FAQ

What if hiring is more complex than we think?

DISCRIMINATION IN EMPLOYMENT: BEWARE!

Company Y intends to recruit a new employee as part of its development. However, the employer is concerned about including language that could be perceived as discriminatory.

The Labour Code prohibits the employer from introducing discriminatory references related to age, sex, nationality or disability.
Sexist statements also remain prohibited.
During a recruitment procedure, the employer may not reject a candidate on the grounds of age, pregnancy, religion, sexual orientation, morals, sex, origin or family status.

This type of discrimination is also punishable under the Criminal Code and applies from the time the offer of employment is made until the decision to hire is made.

During the interview phase, questions should only be related to the position to be filled and should not relate to any of the grounds for discrimination that may be exercised by the future employer.

In particular, it is not allowed to ask questions about the applicant's family situation or plans for pregnancy.
With regard to the final hiring decision, the refusal to hire a candidate should be based on his or her unsuitability for the position and not on a discriminatory ground.
The employer should never indicate that the refusal of employment is related to religion or sexual orientation, which has happened in the past.
In order to avoid the refusal of employment being characterised as discrimination, the employer should make sure that the offer is formulated in great detail so that the refusal is based on the stated requirements.
It will be up to the applicant to bring all the objective and concrete elements proving that he or she has been discriminated against.

Do it yourself be accompanied by an expert lawyer to avoid any difficulties related to hiring an employee.