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Monday, 5 December 2022

Framing replies to employer concerns

While the Human Rights Act 1993 clearly states that we cannot discriminate on grounds of family status, relationship status, gender, pregnancy or childbirth (check section 21 Prohibited grounds of discrimination at https://legislation.govt.nz/act/public/1993/0082/latest/DLM304475.html?search=sw_096be8ed81c17b9c_21_25_se&p=1&sr=3), employers tend to work around potential accusations of discrimination by framing their concerns as indirect questions.

For example, an employer may ask us "How good is your time management?", but really may be asking about our ability to actually be at work. The implied - but not asked - question is how organised are we in managing our childcare. We can reply by saying "My time management is very good, having had a family. I attended [name of course] and learned some very helpful tactics to ensure that when I am at work, I am able to be present and engaged. My partner/ family/ whānau and I have implemented turn and turn about childcare responsibilities".

Or we could answer with a straight work-related example of good project management delivery on time and budget in our past, and not mention the elephant in the room: our family.

Consider the other types of questions employers and recruiters traditionally ask:
  • Can you work on weekends?
  • How flexible can you be around hours?
  • Are you a reliable person?
  • How stable would you say your life is, outside work?
  • What do you do when you are not at work?

Answering the question completely focused on the work environment is probably the best strategy, as if childcare responsibilities are planned, will go smoothly and be trouble-free. 

We all know that if a woman were to point out that these questions may be pointed and potentially discriminatory, an employer may be "shocked and appalled" and the candidate who was stroppy enough to do so probably wouldn't be hired. 

It is infuriating that men who have children are rarely asked these types of questions, for exactly the same roles.

Women may rankle at the injustice, but this seems to still be the rules of the employment 'game'. We need change, but I have no idea when we will actually get it.

 

Sam

References:

Human Rights Act 1993. https://legislation.govt.nz/act/public/1993/0082/latest/whole.html#DLM304461

Palmero, E. (11 September 2021). Adults returning to work [video]. https://youtu.be/3-gCRX23slw

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