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Recruitment and Hiring - Discrimination

  • Updated

Each question below includes its SLCP/FSLM key and the related recommendation. In some cases, the same guidance applies to multiple IDs.

Table of Contents

 

Facility requires virginity test before or at hiring

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Recommendations

The facility must immediately cease the practice of virginity testing during hiring. Establish clear policies to protect worker dignity, provide comprehensive HR training on ethical recruitment practices, and conduct regular audits to ensure compliance.

 

Facility requires worker to provide commitments (verbally or in writing) that they will not become pregnant

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Recommendations

The facility must eliminate any policy or practice that requires workers to pledge not to become pregnant. Revise HR policies to focus solely on job-related criteria, and train staff to respect reproductive rights and adhere to non‑discriminatory practices.

 

Facility requires the use of contraceptives or other forms of birth control at hiring

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Recommendations

The facility must remove any requirement that forces workers to use contraceptives or birth control as a hiring condition. Review and update recruitment policies to ensure respect for reproductive rights, and provide HR training to guarantee compliance with national and international standards.

 

None of the above

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Recommendations

The facility must ensure adherence to all legal and ethical standards concerning reproductive rights. Regular audits, comprehensive HR training, and periodic policy reviews are essential to maintain full compliance with ILO Core Conventions and Better Work standards.

 

Does the facility hire disabled persons in line with legal requirements?

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Recommendations

The facility should review and update its recruitment and selection processes to ensure compliance with national legal requirements concerning the hiring of disabled persons. HR should receive training on disability inclusion, and regular audits should be conducted to confirm that all disabled applicants are evaluated based solely on their ability to perform the job. Any gaps should be addressed promptly to uphold worker rights and reduce legal exposure.

 

HIV / AIDS Status (real or perceived) referenced and not in line with legal requirements

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Recommendations

The facility must eliminate any reference to HIV/AIDS status from recruitment materials unless explicitly required by law. Policies should ensure confidentiality and non-discriminatory treatment of all applicants, and staff should be trained on handling sensitive health information in compliance with legal standards.

 

Sexual Orientation referenced and not in line with legal requirements

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Recommendations

The facility must ensure that hiring practices are free of discriminatory references to sexual orientation. Recruitment materials should be reviewed and updated to focus solely on qualifications, and comprehensive training on diversity and inclusion should be provided to HR personnel.

 

Pregnancy / Maternity Status referenced and not in line with legal requirements

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Recommendations

The facility must ensure that recruitment materials do not contain discriminatory references to pregnancy or maternity status. All policies should be revised to comply with legal standards protecting women's rights, and HR staff should receive training on gender-sensitive recruitment practices.

 

Marital Status referenced and not in line with legal requirements

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Recommendations

The facility should eliminate any inappropriate references to marital status in its recruitment materials. HR practices must focus on relevant qualifications and ensure that no discriminatory criteria influence hiring decisions. Regular monitoring and staff training on anti-discrimination policies are advised.

 

Age referenced and not in line with legal requirements

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Recommendations

The facility must ensure that any age references in hiring materials strictly adhere to legal requirements and do not serve as a basis for discrimination. Recruitment practices should be reviewed and updated, and HR training on age discrimination should be implemented.

 

Nationality / Foreign Migrant Worker Status referenced and not in line with legal requirements

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Recommendations

The facility must remove any discriminatory references to nationality or foreign migrant status from all hiring documents. Recruitment policies should be aligned with legal requirements, and HR personnel should be trained to implement fair and unbiased recruitment practices.

 

Family responsibilities referenced and not in line with legal requirements

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Recommendations

The facility must ensure that hiring materials do not include inappropriate references to family responsibilities. All employment decisions should be based solely on job-related criteria, and HR should provide training on non-discriminatory practices that consider the diverse needs of applicants.

 

Written job description or job application forms reference OTHER discriminatory factors and are not in line with legal requirements

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Recommendations

The facility must thoroughly review all job descriptions and application forms to remove any references to discriminatory factors not aligned with legal requirements. HR should update recruitment policies and provide training on best practices in non-discriminatory hiring. Regular audits should be conducted to ensure ongoing compliance with legal and international standards.

