ETHICS IN RECRUITMENT AND SELECTION

BY POOJA .C AND RAVINDRA Page 1

ETHICS IN RECRUITMENT AND SELECTION.
Introduction:
Ethics are the principles or standards that guide day-to-day business activities in accordance
with established corporate values. Ethical business conduct offers a wide range of
organizational integrity, involving strategy, business goals, policies and activities. Among
ethical values are trust, respect, honesty, responsibility and the overall pursuit of perfection.
RECRUITMENT: refers to the processes followed by organisations when they wish to
attract applicants for vacant or new positions.
SELECTION: follows the recruiting process with the appointment of the most suited
applicant to the position.
Ethics in the field of hiring, staffing and recruitment is based on a combination of things
and depends on who is actually involved in the hiring process.Certainly the job searcher,
hiring manager and recruiter are just three possible people involved in a hiring decision.
ETHICAL ISSUES IN RECRUITING
Organisations comprise employees who need respect as people.
Streamlining has lead to downsizing or right-sizing of organisations. Those
employees who are left behind often mistrust management and feel insecure about
their own jobs.
Job insecurity can result in stress for the employee which increases the likelihood of
mistakes being made or accidents occurring
As organisations become more complex with fewer employees, legislative
requirements become crucial to maintain the psychological well-being of employees.
Legislative requirements include: EEO legislation, Affirmative Action legislation,
Workers Compensation Acts and Regulations and so on.
Discriminatory recruitment practices may inhibit the success of women or people
from minority backgrounds, but also older applicants.





ETHICS IN RECRUITMENT AND SELECTION

BY POOJA .C AND RAVINDRA Page 2

Code of ethics for employers
Treat all jobseekers equally
No discrimination based on race, origin, religious or political views, gender, age or
sexual orientation Do not request Jobseekers to include their photos in the resume
Rely only on relevant and job-related information when making hiring decisions
Code of ethics for jobseekers
Ensure Resume accuracy
Accept and expect employment history verification
Assume personal responsibility for publishing resume, pictures and other.
DISCRIMINATION IN EMPLOYEMENT ON THE BASIS OF UTILITY, RIGHTS, AND
JUSTICE.
The arguments mustered against discrimination generally fall into three groups namely
utilitarian, rights, justice.
Utility:
The standard utilitarian argument against racial and sexual discrimination is based on the idea
that a societys productivity will be optimized to the extent that jobs are awarded on the basis
of competency. Different jobs, the argument goes, require different skills and personality
traits if they are to be carried out in as productive manner as possible. Furthermore, different
people have different skills and personality traits. Consequently, to ensure that jobs are
maximally productive, they must be assigned o those individuals whose skills and personality
traits qualify them as the most competent for the job. Insofar as jobs are assigned to
individuals on basis of other criteria unrelated to competency, productivity must necessarily
decline. Discriminating among job applicants on the basis of race, sex, religion, or other
characteristics unrelated to job performance is necessarily inefficient and, therefore , contrary
to utilitarian principles.


ETHICS IN RECRUITMENT AND SELECTION

BY POOJA .C AND RAVINDRA Page 3

Rights:
Nonutilitarian arguments against racial and sexual discrimination may take the approach that
discrimination is wrong because it violates a persons basic moral rights.
Kantian theory for example, holds that human beings should be treated as ends and never as
means. At a minimum, this principle means that each individual has moral right to be treated
as a free person equal to any other person and that all individuals have a correlative moral
duty to treat each individual as a free and equal person.
Discriminatory practices violate the principle in two ways. First, discrimination is based on
the belief that one group is inferior to the other groups, that blacks, for example, are less
competent or worthy of respect than men. Racial and sexual discrimination, for instance, may
be based on stereotypes that see minorities as lazy or shitless and see women as
emotional and week such degrading stereotypes undermine the self esteem of those
groups against whom stereotypes are directed and thereby violate their right to be treated as
equals.
Second discrimination places the member of group that are discriminated against in lower
social and economic position: women and minorities have fewer job opportunities and are
given lower salaries. Again, the right to be treated as a free job and equal person is violated.
Justice :
A second group of nonutilitarian arguments against discrimination view it is as a violation of
the principle of justice. Social and economic inequalities are to be arranged so that they are
attached to offices and positions open to all under conditions of fair equality of opportunity.

