Professeur Jean-François Amadieu Directeur de l’Observatoire des discriminations et du Cergors Université Paris I Panthéon Sorbonne
EMPLOYMENT DISCRIMINATION The Situation Today and Future Research required. -Paper presented at Columbia University (NY) may 2005-
France arrived late but determined to fight discrimination within the labour market.(1) and to encourage diversity (2). Following media pressure and public opinion, a number of employer and political led initiatives were carried out without there being essential scientific data.(3)
1 Employment Discrimination Employment discrimination is as marked in France as in other countries. Only limited data has been available in France due to the nervousness of researchers and Public Authorities when collecting data such as on Race and Religion.
Research and sampling carried out by the ‘The Discrimination Research Centre’ has nevertheless given a better idea of discrimination at work , particularly at the time of hiring.
Several points need to be emphasised: - The number of different types of individuals or groups who are victims of discrimination. -
Discrimination because of physical handicap, age or ethnic origin at the moment of the recruitment at comparable levels. Physical appearance is equally important and obesity in particular. The same can be said of the home address, social origin, sex and number of children.
- The number of cases and the seriousness of discrimination must be treated with the greatest prudence when looking at policies aimed at favouring one minority in preference to another. - Discrimination is cumulative. The ethnic origin, home address (a suburb with a bad reputation for example), presumed religious membership, sex, and domestic situation such as a single-parent family all have a cumulative effect. - Discrimination is extensive, even existing employees are aware of this. - We have made several studies on this subject:
o By polls in May and November 2003 o By « testing » and mailing CV’s in May and November 2004 o By « testing » and mailing CV’s followed by interviews in May 2005
1.1 Poll Result
A general report at recrutement discrimination regarding the appearance A les mêmes chances N'a pas les mêmes chances Sans opinion
Agedmore than50 10%
89%
Pierced or tatooed
15%
82%
Handicaped
17%
81%
Physically unattractive
17%
81%
Obèse Fromnorth africa or africa
24%
74%
71%
26%
Homosexuel
49%
ADIA-jf Amadieu
44%
Discriminations sur l’apparence dans la vie professionnelle et sociale 15 mai 2003
Poll Observatory of discriminations/Sofres/Adia, May 2003
Ageneral report at employment discrimination regarding the appearance “whena company is lookingto employ someone and has the choice of twocandidates that are equally competent withthe same qualifications, accordingtoyouandwiththe list below, what makes themchose one andnot the other?”
82%
The look, howshe/he is dressed
64%
The physical appearance
44%
The speech Maybe a handicap
43%
The skin colour
31%
The mannerisma little tofeminine or masculine
31%
Rien de tout cela 2% Sans opinion 2%
% who have been directly or indirectly witness to discrimination regarding appearence at these particular moments 38%
During the interview working daily to get a promotion or a transfer
34% 26%
to obtain a manager position
21%
whilst getting fired
20%
To get a higher wage
20%
At any of these moments
30%
No answer 5%
Poll Observatory of discriminations/Sofres/Adia, May 2003
One in 5 is discriminated for his physical looks This questionwas asked to employees and those who are retired – a sample of 91% Have been discriminated Have been discriminated regarding appearance
3%
20%
During the interview
10%
working daily
10%
to get a promotion or a transfer
5%
To get a higher wage
5%
77% to obtain a manager position whilst getting fired
4%
2%
Never been discriminated
Poll Observatory of discriminations/Sofres/Adia, May 2003
1.2 May Testing 2004 (sending of CV) Statistical Sampling despite being a proven method of testing has been insufficiently used in France. In the labour market, it is particularly well adapted in identifying discrimination at the time of hiring. This method consisted of replying to job offers by sending CV’s and accompanying
letter, which were the same except for one distinguishing characteristic, which was to be tested. A sample of this type was done in May 2004 and in response to 258 job offers we were able to identify significant differences in the successes rates of the candidacies. A Handicapped candidate received 15 times less positive answers than a candidate with no distinguishing characteristic, a Moroccan man 5 times less, and a candidate aged 50 close to 4 times less. A man with unattractive features or again a candidate living in a sensitive area received equally fewer summons to an interview. A female candidate was not an object of discrimination when applying for a standard commercial position. Nevertheless, in another sample carried out in December 2004 it was noted that a woman aged 35 with 3 children was clearly discriminated against to the advantage of a younger woman, unmarried and with no children.
