Monday, November 19, 2007

Predispositions May Be Discriminatory

Often I will hear a client have a list of predispositions when making a special request to hire someone. For example: "I want my nanny to have no small children, over 40, from a certain country, unmarried, and in good physical shape." (Sometimes, there are a few more requests that I prefer not to mention.) Clearly when a person uses an agency, the hope is that these requests remain private to any potential candidate; however, the criteria itself can be a bit stringent and ultimately perceived as discriminatory. The justification for not wanting a person who has small children is the concern that a domestic may be encumbered with certain responsibilities causing interference with the job. Wanting someone of a certain age is just a perception of someone being long term or of an age that relates to a level of energy. The country issue is a reflection of some past experience with another employee from a place where perhaps all people must be the same. Requesting a person who is in good shape often relates to aesthetics and/or stamina. All in all, you can make any justification you deem appropriate for any of these requests; however, each and every one of them is very confining and often can exclude a wonderful candidate. Legally speaking, most of these requests are simply against the law. Think of it in this way: there is most likely a wonderful domestic who is married with small children, of a certain unpreferable age, who comes from a country where there are exceptions to every stereotype and who just might appear like a membership to the local gym is welcomed.

Needlessless to say, we are not dealing with widgets. We need to focus on one's experience, references, personality, education and abilities as they relate to the position you are offering. Beyond that, I think we are getting just a little too personal.