 

Race / Ethnic Group / Skin Color factored into hiring decisions and not in line with legal requirements

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Recommendations

The facility should eliminate any discriminatory references to race, ethnic group, and/or skin color in its recruitment processes. Recruitment materials must be reviewed to ensure that only job-relevant criteria are used, and comprehensive training in diversity and inclusion should be provided to HR and hiring managers.

 

Sex / Gender factored into hiring decisions and not in line with legal requirements

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Recommendations

The facility must remove any gender-biased criteria from hiring decisions. Recruitment materials and policies should be reviewed and revised to ensure that hiring is based solely on job-related criteria. HR training on non-discriminatory practices is strongly recommended.

 

Religion factored into hiring decisions and not in line with legal requirements

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Recommendations

The facility should eliminate any discriminatory references to religion in its recruitment processes. Recruitment materials must be reviewed to ensure that only job-relevant criteria are used, and comprehensive training in diversity and inclusion should be provided to HR and hiring managers.

 

Political Opinion factored into hiring decisions and not in line with legal requirements

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Recommendations

The facility must ensure that hiring decisions are strictly based on merit and qualifications. Any reference to political opinion should be removed from recruitment materials, and HR policies must prevent discrimination with regular training on unbiased hiring practices.

 

National Extraction factored into hiring decisions and not in line with legal requirements

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Recommendations

The facility must remove any hiring criteria based on national extraction. Recruitment processes should focus solely on job-related skills and qualifications, with HR training and periodic audits to ensure compliance.

 

Social Origin factored into hiring decisions and not in line with legal requirements

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Recommendations

The facility should eliminate any references to social origin from hiring criteria. Recruitment policies must be updated to focus solely on merit, with regular HR training and audits to safeguard against discrimination.

 

HIV / AIDS Status (real or perceived) factored into hiring decisions and not in line with legal requirements

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Recommendations

The facility must ensure that hiring decisions are based solely on job-relevant qualifications and abilities, without regard to HIV/AIDS status. HR policies should be revised to eliminate any such discriminatory practices, and staff must be trained on privacy and non-discrimination protocols.

 

Sexual Orientation factored into hiring decisions and not in line with legal requirements

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Recommendations

The facility must remove any reference to sexual orientation from hiring decisions. Recruitment materials and policies must be revised to focus solely on job-relevant criteria, and comprehensive HR training on diversity and non-discrimination is essential.

 

Pregnancy / Maternity Status factored into hiring decisions and not in line with legal requirements

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Recommendations

The facility must ensure that hiring practices are free from discriminatory references to pregnancy or maternity status. Recruitment policies should be revised accordingly, and HR staff should be trained on gender equality and non-discriminatory hiring practices.

 

Marital Status factored into hiring decisions and not in line with legal requirements

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Recommendations

The facility should remove any criteria related to marital status from hiring processes. Recruitment materials and HR policies must be updated to focus solely on job-related skills, and training on non-discriminatory practices should be provided to HR staff.

 

Race / Ethnic Group / Skin Color referenced and not in line with legal requirements

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Recommendations

The facility must remove any discriminatory references from recruitment materials. HR staff should be trained in non-discriminatory hiring practices, and periodic audits should be conducted to ensure compliance with both national laws and ILO standards.

 

Age factored into hiring decisions and not in line with legal requirements

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Recommendations

The facility must ensure that age is only considered when it is legally required and relevant to the job. All non-essential references to age should be removed from recruitment practices. Regular HR training and periodic audits are recommended to prevent age discrimination.

 

Nationality / Foreign Migrant Worker Status factored into hiring decisions and not in line with legal requirements

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Recommendations

The facility must eliminate any discriminatory references to nationality or migrant status from hiring practices. Recruitment policies should be updated to focus solely on merit, and HR training on diversity and non-discrimination is crucial.

 

Family responsibilities factored into hiring decisions and not in line with legal requirements

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Recommendations

The facility must remove any references to family responsibilities from hiring criteria that could lead to discrimination. All employment decisions should be based solely on job-related qualifications, with HR receiving training on equitable hiring practices.

