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.

.