Number of replied offers 258, 1806 CV addressed. In total the replies per sample
90 80
14
10
70
Réponse négative Réponse positive
60 14
50 Nombre réponses
17
40
69
30 20 10 0
11
20
45
33 14 Origine Apparence ethnique disgracieuse
75
18
20
5 Age
Mauvais quartier
Femme Candidat de Handicap référence
Variables
(14 Ethnic origin, 33 distasteful appearance, 20 age, 45 sensitive area,
69 woman, 75 candidate with no distinguishing characteristics, 5 a handicapped person.)
1.3 May Testing 2005 (Sending of CV’s followed by interviews) The sample had to be extended to accommodate unanswered questions. notably: -
What would have happened had our candidate being invited to an interview having had his CV selected. Would all candidates have an equal chance? - Where a specific characteristic is not evident from a CV, would discrimination become evident at the time of the interview? - Would a candidate with apparent better qualifications but with cumulative discriminatory characteristics be at a disadvantage? (For example a North African woman residing in a sensitive area)? - Can we see that a West Indian is discriminated against? - Similarly is there similar discrimination with regard to one who is overweight or obese?
To reply to these questions we used a method recommended by the BIT (International Labour Office) which consisted of preparing candidates for employment but examining the discriminatory characteristics at every stage of the employment process.(selecting from CV’s, interviews). The candidates that presented themselves were all professional actors. One can thus be assured that the interview technique and appearance of our
candidates was similar and of even quality. Suitable candidates therefore presented themselves for interviews. In order to analyse the manner in which the job interviews developed, we recorded all discussions and filmed several of them (The employers concerned obviously remained anonymous)
The type of employment chosen was one that would attract a large number of offers and with reasonable luck- a quick reply. The choice of jobs were those requiring 2 years experience subsequent to High School and where employers wanted to fill the positions quickly given the shortage of suitable candidates. CV’s already sent for these types of position indicated a good sample with which to make a comparison. We recruited 6 actors – each with a distinct characteristic. The candidates were well prepared to confront the recruitment process: - Professional Preparation of their CV – -Training in communicating by phone (interviews) -Training in recruitment and interview technique. -Improvement of speech - change in looks, improvement of the Image and gesture - Coaching in using body language..
We pre-selected a group of actors who were then filmed by a specialist company, so that we ended up with: A white Man aged 33 years A Man aged 50 A Coloured man- a native of the West Indies. ． ． A Handicapped man (3) 1
An obese man A Woman of North African origin The interview techniques of the candidates were filmed and judged before, during and after their training.It was therefore possible to ensure that candidates having sent their CV, telephoned and arranged an interview would be similar or perhaps better than those candidates who had had no preparation at all. The good manner of speaking and self assurance common to each candidate ensured that only the distinguishing characteristic would influence the success or otherwise of the interview, given the similarity of CV’s and contact by telephone.
1
It is a matter of a visible handicap but that is not heavy or invalidating
(for instance, fingers lacking on the left hand)
We replied in February and March 2005 by letter or by e-mail to 325 job offers. This, in total came up to sending 1950 CV’s with an accompanying letter. At this point, we did not chose to indicate that our candidate was handicapped. In May 2004, marked discrimination was shown where the candidate was known to be handicapped (recognition Cotorep mentioned in the CV). Therefore, this time, we decided to send 2 CV’s with equal references so that nothing could differentiate both candidates. Our female candidate’s CV from North Africa was made deliberately to be better than any other CV (promotion officer, successful figures, team supervision) The 6 CV’s are therefore the following ones
1.A white Man reference CV 1, 2.A white Man reference CV 2, (handicapped but no one knows) 3.A Coloured man- a native of the West Indies. 4.An obese man 5.A Woman of North African origin with an improved CV 6.A Man aged 50 The preparation and the selection of the candidates were filmed (How our candidates were chosen amongst them all? What are the competence of
candidates? How the training is dealt with ? At what level of competence did they get too?) Results of sending CV’s For 325 job offers, here is a distribution of 272 positive answers per candidate.
Positive answers 90
82
80 70
64
60
56
50 Réponses positives 40 28
30
17
20 10
la is nt il
C an d. A
R ef .1
0 R ef .2
25
Both candidates that showed no distinguishing characteristics received more than half of positive answers ( out of 272 answers)
9%
6% 30%
10%
21%
Ref. 2 Cand. Antillais Femme Or. Maghrébine
24%
Ref. 1 Obésité Cand. Âgé
One can identify that both candidates together monopolize 54% of positive answers.
Calling for interviews vary according to the sample testing.
