Results 1 to 5 of 5
  1. #1
    Join Date
    Aug 2007
    Location
    Melbourne, Australia
    Posts
    456

    Default Are your online recruitment systems discriminatory?

    A recent case before the Queensland Civil and Administrative Tribunal (Willmott v Woolworths Ltd [2014] QCAT 601) found that questions used by Woolworths in it’s online application system were discriminatory.

    Mr Willmott wanted to apply for a job advertised by Woolworths and had to do so via their online application system. Mr Willmott objected to the mandatory requirement to provide date of birth, and gender, plus a further requirement to upload documentary evidence of the right to work in Australia.

    The tribunal found that these requirements were discriminatory, as the information at the application stage was not necessary for any lawful purpose.

    On date of birth, Woolworths argued that it was necessary to establish that the applicant was over 18 years of age because they might be required to sell alcohol, but Senior Member Oliver in hearing the matter found that Woolworths could have ascertained this with a simple question asking applicants to confirm that they are over the age of 18.

    Woolworths tried to justify requiring information regarding gender to meet workplace gender equality reporting requirements. Senior Member Oliver found that the legal requirement to provide relevant data to the Commonwealth was not actually in place when the complaint was made by Willmott, but even if it had have been the gender of the applicant would be self evident at an interview, and was not relevant in any case at the application stage.

    As for proof of the right to work in Australia, the tribunal found that there was no legal requirement for such proof at that stage of the application process. Rather than requiring personal and private information from every applicants, it was suggested that it would be more appropriate to require such proof much later in the process, before a job offer was made.

    Total compensation of $5,000 was awarded for the embarrassment and humiliation, as well as for the 'loss of a chance' (to be employed).

    By the time of the hearing Woolworths had taken steps to change the online application form.

    Full-text: QCAT14-601.pdf

  2. #2
    Join Date
    Apr 2012
    Posts
    196

    Default

    Yep.. we all get the issues around discrimination and what not to ask candidates etc. But frankly, the reality of hiring for some businesses is they do need to know the age and, on occasion the gender, of who they need for a job. In particular, the hospitality industry only wants the young things, to keep their salary costs to a minimum. I'm astounded by the number of instore window signs for 'Juniors" I see in fast food and restaurant, some even specify the age. Totally illegal, but who has time to waste being polite to those you have no plans to hire when you are trying to serve customers.

    There are WH&S considerations in many jobs related to eg: size of weights which can be lifted - women can't do the heavy weights so obviously only a man will be considered for those jobs.
    And at the other end of the spectrum, some businesses really do need to consider the teams they are hiring into so fit is critical - they may want balance of gender but also have to consider the age issue - a teen may not necessarily gel with an older established work group and vice versa, an older person may not necessarily gel with a bunch of 20 yr olds.

    Another point, touched indirectly on in the Woolworths case is quotas. How many times has anyone had to select a tick box which asked if one is an aboriginal or torres strait islander when completing online application forms - try to skip the question and the application is blocked and you can't proceed. Is that not discriminatory?

    Furthermore, what about those women's quotas (equal opportunity for women from memory) from the l990s. Every year we'd have to waste time filling out forms as to how many women were in what jobs and answer questions on the aboriginal/torrest strait islander issue. I recall my standard response was, how would I know if someone is of that descent since we are not allowed to ask them!!

    So I have some sympathy for Woolworths and other organizations facing the same issues. Employers simply have to become more creative and clever with the questions asked to avoid wasting their (and candidate's) time in having to interview those who'll be eliminated anyhow due to the org's real criteria.

    It's about time some common sense was permitted instead of the overly legislative country Australia has become.

    Tiger

  3. #3
    Join Date
    Aug 2007
    Location
    Melbourne, Australia
    Posts
    456

    Default

    Tiger,

    I agree that we are over regulated in Australia, but not when it comes to equal opportunity.

    We have legislation around equal opportunity and anti discrimination for a good reason, because discrimination, in its various forms, makes some peoples live a misery and often condemns them to long term unemployment.

    I don't view advertising for "juniors" as a problem, assuming the word means "people below adult age". It is probably not discrimination from a legal perspective, indeed the salary offered probably precludes the business from advertising it any other way. We can thank our high adult minimum wage for that one.

    As for WH&S considerations, excluding women on the basis that men are stronger is highly discriminatory and cannot be justified. There are plenty of fit, strong women out there who are just as capable as many men when it comes to safe unassisted lifting limits. You could just as easily hire a man with a dodgy back and have him on workcover for evermore.

    Anyway, there's an easy solution for employers rather than resorting to discrimination, simply describe the lifting requirements in the job spec and let the applicants decide whether they are up to the task. I've seen a municipal council do this with all their job descriptions.

    In Woolworths case I have no sympathy whatsoever. Asking the date of birth and gender of every applicant for every job at the application stage is outrageous and shows blatant disregard for the law. All they need to know, for some of their positions, is that the applicants are over 18.

    Our largest employers should be leading by example!

  4. #4
    Join Date
    Feb 2012
    Location
    Queensland
    Posts
    56

    Default

    No doubt Mr Willmott would be a model employee

  5. #5
    Join Date
    Jul 2007
    Location
    Perth WA
    Posts
    45

    Default

    Hi,

    Here are some non discriminatory ways to screen online applicants while still making sure that business requirements are met.

    1. Make sure your advertising specifies all essential tasks that the successful applicants will be doing. Also make sure that Job Descriptions state the approximate percentage of time that the person will be doing different parts of the job so they know how much lifting etc is involved.

    2. If the heavy lifting, or anything else for that matter, only needs to be done occasionally then it should not be a requirement.

    3. When designing application forms, they should be job specific, not broad based.

    Here are some questions you can ask, which will address your business needs without discriminating.

    Are you willing and able to spend a large part of your day undertaking heavy lifting/moving etc?

    Are you prepared to sit at a computer for long periods while using a keyboard/mouse and talking over the phone?

    Do you consent to a Criminal Records Check?

    By asking questions that directly relate to the actual job responsibilities, you allow quality applications to be read, while ensuring you get someone who will be an asset to your company.



    Michaela

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
P&C Advisor - Melbourne
Posted on 28 Mar 2024 at 4:30am

HR Business Partner - ER - Hills District
Posted on 28 Mar 2024 at 2:22am

VPS5 Senior People Partner - Melbourne
Posted on 27 Mar 2024 at 11:21pm

VPS5 Senior TA Partner - Contract - Melbourne
Posted on 27 Mar 2024 at 11:20pm

RD Writer - Contract - Sydney
Posted on 27 Mar 2024 at 11:20pm

VPS4 HR Business Partner - Contract - Melbourne
Posted on 27 Mar 2024 at 11:16pm

Rostering Officer - Contract - Baulkham Hills
Posted on 27 Mar 2024 at 2:52pm

Workplace Relations Advisor - North Sydney
Posted on 27 Mar 2024 at 4:05am

A06 HR Business Partner - Contract - Brisbane
Posted on 26 Mar 2024 at 11:05am

HR Advisor - Perth
Posted on 26 Mar 2024 at 1:50pm

Employee Relations Manager - Sydney
Posted on 26 Mar 2024 at 1:56am

HR Business Partner - Contract - Perth
Posted on 25 Mar 2024 at 8:31am

HR Manager (Part-Time) - Permanent - Footscray
Posted on 25 Mar 2024 at 8:29am

HR Advisor - Sunshine Coast
Posted on 24 Mar 2024 at 9:48pm

HR Administrator - Contract - Brisbane
Posted on 24 Mar 2024 at 9:49pm


 

Powered by vBadvanced CMPS v4.2.1