Discrimination in job postings and selection
The law of May 10, 2007 protects candidates from the job posting stage. Selection criteria must respect anti-discrimination rules and reasonable accommodation requirements.
Article 5, § 2, notably addresses job postings, access conditions, and recruitment criteria. Protected criteria under Article 4 include notably age, sexual orientation, beliefs, language, health status, disability, and social origin or condition. The federal scope reserves competencies of Communities and Regions.
Article 14 prohibits direct and indirect discrimination, orders to discriminate, harassment, and refusal of reasonable accommodations for a person with a disability. It also covers cumulative and intersectional discrimination. Plan a procedure to adapt selection tests.
Justifications vary by criterion. Article 8 frames essential and determining professional requirements; Article 12 provides a special regime for age. A client preference does not exempt the recruiter from checking these conditions.