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racismoriginnationalityselectionindirect discrimination

Origin and nationality in recruitment

Legal obligationVerified

The law of July 30, 1981 prohibits racial discrimination in access to employment. The recruiter must also refuse discriminatory instructions from a client.

Articles 4 and 5 cover nationality, presumed race, skin color, ancestry, and national or ethnic origin, as well as job postings and recruitment criteria. Check work eligibility without transforming this check into a general preference for an origin.

Article 12 notably prohibits direct, indirect discrimination and orders to discriminate. For racial criteria other than nationality, Article 8 strictly frames essential and determining professional requirements; nationality-related justifications notably fall under Article 7.

An apparently neutral requirement must also be examined for its effects. Requiring a language skill useful for the position rather than an origin or mother tongue avoids a filter that may indirectly exclude some candidates.