Employers and recruiters must assess the way in which the process to select personnel is handled, in order to avoid committing discrimination acts and being subject to suffer claims from rejected applicants, and possibly being sentenced in civil, labor or criminal processes, if such discrimination is proven.
Currently, in general terms, personnel selection processes in Ecuador have acquired vices that automatically reveal a discriminatory culture which makes it difficult for certain profiles to access a job position. Specifications about genre, age, or the requirement of a photograph in the curriculum vitae of the applicant, are frequent requirement; however, these requirements have nothing to do with the job description or with the responsibilities such applicant may have within the corporation.
Factors that the employer must consider when selecting personnel in order to avoid discrimination acts. -
The Constitution of the Republic of Ecuador specifies that no person shall be discriminated for reasons related to ethnicity, place of birth, age, sex, gender identity, cultural identity, language, religion, ideology, political views, legal background, socio-economic condition, or migratory condition. Also, no person shall be discriminated for their sexual orientation, health state, being HIV carrier, any physical disability, or any other distinction, either personal or by choice, temporary or permanent.
In this sense, the employer shall consider that the law gives everyone the right to participate in equal opportunities, free from any type of discrimination, during public or private personnel selection processes, so employers should avoid certain requirements that are not related to the job position being offered.
In Ecuador, what information is not allowed to ask from applicants?
The provisions of the rules against discrimination are mandatory for the public and private sector, and it intends to make employers impose certain selection criteria based on specific technical knowledge and other related requirements for the correct development of the job offer. In other words, the purpose is to bet for the talent of the people.
It is important to consider that the discrimination problem mostly relies on the traditional design of the evaluation sheets that are used to assess the applicants, because they require information not related to the job being offered and do not include the aptitudes that the applicant may provide to the corporation. It is recommended to update such model, taking into consideration that it is forbidden to request the following:
- Pregnancy test and/or results;
- Information about marital status;
- Photographs in the curriculum vitae;
- HIV/AIDS Test results;
- Any type of information regarding the legal background of the applicant;
- Private insurance policies for degenerative or catastrophic diseases;
- Selection criteria such as age, sex, race, gender identity, religion, legal background; and,
- Prohibit applicants to use outfits from their ethnicity or gender identity.
Therefore, it is recommended to the employer or recruiter of personnel to prioritize and consider those aspects included in the CV that stand out the professional responsibilities, talents, achievements, and experiences of the applicant, as opposed to their personal information. This way, within a selection process, the recruiter shall assess objective aspects of the applicant rather than subjective requirements that set barriers, such as, hiring a person of a certain age that has the necessary professional experience, but that, because of his or her age, such person might not even be selected for a job interview.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.