Discriminatory practices
Regardless of the problem inherent in some of the arguments against discrimination, it is
clear that there are strong reasons for holding that discrimination is wrong. It is consequently
understandable that the law has gradually been changed to conform to these moral
requirements and that there has been a growing recognition of the various ways in which
ETHICS IN RECRUITMENT AND SELECTION

BY POOJA .C AND RAVINDRA Page 4

discrimination in employment occurs. Among the practices now widely recognized as
discriminatory are the following.
Recruitment practices
Firms that rely solely on the word-of-mouth referrals of present employes to recruit new
workers tend to recruit only from those racial and sexual groups that are already represented
in their labour force. When a firms labour force is composed of only white males, this
recruitment policy will tend to discriminate against minorities and women. Also, when
desirable job positions are only advertised in media that are not used by minorities or women
or are classified as for men only, recruitment will also tend to be discriminatory.\
Screening practice
Job qualification are discriminatory when they are not relevant to the job to be
performed.Aptitude or intelligence tests used to screen applicants become discriminatory
when they serve to disqualify members from minority culture who are unfamiliar with the
language, concepts, and social situations used in the tests but who are in fact fully qualified
for the job.
Job interviews are discriminatory if the interviewer routinely disqualifies women and
minorities by relying on sexual or racial stereotypes. These stereotypes may include
assumptions about the sort of occupations proper for women, the sort of work and time
burdens that may fittingly be imposed on women, the ability of women or minority person
to maintain commitment to job, the propriety of putting women in male environments,
the assumed effects women or minorities would have on employee morale or on customers,
and the extent to which women or minorities are assumed to have personality and aptitude
traits that make them unsuitable for a job. Such generalizations about women or minorities
are not only discriminatory, they are also false.
Promotion practices
Promotion, job progression, and transfer practice are discriminatory when employers place
white males on job tracks separate from those open to women and minorities. Seniority
systems will be discriminatory if past discrimination has eliminated minorities and women
ETHICS IN RECRUITMENT AND SELECTION

BY POOJA .C AND RAVINDRA Page 5

from the higher, more senior positions on the advancement ladder. To rectify the situation,
individuals who have specifically suffered from discrimination in seniority system should be
given their rightful place in the seniority system and provide with whatever training is
necessary for visors, promotion policy will be discriminatory to the extent that supervisory
rely on racial or sexual stereotypes.
Conditions of employment:
Wages and salaries are discriminatory to the extent that equal wages and salaries are not
given to people who are doing essentially the same work. If past discrimination or present
cultural traditions result in some job classification being disproportionately filled with
women or minorities steps should be taken to make their comensation and benefits
comparable to those of other classification.
Discharge:
Firing an employee on the basis of race or sex is a clear form of discrimination. Less balatant
but still discriminatory are layoff policies that rely on a seniority system, in which women
and minorities have the lowest seniority because of past discriminations.
Sexual Harassment
Women, are victims of a particularly troublesome kind od discrimination that is both overt
and coercive: They are subjected to sexual harassment. Although males are also frequent
victims. For all acknowledge frequency, sexual harassment still remains difficult to define
and to police and prevent.in 1978, the Equal Employment opportunity commission published
a set of guidelines defining sexual harassment and setting out what, in its view, was
prohibited by the law.in their current form, the guidelines state:
Unwelcome sexual advances, requests for sexual favors and other verbal or physical contacts
os sexual nature constitue sexual harassment (1) when submission to such individuals made
either explicitly or implicitly a term or condition of an individuals employement,(submission
to or rejection of such conduct by an individual is used as the basis for employement decision
affecting such individual, (3) such conduct has the purpose or effect of unreasonably
ETHICS IN RECRUITMENT AND SELECTION

