routinely outsource. If you are able to do it yourself smoothly, successfully, and without taking time away from what you really do for a living, then I recommend doing it yourself. Put like that, there is no reason not to.

Having said that, I hire an accountant because I am not an expert in that field and I do not have time to do the accounts myself. I hire a lawyer for the same reason. And this may sound strange for a recruiter, but I hire a recruitment consultant when I want to recruit more staff. (Yes, there are agencies out there that recruit recruiters for recruiters). The cost of paying a fee to an agency is less to me than the cost of the time it would take me to find someone myself. If you are able to find a good agency then that partnership can last you for many years. Most agencies bill on a 'no success no fee' basis too, so a good agency will also add value to your business without costing you a cent if you do not engage an employee through them.

So how do you find that agency? Ask around your industry for recommendations, talk to a few agencies, and most of all – trust your gut instinct. If you don't feel a rapport then take your business elsewhere. You do not have to commit to one agency either – try a few until you find the one or two that work in the way you like. Don't waste time with the time-wasters, but a good agency is a gold mine for your business.

Skye Recruitment at Career One QLD Excellence Awards

Skye Recruitment was delighted to be shortlisted in two categories at the Queensland Excellence Awards last night, hosted by Career One and Monster.

A host of agencies and companies showed up at Brisbane's Gallery of Modern Art (GoMA) to enjoy good company, food and wine, and to celebrate the achievements of a number of companies and individuals in a diverse range of areas.

Skye Recruitment was named a finalist in the categories of Recruitment Agency of the Year and also Excellence in Online - which recognised online presence for branding and advertising.

Hiring plans are up across the board in our industry sectors, and the team at Skye is now looking to expand. It's looking like a big year ahead!