The Equality and Human Rights Commission (EHRC) has revised its guidelines concerning job advertisements to eliminate discriminatory practices, specifically focusing on issues of sex and gender identity.
This move aims to clarify what constitutes lawful and unlawful language in job postings, ensuring fair treatment for all applicants, including transgender individuals.
Updated guidance
The updated guidance emphasises the importance of inclusivity and non-discrimination in the recruitment process.
Employers are advised to avoid specifying preferences for particular sexes or gender identities unless they can demonstrate that such criteria are genuinely essential for the job in question.
This shift is intended to curb the misuse of “genuine occupational requirements” (GOR), which have previously been exploited to justify biased hiring practices.
Language used
One significant aspect of the new guidelines is the focus on the language used in job adverts.
The EHRC urges employers to adopt gender-neutral language and avoid terms that might deter candidates of any gender.
For instance, words like “waitress” or “handyman” should be replaced with “server” or “maintenance worker” to ensure all candidates feel welcomed to apply.
Self-identification
The guidance also addresses the contentious issue of self-identification for transgender applicants. Employers are reminded that it is illegal to discriminate against someone based on their gender identity or their decision to transition.
The EHRC stresses that job adverts should not imply that a certain gender is required unless it can be justified under the GOR provision.
Additionally, the guidelines recommend that employers provide clear, objective criteria for job qualifications and responsibilities. This transparency helps to prevent indirect discrimination, where vague or subjective requirements could unfairly exclude certain groups of people.
Employer practical steps
The updated guidance also includes practical steps for employers to take. This includes regularly reviewing job adverts to ensure compliance, providing training for staff involved in the recruitment process, and establishing robust policies to handle complaints about discrimination.
The EHRC’s updated guidance comes in response to growing concerns about the treatment of transgender individuals in the workplace.
Supporting the wellbeing of trans employees
Discriminatory practices in job advertising can have a significant impact on the employment opportunities and overall wellbeing of transgender people.
By clarifying what constitutes lawful and unlawful language in job adverts, the EHRC hopes to promote a more inclusive and equitable job market.
For HR professionals, these changes necessitate a thorough review of current recruitment practices. It’s essential to ensure that all job adverts are free from discriminatory language and that any GORs are clearly justified. Training for recruitment staff on the new guidelines will be crucial to ensure compliance and promote best practices.
Key changes in the guidance:
- Non-discriminatory language:
Employers are advised to use inclusive language in job advertisements. This means avoiding terms that may imply a preference for a particular gender unless such a preference is a genuine occupational requirement. For example, using gender-neutral job titles and pronouns can help in avoiding unintentional bias.
- Genuine occupational requirements:
The guidance clarifies the conditions under which it is lawful to specify a preference for a particular sex or gender identity. These instances must be clearly justified and documented, ensuring that such requirements are genuinely necessary for the role and not based on subjective preferences.
- Transparency and clarity:
Job adverts should be clear about the selection criteria and qualifications required. This transparency helps to prevent any indirect discrimination where the criteria might unfairly disadvantage transgender or non-binary applicants.
- Avoiding stereotypes:
Employers are encouraged to avoid language or imagery in job adverts that perpetuate gender stereotypes. This includes being mindful of the visual and textual content used in recruitment materials.