90 80
Nombre de réponses
70 Réponses positives
60
Réponses négatives
50 40 30 20 10
Cand. Âgé
Femme Or. Maghrébine
Obésité
Cand. Antillais
Ref. 1
Ref. 2
0
Candidates with no distinguishing characteristics : There isn’t a significant difference in the amount of favourable replies for both candidates that have no distinguishing characteristics2. This report is logical since one of the CV’s indeed did 2
Within a risk of error of 1% or up to 5%, the conclusion is not
significant.
not reveal the candidate’s handicap. Only a coincidence and a slight physical difference in the face of both candidates could explain such a slight difference between both CV’s.
West Indian candidate:
Our West Indian candidate obtains roughly the same amount of favourable replies than our candidates that have no distinguishing characteristics (although less positive answers) but has a significant amount of positive answers compared to one of the candidates. We can therefore relate to a sort of discrimination (in comparison with one of the candidates but not the other.) Although our West Indian candidate definitely outclasses the three others who are victim of discrimination.
Three candidates have obtained considerably inferior results compared to the three other candidates, those are: the obese candidate, the candidate from North African and the 50 year old candidate3.
Obese candidate:
3
Between these three candidates, the difference is not significant
The candidate whose face is overweight, is no longer in the recruitment process. The photo on the CV was definitely the reason to the rejection of his candidacy. This is the first time that the effect of being overweight when job applying is tested. The result confirms the poll that we carried out in which the French considered that 74% of obese people had not the same chances to be hired4.
A candidate of North African origin
Our candidate of North African origin living in a sensitive area and who nevertheless, has the best CV, is indisputably discriminated. And although the candidate’s competence are superior to any other of the 5 CV’s, she never got the chance to get an interview. Indeed her CV was a lot better than the others, not only with her degree, but she also mentions a progression of 20% per year of her sales (600 K.euros). And she also is in charge of 2 commercials in her team. In all good logic, she would have, at least, obtained the same amount of favourable replies as one of the candidates that have no distinguishing characteristics if competence and experience had been the first criteria. Now, in reality, she obtains 3 4
Observatory of Discriminations /Adia/Sofres May 2003
times less favourable answers! The employers should not have only taken into account her school and professional successes, but they should have also taken into consideration the fact that she obtained her degree in maybe harsh circumstances, as in, inequality of school and professional hard luck (a woman, native of North Africa, maybe of modest origin that lives in a suburb and not in the capital like all other candidates).
We had made sure that the face of our candidate would be at her advantage and that probably her name and first name was the reason that she never got the interview5. We can see this because one other candidate is of black skin and carries a first French and family name. (Indeed, he
5
We actually had the faces of our candidates evaluated in beauty so that
from a sample of 50 students from the University of Paris 1, the North African candidate, along side with the West Indies candidate, was claimed to have the nicest looking face. PHOTO note out of 10 Obèse Âgé Réference 1 Référence 2 Antillais Femme or. Maghreb
2,08 4,21 4,48 4,51 5,15 5,25
received as many favourable replies with a less good CV). We had already revealed in May 2004 that a native man from the Maghreb received, as for the same type of CV, 6 times less favourable replies than a candidate with no distinguishing characteristics.
Elderly candidate:
The discrimination because of the age is important: He received 4 times less favourable replies than our favoured candidate. Already in May 2004, we stated the obvious when it came to this type of discrimination (and by a poll in May 2003) but this time, the phenomenon anti-youth is even stronger. Besides this can be confirmed just by analysing the amount of job offers during the period of this investigation. - 5.6% is the total of the collected offers that indicate an age criteria for whatever position at this period of investigation (191 on 3408 job offers) - 13.9% offers mention an age criteria for a commercial position (144 on 1039 commercial job offers). It is necessary to emphasize that these job offers are likely to expose the businesses to penal pursuits (it is a matter of offence). The ambiguous knowledge of the legal framework, the feeling that choosing an age is of no impunity therefore it explains these behaviours. We had not replied to job offers that were, in all illegality, discriminating automatically our candidate of 50 years seeing that he
would have less of a chance to be taken up. If we had answered these types of offers, the success rate for our man of 50 years would have diminished. Our candidates that appear to be discriminated, are they summoned in different types of businesses or for different types of employments?
