Job Discrimination

[emad]

Hi all :

I am interested in knowing if the law in Europe ( e.g. UK ) regarding jobs does NOT allow discrimination in job processing and advertising for the jobs . Yesterday , i saw an advertisment here for Physiotherapist required and it specified female Physiotherapist . Really , i do NOT know if this is sex discrimination ? What are your Views ?

Cheers
Emad

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[physiobob]

I am not sure on the lines on the sexual discrimination as it applies to private companies. I am sure that there are laws prevailing within overnmental departments unless you can justify that only a female could do this role. This could well be the case for permanent positions in some areas of women's health, especially when dealing with certain cultural backgrounds.

In private practice this also is a consideration however I would like to think that if I want to advertising for a male or a female applicant then I should be able to do so. I would have different skills for some jobs and different genders for other needs, e.g. treating my Arab female clients. The CSP may have rules and regs on this for it's advertising in it's magazine. Discrimination is defined under the law and I think this relates only to a situation where a position could be just as easily be filled by either gender. In some areas people also try to get a balance in their staff so might be wanting to increase the count of one or other gender.

Overall if this is the need of the employer then this will be the result of inteviews in any case. So by being honest and saying that one if looking for wither a male or female may save the others a lot of wasted time.

Any other thoughts?

[emad]

I think the patient has all the right to choose male /female therapist , but pre-condationing of vacant job for certain sex is not fair at all .

[physiobob]

I think the patient has all the right to choose male /female therapist , but pre-condationing of vacant job for certain sex is not fair at all .

Yes but no point having a male employee in a clinic that does incontinence retraining to muslim women! The issue is much bigger than who is just as well trained and it is way to easy to suggest that it might be gender discrimination to consider more specific candidates. It is more about customizing your need to the publics wished. After all if we were a corporate retail store and were forced to carry every designers clothes we would ont be in business for very long.

[physiobob]

Here's some more information from the UK's consumer guide to sex and race discrimination. There is a key comment in this literature that states:

Recruitment (although sex discrimination will be lawful if one of the defined genuine occupational requirements applies e.g. the job needs to be held by a man to preserve privacy and decency, or a role in a performance needs to be held by a woman for reasons of authenticity)

Discrimination in recruitment and advertising job vacancies

Employers should use gender neutral terms when advertising for staff. For example, adverts for a 'postman', 'waitress', 'salesgirl', which use a job description with a sexual connotation, are likely to contravene the Sex Discrimination Act. Occasionally, however, an employer may be able to lawfully discriminate on grounds of sex or race, for example, a department store could legitimately advertise for male applicants to play Father Christmas.

When interviewing applicants for a job, the best approach for an employer to adopt is to ask the same questions of each applicant.

Indirect sex discrimination

In the employment field

This is where a provision criterion or practice is applied (or would be applied) to both sexes but which puts one sex (or married persons) at a particular disadvantage and cannot be shown to be a proportionate means of meeting a legitimate aim. For example, a requirement to work full-time might be unlawful discrimination against women.

Discrimination in the employment field

In general, it is unlawful for an employer to discriminate directly or indirectly on grounds of sex or marriage in:

* Recruitment (although sex discrimination will be lawful if one of the defined genuine occupational requirements applies e.g. the job needs to be held by a man to preserve privacy and decency, or a role in a performance needs to be held by a woman for reasons of authenticity).

* Treatment at work (but note that claims relating to discrimination in contractual pay and benefits are brought under the Equal Pay Act).

* Dismissal.

Discrimination on the grounds of gender reassignment, discrimination on the grounds of pregnancy and maternity and harassment are also expressly prohibited in the employment field (see above).

Discrimination against ex-employees is also covered by the SDA where the discrimination complained of is related to the previous employment.

Employees (and potential employees) have rights under the SDA whatever their length of employment and whatever hours they work.

The SDA applies even if some of the work is to be done outside Great Britain. Even if the employee works wholly outside of Great Britain, they are still covered by the SDA if their employer has a place of business at an establishment in Great Britain and the work is for the purposes of the business carried out at that establishment; and the employee is ordinarily resident in Great Britain at the time when he applies for is offered the employment, or at any time during the course of the employment.

The SDA also protects people who are not "employees" in the sense required for some other employment rights, such as the right not to be unfairly dismissed. It protects people engaged under a contract personally to execute work or labour. Contract workers whose labour is supplied by their employer to another person (the principal) are protected against discrimination by the principal. Office holders are now also protected under the SDA. There are special provisions prohibiting discrimination

* by firms against partners or potential partners
* by trade unions and employers' organisations against members or potential members
* by authorities or bodies in conferring authorisations or qualifications needed for or facilitating engagement in a particular profession or trade
* by people providing vocational training including all forms of unpaid practical work experience and vocational guidance.
* by employment agencies
* by or in relation to barristers or advocates.

[emad]

Thanks Physiobob :

Just the whole issue is a personal ( individaul ) matter , i see it unlawfully to make it organisational ( both public and Private ) whatever the reason . Honestly , it turned out to be discrmination against the female herself through wider view( of course not ready to explain that ) .

Thanks
Emad