BY POOJA .C AND RAVINDRA Page 6

interfering with an individuals work performance or creating an intimidating, hostile or
offensive working environment.
How can we promote ethical practices
How can we promote ethical practices within our field and reduce the negative stigma
attached to the 'headhunter'? As there is no policing agency that oversees recruiting practices,
ethics must be self-enforced. Ethical behavior begins with the definition of roles and
responsibilities when interacting with candidates, clients, and other recruiters. One of the
ways in which recruiters can foster an ethical relationship from the outstart is by creating a
mission statement or ethical code that emphasizes key values and guiding ethical practices.
Ensuring that agreements are in writing can resolve complicated issues more quickly, both
protecting your interests and allowing you to be upfront in relationships.
Additionally, it is important to examine what is occurring around you. Detecting and
effectively handling unethical behavior is central to maintaining upstanding business
practices. Although the bulk of this article places ehical responsibility on the recruiter, it is
important to remember that commitments are made from all sides when entering into the
hiring process. Candidates must also grapple with ethical issues, being honest throughout the
process, from interviewing, to selection, to accepting an offer. Misinforming a recruiter to
obtain an interview or cinch the job can place recruiters in compromising positions with
clients. Both parties have a responsibility to maintain ethical standards.
The benefits of ethical practices during each step of the hiring process are numerous.
Recruiters often build their client bases through referrals. Both clients and candidates will
refer business to reliable, high-quality recruiters. Upon placement, candidates have no loyalty
to recruiters and poor practices may quickly become public knowledge. As in other
industries, we all have a responsibility to uphold the reputation of our profession. Our daily
business practices reveal a professional standard against which we all are measured. We
should use this daily opportunity to reflect a positive image.
A brief review of why the selection decision is so difficult and hence why so many
defensive mechanisms are used, will both throw light on the subject and raise the
ethical dimension again. First, the inherent difficulties in the selection decision. Given that
human beings are complex entities, and that all the mental activity that sits behind overt
ETHICS IN RECRUITMENT AND SELECTION

BY POOJA .C AND RAVINDRA Page 7

behaviour is invisible to the observer, finding an objective way of define the capability
available in the candidate is a challenge from the start. Given that organisations are just
groups of (complex) human beings transacting together in a common cause well, at least
thats the theory! then there is a large extension to the level of complexity involved, and the
job of objectively defining what is needed for success in a job is possibly even more
challenging than defining what is available in candidates.

Those two difficulties add up to a serious challenge for the knowledge and skills of the
person making the selection decision - this is the third challenge. There is, however, an
assumption in all of this that needs airing. It is about the objectives to be achieved through the
selection decision. If they are about fit with the culture and style of the business, that would
lead in aparticular direction. If they are about fit with the rest of the management team, the
direction would be different. If they are abut the new manager being able to project the right
image of the company, that would lead to yet another different direction.
If the desire is for someone who will be a good team worker, and a safe pair of hands,the
direction would be different again. If the key is experience of the industry, and especially if
good contacts are the order of the day, then the direction shifts once more.

If theseis for someone who will be a good team worker, and a safe pair of hands, the direction
would be different again. If the key is experience of the industry, and especially if good
contacts are the order of the day, then the direction shifts once more.
If these are the objectives, then there are a lot of tools and techniques out there, to assist with
the decision. They range from the standard selection interview, through aptitude tests, critical
reasoning tests, psychometric inventories, emotional intelligence inventories and even
graphology, all the way through to 'motivation in action' profiles.
The problem is that all of these tools and techniques only make sense if the objectives are as
suggested above. If, however, the objectives are rather more prosaic and useful, then the tools
and techniques noted above make no sense whatsoever. If there are selection objectives that
are grounded in reality, they will be all about whether or not the new manager will be able to
perform adequately in the job the performance objective.

