Originally published here.

This information is intended to assist clients of the European Bank for Reconstruction and Development (EBRD) in their capacity as employers.

Non‐discrimination and equal opportunity: Projects will comply with EU requirements on non‐ discrimination related to employment. In particular, the client will:

· Not make employment decisions on the basis of personal characteristics such as gender, race, nationality, ethnic origin, religion or belief, disability, age or sexual orientation, unrelated to inherent job requirements

· Base the employment relationship on the principle of equal opportunity and fair treatment, and will not discriminate with respect to all aspects of the employment relationship, including recruitment and hiring, compensation (including wages and benefits), working conditions and terms of employment, access to training, promotion, termination of employment or retirement, and discipline. Special measures of protection or assistance to remedy past discrimination or promote local employment opportunities or selection for a particular job based on the inherent requirements of the job, which are in accordance with national law, will not be deemed discrimination.

What is discrimination?

Discrimination involves treating people differently on the basis of a personal characteristic that is unrelated to their ability to do the job. Prohibited grounds under PR2 include gender, race, nationality, ethnic origin, religion or belief, disability, age or sexual orientation. Non‐discrimination measures should apply to all workers.   Discrimination may be direct or indirect and does not have to be intentional. Practices which appear neutral but result in the unequal treatment of people with certain characteristics are called indirect discrimination. For example, indirect discrimination may arise if part‐time workers are targeted for retrenchment, where women are more likely to be concentrated in this category than men. Discrimination may also include harassment and bullying.

Some exceptions to non‐discrimination requirements

· Distinctions based on the inherent requirements of the particular job or task are permissible, although this exception should be applied narrowly.  

· Measures to assist or protect some workers may be permissible under international law (e.g. maternity protection for women), or under national laws designed to meet the needs of persons who are generally recognized to require special protection or assistance (e.g. preferential treatment to women in hiring in order to remedy the effects of past discrimination).

Recruitment:

finding the best person for the job Avoiding discrimination in recruitment is not just about meeting legal requirements, but about making sure that the best person is recruited for the job. EBRD does not insist that clients should employ particular individuals or individuals from a defined ethnic group. Rather, the client must have recruiting procedures which are objective and seek to recruit the best person for the job on the basis of personal merit rather than arbitrary personal criteria. To assure EBRD that there is no risk of discrimination occurring in a recruitment exercise, clients should put in place and implement procedures on how recruitment will be carried out, which ensure that:

• There is a clear job description for every job

• Where possible, jobs are advertised publicly and to as wide a group a possible

• Job advertisements or application forms do not refer to discriminatory requirements such as age, gender, race or ethnic origin (except in the very rare circumstances that this is a genuine requirement for the job)

• Steps are taken to ensure that applications are received from significantly under‐represented groups – eg women, particular ethnic groups

• Pregnancy or health testing (e.g. HIV/AIDS) is not a part of the recruitment process

• Interviewers do not ask questions of a personal nature; for example, about marital status, family responsibilities, pregnancy or sexual orientation

• Selection for the job is made on the basis of clear, pre‐determined, objective criteria of what is necessary for the job in terms of experience and skill

• Staff who are carrying out recruitment have ideally had some training and should be adopting common standards

Employer safeguards against discrimination

Develop policies to promote non‐discrimination and equal treatment and to prevent harassment (including sexual harassment) and bullying  in the workplace, and make sure that they are clearly communicated and accessible to management, supervisors and workers. Ensure that managers and supervisors are trained in the application of the policies.

® Ensure that job advertisements, job descriptions and applications do not refer to applicants/workers race, gender etc (except rare cases where legal exceptions apply)  

® Ensure that decisions on hiring, working conditions, pay, benefits, training, promotion, termination, redundancy are not made on the basis of discriminatory grounds or on the basis of criteria which disproportionately impact on one group more than another

® Ensure that women and men are paid the same wages for work of the same value, i.e. remuneration is based on the employee’s skills, experience, responsibilities and other objective, non gender‐ related factors

® Monitor the workplace for any form of harassment and, where it is found, act quickly to address it

® Ensure that workers are not asked about or required to undergo health or pregnancy testing, except where there is a genuine health and safety need   

® Take steps to enable workers with disabilities to retain their jobs and make accommodations required by national law for physically disabled persons

You can read the complete policy here.