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Opinions of Saturday, 22 April 2023

Columnist: Gideon Aboagye

Unethical job announcements in Ghana: HR practitioners can do better

The writer of the article The writer of the article

As a professional with some considerable number of years of practice, I tend to embrace best practices. Following standards, best practices and the law makes one professional, not merely holding professional certificates such as CIHRM, SPHR/i, CIPD, SHRM, CHRMP.

I am always unimpressed with the standard of job advertisements in the media (especially in Ghana). I see the deliberate attempt to ignore an age-old fundamental principle of Equal Employment Opportunity (EEO). EEO is a concept that promotes equal treatment of all employees regardless of their race, gender, religion, sexual orientation, or any other personal characteristic.

Unfortunately, despite the existence of EEO policies (in some organizations),
there are still instances where companies issue unethical employment vacancy announcements. These announcements often exclude certain groups of people from consideration and violate the principles of EEO.

In the United States, for instance, there is the EEO law that ensures that there is fairness from the recruitment stage to the exit stage. Offenders will face consequences. There is no such law in Ghana, though, there are enough HR professionals to know that stating for instance “only female/male candidates may apply” is an unethical professional behavior. Stating the “age brackets” in the job advert is equally unethical. What benefit does it serve your company to say
you do not accept candidates who are 40 years and over? Do you not believe that age is not a function of performance?

Unethical employment vacancy announcements can take many forms. For example, some companies may use language that is biased or discriminatory in their job postings. They may use words like 'young', 'energetic', or 'fit' to imply that they are seeking candidates who are physically fit and able to work long hours, which could exclude older workers or those with disabilities.

They may also use gendered language, such as 'he' or 'she' which could suggest
that the company prefers a particular gender for the position. Another example of an unethical job announcement is one that includes qualifications that are
not essential to the job. For instance, some companies may list requirements such as a certain educational degree or a particular number of years of experience, even though these qualifications are not necessary for the job.

This can result in qualified candidates being excluded from consideration simply because they do not meet these unnecessary requirements. What kind of job can only be done by persons with master’s degree or applicants with 10 years’
experience? HND/First degree holders with at least 2 years’ experience can do any non-technical work!

To ensure that companies are following EEO principles in their job announcements, it is essential to monitor their job postings and report any discriminatory practices to the relevant authorities. Candidates who feel that they have been unfairly excluded from consideration for a job can also file a complaint with the EEOC (Equal Employment Opportunity Commission) or seek legal advice from an attorney specializing in employment law. (I am not sure this is possible in Ghana, Lol.)

Do not get me wrong. To every law, there are exceptions. In specific instances or categories of work a limited breach of EEO may be permitted. Example, in the military, age brackets may be fairly allowed. Those are limited instances which do not breach the principle (or the law).

The Ministry of Labour and Employment may take this up and engineer a law or cause the Labour Act 651 (Act 2003) to be amended. The Act needs amendment to be in sync with modern practice. There are other things like ‘Flexible working’, specific overtime rate, etc. that need to find expression in the Act.

In conclusion, it is essential for companies to follow ethical practices when advertising job vacancies. Any form of discrimination or bias is not only unethical but also illegal. To promote a fair and equal workplace, companies must ensure that their job announcements are inclusive and do not exclude any qualified candidates based on their personal characteristics. By following
EEO principles, companies can create a diverse and inclusive workplace that benefits everyone.