ETHICS IN RECRUITMENT AND SELECTION

BY POOJA .C AND RAVINDRA Page 8

Will this person deliver the business results that are needed? Both in output terms and in
terms of the resources consumed on the way? Implicit in all this is the need to motivate and
carry people through the achievement of the business objectives, coping with complexity and
a rapidly changing environment along the way, as that is what managing is all about.
The performance objective reduces the focus of the selection decision down to skills and
only skills. As there is no evidence of a causal relationship between personality, hand writing,
experience, aptitudes or any other characteristic assessed by the various state-of-the-art
inventories out there, on the one hand, and the performance delivered by the assessed
manager, on the other, there is only one possible justification left for using them. That is the
defence mechanism noted above.
That raises the ethical dimension again. Is it ethical to rely on varieties of the standard
selection interview and defensive assessments, and ignore the skills issue that is central to
achieving required business results? If the skills issue is ignored, then the manager Making
the selection decision is playing Russian roulette with the candidate, and leaving that person
to suffer the consequences if the selection decision is wrong. Even worse, is when managers
making poor selection decisions punish the new manager twice.
First, is the transformation from success into failure; second is when the failing manager is
fired by the very same manager who created the problem in the first place by the poor
selection decision.


ETHICAL CONSIDERATIONS: DECISION-MAKING AND EMPLOYMENT
Recruitment and selection is an area of decision-making that requires thorough attention,
accompanied by best practice guidelines to ensure that risks of corruption and unfair practices
are minimised. Fortunately,recruitment and selection decision-makers have a wide range of
material to guide their decision-making.Within the South African context we have the
following material available to guide our decision-making in recruitment and selection






ETHICS IN RECRUITMENT AND SELECTION

BY POOJA .C AND RAVINDRA Page 9

FRAMEWORK OF LEGISLATION AND KEY SET OF VALUES CONCERNED
WITH EMPLOYEMENT

Framework Of Legislation

The following legislation within the South African context, applies to various stages in the
recruitment, selection and placement processes:

Labour Relations Act 66 of 1995
Basic Conditions of Employment Act 75 of 1997 (updated)
Employment Equity Act
Skills Development Act 97 of 1998 (updated) and SAQA
Occupational Health and Safety Act
Unemployment Insurance Fund Act
Pensions Fund Act
Receiver of Revenue
Smoking and Other Workplace Legislation
Medical Schemes Act and Regulations
Codes of Good Practice
Public Holidays Act 35 of 1994,amended by 48 of 1995Promotion of Access to
Information Act
Promotion of Equality and Prevention of Unfair Discrimination Act
Protected Disclosures Act Electronic Communications Acts
Insolvency Act
National Credit Act 34 of 2005
South African Constitution and Bill of Rights



Company Policy
Company policy refers to guidelines, circulars, memoranda, policies and procedures
published by the relevant organisation and should be freely available on the Intranet of the
organisation.

Best Practice Guidelines in Recruitment and Selection
Best practice can be viewed as a well defined procedure, technique, method, process, activity,
incentive or reward that is known to produce near optimum results. It is usually regarded as
more effective at delivering a particular outcome than any other technique, method, process,
etc. When applied to a particular condition or circumstance.It also focuses on delivering the
best results with the least amount of effort, by applying procedures that have proven
themselves over time. A specific best practice guideline is generally applicable to a specific
ETHICS IN RECRUITMENT AND SELECTION

BY POOJA .C AND RAVINDRA Page 10

condition or circumstance and can be modified for similar circumstances. Best Practice can
transform or mature as the industry discovers new developments.

Key Set of Values
According the Independent Commission against Corruption following are viewed as key
values that apply to Recruitment and Selection:

Impartiality: all stages of the recruitment process should be impartial and Objective
in its execution

Accountability: all stakeholders in the recruitment process should be accountable for
all their decisions and ensure proper record keeping to support such decisions

Competition: the pool of potential candidates must be maximised to the extent that it
is practicable and appropriate

Openness: factors impacting on recruitment and selection must be clear to all
stakeholders involved, and the decision-making processes should be transparent,
whil maintaining confidentiality with regards to the candidate
Integrity: recruitment and selection practices must be carried out in accordance with
relevant guidelines, codes or rules.