The analysis shown below proves that the business’s geographic situation also plays an important part. Both candidates with no distinguished characteristics would have a greater choice than to stay in the capital whereas, the others are more likely to have the choice from companies that are in the Parisian suburbs. Number of calls for interviews in Paris Nombre de réponses positives àNombre un entretientotal de d'embauche àréponses positives % Candidats Paris Réf. 1 20 64 31,25 Réf. 2 17 82 20,73 Cand. Antillais 11 56 19,64 Cand. Âgé 2 17 11,76 Femme Or. Maghrébine2 28 8 Obésité 2 25 7,14
Number of calls for interviews in Paris 25 20
20
17
15 11 10 5
2
2
2
Cand. Âgé
Femme Or. Maghrébine
Obésité
0 Réf. 1
Réf. 2
Cand. Antillais
One can notice clearly in the Paris area, the percentage of favourable replies was notably higher for those candidates non or only slightly discriminated against.
31,25
Cand. Âgé
Cand. Antillais
11,76
8
7,14
Obésité
19,64
Femme Or. Maghrébine
20,73
Réf. 2
35 30 25 20 15 10 5 0
Réf. 1
%
Percentage of favorable replies for an interview in Paris
Result of interviews We had altogether 44 interviews. 5 candidates went through the interview (the obese candidate did not participate during this phase of the research). candidate with no distinguishing characteristics 1 He had 12 interviews that went extremely well. He got 11 favourable replies following the interview. The equivalent of a successful rate of 91.66%! He was prepared for the interview and did not have any discriminating characteristics, it is therefore logical that he should obtain such a successful rate. Handicapped candidate He had 15 interviews that went extremely well. 7 interviews were definitely a success. Known as what could be a 46.66% of success rate. This success rate is clearly inferior to the success rate of the candidate 1. Obviously the handicap of our candidate 2 at the time of the interview was the cause for his downfall. Although his handicap was not on the CV, he was nonetheless asked to 15 interviews and therefore our candidate finds a job without difficulty.
Candidate of 50 years
The successes rate is of 20%. This candidate did not receive a favourable reply following his 5 interviews. Nor by phone, nor by email. And yet a few interviews had gone well. The outcome of one interview was that the candidate could chose to work there. On the other hand, interviews was not his strong point. We have to add that this candidate had met difficulties during the five interviews on the phone and yet the initial reply to his CV had been favorable.
North African candidate She had 9 interviews, the success rate is very good. 6 favourable replies from of the employer (with calls and reminders coming from the employer). The success rate is of 66.66%. Our candidate is completely convincing to those employers that had called her for an interview and who knew of her ethnical background. The businesses or the actual jobs were not always of first class but we must admit that a well known insurance company were keen on taking her on. Our candidate nevertheless met certain discomforts whilst at different interviews:
- The recruiter is not present the day of the interview, day chosen by himself (the recruiter never called back for another time) - The offer is favourable if the candidate accepts to work for one day trial - She also found herself at some false interview (it was an advertising operation).
West Indian candidate This candidate had 3 interviews. One interview failed because our candidate was not sure of his availability. Another time, following an open day, one company suggested that he should do a day’s trial to see whether he would be taken on. We could ask ourselves what exactly comes out of a day like that. The last interview although very positive, is not yet known to our knowledge whether he would get the job or not. At that time, he was interviewed by a West Indian. - The relative success met by all our candidates following an interview is of course shown by the actual percentage of the CV and the selection done. This indeed is a hold to the system. Our Northern African candidate revealed to be very convincing. Unfortunately, her CV was put aside almost immediately. Our handicapped candidate showed all his qualities during the interviews. Discriminatory phenomenon could be observed (by
comparing interviews in the same companies but with the second candidate that has no distinguished characteristics) and the success rate of the handicapped candidate is not as good as the other candidate although he had sent a lot more CV’s. But concerning his employment, he has had many favourable replies. Undeniably, the rate of employment has considerably improved. In our sample in May 2004, a candidate acknowledging his handicap on his CV only obtained 5 favourable replies out of the 258 CV’s sent out. This time, 82 favourable replies were obtained. The success probability is evidently stronger. The fact that a CV should stay as anonymous as possible would indeed give a chance to all candidates to get an interview. - - The fact that our candidates were well prepared for the interviews only gave them a better chance to succeed. Interview preparations should systematically be offered to the candidates that are looking for a job. - Questionnaires filled in whilst at an interview or even questions given to the candidates have very often nothing to do with the actual employment. They aim to have access to information to the candidate’s private life: marital situation (married, divorcing, in free union), children, profession of the spouse or companion, owner or tenant of the lodging... Such questions are subsequently against the law but, considering the frequency
of these types of questions, one can think that it is just simply unknown to the legal framework and/or that the feeling of impunity is general. An approach to as to a reminder of the law would seem important in this domain. - The types of employments suggested to our candidates differ. Employments of not such good quality are more often aimed at candidates that already are discriminated. Thus can it be a matter of a false recruitment (advertising operation), of an obligatory training for a week without getting any pay and without guarantee of being taken on, of a provisional employment for the needs of a cultural aspect, or of a pay that has no proper set up. The chances of having an interview in a top company or for just an interesting employment, is less probable for our candidates that are discriminated just with their CV. - -Equally, the attitude set by the employers differ according to the profile of our candidates. The candidates that are subject to discrimination are faced with behaviours or situations that our candidates who have no distinguished characteristics are not aware of : meetings cancelled without warning, waiting endlessly (45 minutes for a 5 minute interview), an assistant that can not employ anyway is the one that shows up at the meeting, the recruiter never turns up, the recruiter never looks up to the candidate, the position,
the pay, the latest experience are subjects that are not necessarily spoken of during the interview.
