Summary of findings

This section summarises the major findings of the research with the recruitment industry and the survey of representatives of potentially disadvantaged job seekers.

The industry
Job seekers
Best practice
Addressing gaps in knowledge and skills
Industry self-regulation
Further information

The industry

The research revealed that the majority of recruitment consultants (85%) surveyed believed they had a good understanding of equal opportunity laws. However they did not always have great confidence that their peers understood the laws.

Almost all of those surveyed (91%) demonstrated strong support for equal opportunity laws and principles. The majority of the recruitment consultants and employers interviewed as part of the in-depth interviews also said they complied with the Equal Opportunity Act. There was a clear perception that the recruitment industry has special responsibilities in this area as it is particularly well placed to try to influence employment outcomes. However this does not mean they all found the laws workable, nor their task without many challenges.

The largest single area reported by the recruitment consultants as causing compliance problems was the employer attempting to influence the type of candidates referred to them.

The personal characteristics presenting the biggest challenge in terms of compliance with the Act was age followed by gender, previous health problems / Workcover claims, and to a lesser extent race and disability. The consultants interviewed also indicated the concept of ?cultural fit? with the organisation was an issue, with employers wanting to interview candidates of a certain personality profile, irrespective of skills and capability.

In the face of this pressure by employers, recruitment consultants reported varying strategies and varying degrees of success in educating business in equal opportunity legislation. Almost half believed they often lost business to competitors who did not undertake this educational role, and 33% admitted to screening candidates on the basis of age, sex or other factors even though they knew they shouldn?t.

The recruitment industry was described as being under pressure, particularly after the IT and finance booms. Blame was also attributed to fewer available jobs, too many applicants in some areas, a shortage of skilled or willing workers in other areas, and increasing amounts of legislation with which agencies need to comply.

Nevertheless, some recruitment consultants and human resource staff are championing the equal opportunity laws and adopting strategies to assist in compliance. These strategies include advocacy, refusing to work with non-complying employers, and educating employers about the business benefits of diversity.

Jobseekers

In general, potentially disadvantaged jobseekers (people 45 years and older, people with disabilities and people from culturally and linguistically diverse backgrounds) view the recruitment agency as the best doorway to getting a job, but in time they become discouraged. According to the survey responses of representatives of these groups of jobseekers, some of this discouragement can be attributed to the behaviour of the recruitment consultants.

?Many of them have given up and do not see themselves as agency material, that is, they have already excluded themselves.?

When asked to describe the experiences that led them to believe that personal characteristics were an issue in recruitment, those surveyed responded:

"Mainly they report that they (older job seekers) are treated disrespectfully. For example, young consultants don't appreciate the role they had played and the talents they possess."
"Employers are afraid that people with accents will harm contact with customers."
?Some applications may ask if the candidate has a disability or illness. Clients at times don?t know if they should disclose or not, fearing discrimination based on their disability rather than their ability.?

Unfortunately, the majority of jobseekers in these three groups were not likely to lodge complaints of discrimination with the Commission because:

"Other clients perceive that it would be culturally inappropriate to lodge a complaint."
"People with mental illness find it difficult to lodge complaints within time because they have difficulties in organising themselves ?"
"Think it might reduce their chances of getting further employment."

A small number of representatives of older workers and workers with a disability said they knew of recruitment agencies that were supportive of, and proactive in, helping disadvantaged jobseekers get jobs.

Best Practice

The research included an examination of equal opportunity best practice in the recruitment industry.

Those interviewed identified the following techniques as contributing to best practice:

Ensure all recruitment consultants are trained, through scenario role-play, in how to deal with requests by employers for certain types of candidates only.
Provide ongoing active support to the job seeker and the employer well after placement.
Build relationships of trust with the employers, and be in a position to accurately match the needs of the industry with the interests of the job seeker.
Meet the job seekers personally before referring them to positions.
Where job seekers have a disability, encourage them not to refer to a diagnosis, but to how the disability affects them and what strategies they have in place to deal with consequences of the disability. At the same time, always discuss the skills they have to offer.
Do not recommend a person for a position in which they would fail. Instead encourage the job seeker to upgrade their skills.
Provide feedback from employers to candidates as to why they did not get positions.
Discuss discriminatory practices with the employer. Take up opportunities to educate employers. If the employer does not change, cease working with them.
Treat everyone with the same respect and courtesy, regardless of their personal characteristics. Do not automatically streamline people away from jobs on the basis of personal characteristics.
Be prepared to put forward the best people for the job even if they do not meet the personal profile requested by employers. Explain why the job seeker presented should be considered for the job.
Focus on a fair outcome, which may require, depending on the candidates, an adjusted selection process to take account of different cultural backgrounds or disability.
Provide employers with literature about equal opportunity laws when forwarding details about job seekers.
Ensure job seekers are aware of their rights and responsibilities in relation to employement and where to get help if they need it.
Focus on a fair outcome, which may require, depending on the candidates, an adjusted selection process to take account of different cultural backgrounds or disability.
Undertake continual professional development including training omn equal opportunity. Attendance at such programs should form part of performance management plans and be considered in relation to promotional opportunities.

Addressing gaps in knowledge and skills

The telephone survey respondents saw education as the key to more satisfactory outcomes. However, the interviews with recruitment consultants and employers indicated that the priority given to training in the area of equal opportunity legislation and principles was not consistent. In many organisations information is provided on the intranet or is accessible when the issue is raised, rather than being actively promoted. By contrast, most participants believed the training provided was adequate.

Almost 60% of respondents in the telephone survey had received some form of formal training, most of which was provided internally.
Four out of 10 said they did not need any further training.
Only 7% indicated a need to learn about how to deal with employers, despite this having been identified as a significant difficulty in practice.

The research also indicated that there was considerable diversity in the recruitment industry and that this affects the likelihood of equal opportunity principles being adopted. For example, there are fewer obstacles to a strong focus on equal opportunity in smaller, values-based, niche-market companies in which consultants? remuneration is largely salary based.

Consequently, training may need to be tailored to the different cultures of the organisations, the different industry sectors and the level of experience of the employees.

Industry self-regulation

All those interviewed considered a code or standard that regulates professional conduct in the area of equal opportunity as desirable as it would let people know which recruiters subscribe to the code and are committed to this level of service.

The telephone survey respondents demonstrated an interest in a Code of Practice, but had a limited understanding of existing professional standards. Most believed there should be a code relating to equal opportunity, and just over half (54%) said that existing peak bodies such as the Recruitment & Consulting Services Association (RCSA) or the Victorian Employers Chamber of Commerce and Industry (VECCI) should regulate it.

Government licensed organisations all operate under a Code of Conduct, with an associated complaints mechanism. Some organisations have chosen to add their own refinements.

Further information

For a full report of the enquiry or the detailed results of the research, please view the attached documents.