The job market's tight enough without firms making illegal demands in advertising, such as ``Must have English as a first language'. Lauren Mentjox reports
Zarko Mihic was shocked when he came across a job advertisement for a graphic designer that stated the applicant's first language had to be English.
Mr Mihic, says
the job - at Benefitz Printing in Mairangi Bay - came up on Seek, an online job search engine, because it has the same keywords as his profession of pre-press operator.
``I wouldn't apply for it,' he says, ``but as soon as I saw about the language, I saw that all people who are not Kiwi-born or native English speakers are out of the competition.
``It's a sign of discrimination.'
Mr Mihic has lived in New Zealand for 13 years since emigrating from the former Yugoslavia. He says discrimination goes on all the time, but he has never seen it written so plainly.
``It is hurtful,' he says. ``But it is more a matter of trust, because it shows that they don't trust people who are not like them.'
Mr Mihic has lodged a complaint about the advertisement with the Human Rights Commission.
Benefitz managing director Aidan Bennett says he wasn't aware the company had made a mistake until the Human Rights Commission contacted him last week.
``I didn't realise that was something we couldn't do,' he says. ``What we meant was that their English needed to be good and we thought that was the way we would put it. An important part of it is that their English has to be good because they are dealing with customers.'
Mr Bennett says the company has apologised and won't do it again.
Seek Employment New Zealand general manager Annemarie Duff says the company does not accept discrimination. ``Our rules are based on fair trading and advertising fairness.'
Ms Duff says casual advertisers can list jobs themselves and Seek is not always aware of problems.
If the company's site reviewers find advertisements breach rules, such as a stipulation of English as a first language, they would request the description be changed or removed, she says. ``There are lots of other ways you can ask for that.'
Human Rights Commission spokesman Gilbert Wong says most employers are aware of discrimination issues under the Human Rights Act. Despite that, he says a large chunk of complaints made to the commission each year relate to unlawful discrimination in employment and pre-employment. In the financial year to June 2008, 43 per cent of all complaints were employment- and pre-employment-related.
PLAIN ENGLISH
If an employer needs someone who speaks English fluently, what wording can be used in an advertisement?
The advertisement could state the job requires the successful applicant to speak English at a specified level of proficiency. An employer could indicate in the ad that short-listed candidates will undergo an oral competency test. This would provide an objective measure of oral competency. Only a few jobs will require this level of fluency and oral presentation.
Source: The Human Rights Commission's A to Z of pre- employment guidelines for employers and employees
18 06 2009
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