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dollar2019-06-20 22:57:52
Law in IT
dollar, 2019-06-20 22:57:52

What if you create a vacancy for a programmer who must be a man and have a dark skin color?

Is this discrimination based on gender and race?
What if, in addition to direct duties, to prescribe indirect ones, where gender and color are important? For example, something related to psychology, team spirit and other things (blurred), or about attracting the attention of the target audience, etc.
Can we just say that we are a tolerant organization, so there should be programmers of all genders and colors on the staff?

Situation
A key employee, on whom 90% of the success of a million-dollar project depends, has non-traditional preferences and threatens to quit the company if he cannot communicate with a black colleague every day. He is only interested in money secondarily. How can you get hired without violating the law? An extra salary, even a high one, is not a problem.

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2 answer(s)
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EkaterinaBel, 2019-06-26
@dollar

On a question - in any way it is impossible to specify a floor and skin color in vacancy.
It turns out that the organization not only recruits by skin color and gender, but also takes into account how many and what color, so that there are "all colors" - this is already the height of xenophobia.
If the question is how to create a vacancy without breaking the law, then you need to specify the requirements that the candidate you need can meet. For example, education is the University of Ghana or knowledge of Swahili.
Another option is to look for a candidate yourself. For example, offer an internship to college students. Not necessarily a programmer, for example, work in the PR department.
But the most correct option, as you were told, is for your "key employee" to find the one with whom he wants to communicate every day. And don't be surprised if his next wish is to urgently fire this employee and find another one. And dismiss "just like that"

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CityCat4, 2019-06-20
@CityCat4

Figasse, you have stocks of grass ...
But here you flew by - the Labor Code of the Russian Federation, Article 3
You cannot indicate in the vacancy the requirements for gender and age, skin color and many more signs

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