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
ADIA-jf AmadieuDiscriminations sur l’apparence dans la vie professionnelle et sociale
15 mai 2003
24%
17%
17%
15%
10%
44%
71%
74%
81%
81%
82%
89%
49%
26%
A les mêmes chances
N'a pas les mêmes chances
Sans opinion
A general report at recrutement discrimination regarding the
appearance
Agedmore than50
Pierced or tatooed
Handicaped
Physically unattractive
Obèse
From north africa or africa
Homosexuel
Poll Observatory of discriminations/Sofres/Adia, May 2003
31%
31%
43%
44%
64%
82%
2%
2%
A general report at employment discrimination regarding the appearance
The look, how she/he is dressed
The physical appearance
The speech
Maybe a handicap
The skin colour
The mannerism a little to feminine or masculine
Rien de tout cela
Sans opinion
“when a company is looking to employ someone and has the choice of two candidates that are equally competent with the same qualifications, according to youand with the list below, what
makes them chose one and not the other?”
5%
30%
20%
20%
21%
26%
34%
38%During theinterview
working daily
toget a promotion or atransfer
toobtaina manager position
whilst getting fired
To get a higher wage
At any of these moments
No answer
% who have been directly or indirectly
witness to discrimination regarding
appearence at these particular moments
Poll Observatory of discriminations/Sofres/Adia, May 2003
One in 5 is discriminated for his physical looks
77%
3%
20%
Have been discriminated regarding appearance
2%
4%
5%
5%
10%
10%During the interview
working daily
toget a promotion or atransfer
To get a higher wage
toobtaina manager position
whilst getting fired
This questionwas asked toemployees and those
whoareretired–asampleof 91% Have been discriminated
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
14
20
33
17
20
1145
14
69
14
75
10
5
18
0
10
20
30
40
50
60
70
80
90
Nombre
réponses
Origineethnique
Apparencedisgracieuse
Age Mauvaisquartier
Femme Candidat deréférence
Handicap
Variables
Réponse négative
Réponse positive
(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 man1 (3)..
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
82
64
56
2825
17
0
10
20
30
40
50
60
70
80
90
Ref. 2
Ref. 1
Cand.
Ant
illais
Réponses positives
Both candidates that showed no distinguishing
characteristics received more than half of positive
answers ( out of 272 answers)
30%
24%21%
10%
9%6%
Ref. 2 Ref. 1Cand. Antillais ObésitéFemme Or. Maghrébine Cand. Âgé
One can identify that both candidates together monopolize 54% of
positive answers.
0
10
20
30
40
50
60
70
80
90
Nom
bre
de r
épon
ses
Ref
. 2
Ref
. 1
Can
d. A
ntill
ais
Obé
sité
Fem
me
Or.
Mag
hréb
ine
Can
d. Â
gé
Calling for interviews vary according to the sample
testing.
Réponsespositives
Réponsesnégatives
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 2,08 Âgé 4,21 Réference 1 4,48 Référence 2 4,51 Antillais 5,15
Femme or. Maghreb 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
Candidats
Nombre de réponses positives à un entretien d'embauche à Paris
Nombre total de réponses positives %
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
20
17
11
2 2 2
0
5
10
15
20
25
Réf. 1 Réf. 2 Cand.Antillais
Cand. Âgé Femme Or. Maghrébine
Obésité
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.
Percentage of favorable replies for an interview in Paris
31,25
20,73 19,64
11,768 7,14
05
101520253035
Réf
. 1
Réf
. 2
Can
d.A
ntill
ais
Can
d. Â
gé
Fem
me
Or.
M
aghr
ébin
e
Obé
sité
%
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 non-
discriminatory 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.