2 The actions to be taken Actions were engaged to find a solution against discriminations in the labour market and reflection on this type of evidence has been widely engaged to progress in a quick and a decisive way in this domain. 2.1 When it comes to fighting against discriminations, the French law is particularly complete. - The definition of certain types of discrimination is defined in the law of 2001 and is extremely inclusive (nothing is forgotten: age, kind, union, political membership, physical appearance, race, sexual preferences….). In addition, many texts fight against discriminations and for equality (laws for professional equality man women, laws in favour of the Handicapped, laws on the representation of the personnel and the union right…).
- The load of proof is inverted (this is, the employer has to now prove that there is no discrimination) - - All the aspects of work life are concerned (hires, training, salary, dismissal …)
- It lacked a national instance in measure to receive complaints from victims, so to then help them, to investigate in the companies. Henceforth, under pressure of a European directive this is now the case with the HALDE (the equivalent in English is of a High Authority that Fights against Discrimination and Inequality) that should be operational in June 2005. 2.2 The authorities question equally the development of the collective bargaining There already are obligations for example, negotiating on equality Men/ Women in companies. Whilst at a conference on the equality in March 2005, the Prime Minister invited the social partners to open negotiations on non-discrimination, variety and equality. Some exemplary firms have already signed important agreements as PSA Peugeot Citroën. 2.3 The majority of the great companies got together for ethical engagements notably while signing the charter of the Institute Montaigne (a think tank employer). Their approach, often logical, privileges the employer’s initiatives rather than the law (to punish discriminations or create again proper rules). They hardly do not discuss or negotiate with the unions in this domain. The latter have besides signed a common text at the national level to ask for negotiations to the signatory companies that have various charts.
2.4 Today, two competing approaches exist when it is a matter of finding a solution for inequalities linked to the source (visible minority, cultural origin, phenotype). On one hand, the approach by these measures are what we call positive discrimination (priority employment to equal competences for a minority, quantitative objectives of hiring minorities). This is set up in order to see progress for a certain diversity. (this has been proven to work). On the other hand, the approach is also fighting discriminations and the proving the difficulty in hiring. In the latter case, this is the chance of equality, while progressing, it will create a number of various teams.
3 Some research perspectives 31 It could be judicious to have access to a state so that we can compare this place with France and the United States, so that we could measure the progress in the future when it comes to discriminations and to hiring. A testing on several discrimination samples, taken on employments in back offices should be set jointly together for a greater sample. To take this testing into consideration, several samples are necessary in the discrimination keys (kind, race, handicap, obesity, age, etc). 3.2 One can think that certain recruitment techniques will give less of an opportunity to discrimination and will allow optimising the handy work. Sending out impersonal CV’s by cutting out certain bits of information,
setting up quotas or quantitative aims, teach the recruiters how to behave, make them practise often, use professional tests, reduce the area where the interview is taking place, decide collegiate, etc. The comparison between the techniques used and the measure of their effects on the improvement of recruitments (less discrimination and recruitment of better candidates) would be particularly important. Initiatives coming from businesses or administrations and of public agencies in this field could be the object of an analysis (What are the effects of these good practices?). Do the different legislations have a significant impact on the manner to recruit employees and on the quality of recruitments ? 3.3 The fight against discriminations and the research of the great variety calls for a renewal of the themes regarding the collective bargaining. The unions negotiate themes up till then reserved to the employers (technical of recruitment for example). One can wonder in what the unions are associated and how they are leaders in political nondiscriminatory on the labour market in France just as in abroad. One is shocked by the weak scientific interest for the analysis of recruitment techniques, by the insufficiency of measures regarding the discriminatory phenomena and by the inexistence of compared works in these fields. It is on these bases that we should start working on.
.