 

Other ground(s) identified factored into hiring decisions and not in line with legal requirements

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Recommendations

The facility should review all hiring materials to ensure that no other discriminatory factors are included. Recruitment processes should be updated to focus solely on job-related skills and experience. Continuous HR training on non-discrimination and periodic audits are recommended to maintain full compliance.

 

Is the facility administering HIV / AIDS tests during the hiring process in line with legal requirements?

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Recommendations

The facility must ensure that HIV/AIDS tests are only administered during hiring if legally required and conducted strictly in line with national legislation. If testing is not mandated or is prohibited, the facility should cease this practice. HR and recruitment staff should receive training on the legal and ethical aspects of health testing, and policies should be implemented to safeguard candidate privacy and prevent discriminatory practices.

 

Sex / Gender referenced and not in line with legal requirements

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Recommendations

The facility should revise its recruitment materials to remove any unjustified references to sex/gender. HR policies must focus on merit-based criteria, and regular training should be provided to prevent gender bias in hiring.

 

Is the facility administering other infection or illness tests (e.g. Hepatitis B) during the hiring process in line with legal requirements?

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Recommendations

The facility must ensure that any infection or illness testing during recruitment is legally justified, non-discriminatory, and conducted with full consent. Policies should be updated, and regular monitoring should be carried out to confirm compliance with legal and ethical standards.

 

Is the facility failing to comply with any legal requirements not covered elsewhere regarding Discrimination in Recruitment and Hiring?

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Recommendations

The facility must ensure full compliance with all legal requirements concerning discrimination in recruitment and hiring. A thorough review of recruitment practices should be conducted, and any gaps should be corrected immediately. Regular training on non‑discriminatory practices should be provided to all hiring personnel.

 

Facility requires pregnancy tests that are not required by applicable legislation

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Recommendations

The facility must adhere strictly to legal requirements. Only conduct pregnancy tests when legally mandated for health and safety reasons. Review hiring procedures and train HR staff to eliminate any non‑compliant practices.

 

During the recruitment process, do materials such as job description or job application forms reference an applicant's race, ethnic group, skin color, sex (gender), religion, political opinion, national extraction, social origin, disability, HIV/AIDS status, sexual orientation, pregnancy/maternity status, marital status, family responsibilities, age (other than the legal minimum age) or nationality/foreign migrant worker status in a manner that is not in line with applicable legal requirements?

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Recommendations

The facility must revise recruitment materials to remove any discriminatory references. Only legally required criteria should be included, and HR staff should receive training in non‑discriminatory hiring practices to ensure fair and equitable recruitment.

 

Have race, ethnic group, skin color, sex (gender), religion, political opinion, national extraction, social origin, HIV/AIDS status, sexual orientation, pregnancy/maternity status, marital status, family responsibilities, age (other than the legal minimum age) or nationality/foreign migrant worker status been a factor in decisions regarding hiring in a manner that is not in line with applicable legal requirements?

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Religion referenced and not in line with legal requirements

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Recommendations

The facility must eliminate any discriminatory references to religion from its hiring practices. Recruitment materials should be reviewed and updated, and HR personnel should be trained to ensure compliance with non-discriminatory standards.

 

Political Opinion referenced and not in line with legal requirements

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Recommendations

The facility should ensure that hiring decisions are based solely on job-related criteria. Any reference to political opinion must be removed unless it is legally mandated. Regular reviews of recruitment practices and HR training are recommended to uphold non-discrimination. 

 

National Extraction referenced and not in line with legal requirements

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Recommendations

The facility must remove any discriminatory references to national extraction from hiring materials. HR should ensure that recruitment is based on merit, and ongoing training should be provided to ensure compliance with legal and international standards.

 

Social Origin referenced and not in line with legal requirements

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Recommendations

The facility must ensure that references to social origin are either removed or strictly aligned with legal requirements. Recruitment materials should be standardized to focus on qualifications and merit, and HR personnel should receive training on non-discriminatory practices.

 

Disability referenced and not in line with legal requirements

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Recommendations

The facility must remove any unjustified references to disability from recruitment materials and ensure that all hiring practices promote inclusion. HR policies should be revised to focus on the candidate’s ability to perform the job, and training on disability inclusion should be provided.

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