The following case studies illustrate some of the key values in the context of various
common areas
of complaint in recruitment and selection:

Case Study 1: Maximising The Field

Joe has been acting as the IT manager for 18 months when it was decided to advertise the
job.His Director prepared the advertisement without specifying any recruitment for
qualifications or extensive experience in information technology, which had previously been
part of the
selection criteria. The Director decided to advertise the job internally. Joe was the sole
applicant and was appointed to the position permanently without an interview.

Remarks:
Receiving one application does not mean that is necessarily the best person for the job
but could indicate that the job has not been advertised widely enough to maximise
the potential field of applicants.
Perceptions of favouritism may result if the job that requires technical skill, tertiary
qualifications or industry knowledge is advertised without requiring such
competencies. It may appear that the Director deliberately removed such selection
criteria that appeared previously, but may have precluded Joe from getting the job.

What can be done instead?
Acknowledge the importance of maximising the pool of applicants
ETHICS IN RECRUITMENT AND SELECTION

BY POOJA .C AND RAVINDRA Page 11

Specifying the qualities sought from applicants, in addition to specific knowledge
required,may broaden the field e.g. instead of having knowledge of a specific act,
the candidate can show he/she has the ability to interpret legislation.
Ensure that potential candidates are not discouraged from applying for a job for
reasons other than the content of the job advertisement; for example: advertisements
placed in journals to which few people have access or managers making statements
regarding the competitiveness or lack of competitiveness of applicants.

Case Study 2: Putting It All On Paper (www.icac.nsw.gov.au, 2002)

A large State Government department (International) advertised to fill the position of
Director,Corporate Services, reclassified in a recent evaluation of its Senior Executive
Service structure.Three short-listed applicants were interviewed and the selection panel
offered John the job.Shortly afterwards, the ICAC received a complaint alleging that John
knew he had been appointed to the position before the interviews were held and got the job
because he had worked for the department before. The ICAC asked the department to report
on the matter.The department wanted to prove the recruitment process was above board so its
Internal Auditor reviewed the files. He was surprised that the cull checklist did not show how
applicants met the selection criteria and that there were no notes from the interviews. He also
found that the selection panel report contained only the recommended applicants name and
the convenors signature (no date or title of the position, no recommended salary, no reasons
for recommendations and no eligibility list).
The selection panel claimed that John was not appointed to the position before the interview
and was clearly the best person for the job. However, the Auditor found no evidence to
support this claim, making it difficult to assess the matter. Consequently, the department
could not satisfy the ICAC that the recruitment process was fair.

Remarks:

Better record keeping would have supported the departments claim that the process
had been all above board.
The way staff is recruited sets the standard for induction and the culture of the
organisation.

What can be done instead?
Sound record keeping includes a selection report that includes the following:
Specific assessment methods utilised
Reasons for the candidates unsuitability and reasons for selecting/ de-selecting prior
to the interview.
General notes or comments on each applicant interviewed, with reference to each
selection criterion.
Establish the reasons for the successful applicant being chosen over the rest of the
pool of candidates.
Include names of referees who were contacted and include notes taken from referee
checks
Notes made by each member of the selection panel should be retained on the
recruitment,together with the selection report.

report.
ETHICS IN RECRUITMENT AND SELECTION

BY POOJA .C AND RAVINDRA Page 12


ETHICAL CONSIDERATIONS: A MODEL OF ETHICS FOR THE EMPLOYMENT
PROCESS
Ethical Model: Recruitment & Selection

Van der Westhuizen (in Brand, 2008, p.208) states that there is an increase in appreciation for
ethics
management and the positive economic impact it has on the performance of organisations.




Phase 1:
During phase one, a job analysis is conducted to compile a job description and job
specification. The advertisement is then compiled based on criteria specified in the job
description. It is essential that the method of advertising does not lead to discrimination or
exclusion of applicants. When considering initial applicants, they should be compared to the
minimum criteria in the advertisement. Eliminations are then done according to the
guidelines in the company recruitment and selection policy and procedures.
Phase 1
Job Analysis
Compile
Phase 2:
During phase two, applications are acknowledged by sending out a letter to all the
applicants. Applications are screened based on criteria from the advertisement making use
of the same decision criteria for all the applications. Thereafter, a regret letter is sent to
applicants that did not pass the initial screening.

Phase 3:
Phase three includes conducting interviews of all applicants that meet the criteria. The
interview should be asked the same questions of all applicants and should exclude anything
discriminatory. The assessments are then conducted by using instruments that are valid and
reliable. Final assessment scores and information from the interview are integrated for the
applicants. Next, final interviews are conducted with short-listed applicants and an offer is
made to the successful applicant. It is essential that all documentation relating to the
recruitment and selection process is completed accurately.














ETHICS IN RECRUITMENT AND SELECTION

BY POOJA .C AND RAVINDRA Page 13



ETHICAL CONSIDERATIONS: THE USE OF PSYCHOMETRIC ASSESSMENTS

The Health Professions Council of South Africa regulates the health professions in the
Republic of South Africa with regard to registration, education and training, professional
conduct and ethical behaviour. Below are some ethical considerations pertaining to
psychometric assessments from their ethical guidelines document, Form 94.
When making use of psychometric assessments, it is important that they are seen to be
one part of the selection process and are not solely relied on to make decisions
regarding the employment of an individual.
The psychometric assessments should predict success in the work situation as
accurately as
possible. Thus it is critical that the professional conducting the assessments has
knowledge and understanding of the psychological instruments with which they work.
The psychometric assessments should be reliable and valid, and free from bias or
discrimination against any group of people. According to the Employment Equity Act
No. 55 of 1998, psychometric testing and other similar assessments of an employee
are prohibited unless the test or assessment being used: (a) has been scientifically
shown to be valid and reliable; (b) can be applied fairly to employees; and (c) is not
biased against any employee or group.
The assessment process should be standardised and consistent to ensure that each
candidate being assessed go through exactly the same process.
The professional conducting the assessments should do so within the context of a
professional relationship that is transparent.
Informed consent must be obtained from the individual undertaking the assessment,
informing them of the purpose of the assessments and how the results will be used.
The confidentiality in terms of who will see the results should be clearly explained to
the candidate.
It is the responsibility of the professional to take the necessary steps to ensure that the
results of the assessment are not misused by others in any way. This would include
refraining from releasing the raw test results to any persons other than a qualified
professional.
It is essential that the individual or client organisation to whom the results are
released, understands the ethical implications of how they should make use of the
results.
The interpretation of results should include additional information that has any
bearing on the overall results pertaining to selection such as situational factors.
When communicating the results of the assessment to the client, the professional
should ensure that this is done in such a manner that the individual receiving the
results fully understands those results.




ETHICS IN RECRUITMENT AND SELECTION

BY POOJA .C AND RAVINDRA Page 14

Conclusion
Recruitment and selection form a vital function any business organization, since human
resource is treated as an asset of an organization, ethical issues governing recruitment and
selection has to be taken into cognizance while recruiting and selecting an employee for a
proposed job.
Job discrimination is the major problem prevailing in many organization toady. Job
discrimination is the wrongful acts of distinguishing illicitly among people not on the basis of
individual merit, but on the basis of prejudice or morally reprehensible attitude. Job
discrimination generally fall into three groups viz, utility, rights, justice.
Regardless of the problem inherent in some of the arguments against discrimination, it is
clear that there are strong reasons for holding that discrimination is wrong. It is consequently
understandable that the law has gradually been changed to conform to these moral
requirements and that there has been a growing recognition of the various ways in which
discrimination in employment occurs.
Discriminatory practices like sexual harassment is another major problem in many
organization, effective majors have been taken to tackle this issue but still the problem
prevails in many organization, effective measures have to be taken to get rid of these issue.
So ethics in recruitment and selection has to be practicised in order to avoid job
discrimination.




ETHICS IN RECRUITMENT AND SELECTION

BY POOJA .C AND RAVINDRA Page 15