Introduction
Company X is a leading Engineering, Procurement and Construction
Company, headquartered in Ikoyi, Lagos. The firm is recruiting for
Graduate Trainees – with preference for
- Minimum of a 2.1 degree in any course from an accredited
University. - Applicants must have concluded NYSC, and must have discharge
certificate in hand. - Applicant’s Date of Birth, Gender and Class of degree must be
clearly stated - Minimum of 5 credits (Mathematics and English inclusive) in
GCE, NECO or its equivalent in one sitting. - Applicants should not be more than 25 years of age as at
January 6, 2017.
With the internet, job sites, newspapers/magazines and wall
posters awash with discriminatory job adverts from companies like
the above – the fate of the Nigerian graduate seems bleak. The
reality is starker – the rate of unemployed people increased from
13.6 million to 18.0 million in the 3rd quarter of 2017
– and there is a general consensus that discriminatory job
adverts makes graduates unemployable. On the flipside –
recruitment policies of companies like Company X is justified with
a cliched rhetoric – that “organizations should be free to pursue
recruitment policies which aligns with its visions and goals”.
The purpose of this article is therefore to contribute to
agitations for the enactment of an anti-discrimination directive –
which prevents organizations from imposing discriminatory
conditions in its job adverts and employment offers. It first sets
out the relevant laws on employment in Nigeria and international
treaties on same. It further highlights best practices from abroad
and lessons which could be drawn from these. The resulting effect
is to find – that a dynamic and vibrant economy must be predicated
on nurturing talents that are competent, passionate and skilled
irrespective of age, gender or academic achievements.
Nigerian Law – enhancing
discrimination?
Employment law in Nigeria can be said to be generally employer
friendly. The reason for this is not far-fetched. It has become a
norm for employers to impose discriminatory conditions on job
applicants. The extant law on Labour and Employment in Nigeria –
namely, the Labour Act of 2004; the Trade Union Amended Act 2005; the Employees Compensation Act 2010; the Factories Act 2004; the Pensions Reform Act 2004; and the Trade Disputes Act 2004 – provides little or no
discrimination protection for job applicants – and indeed
employees.
The enforcement of these Statutes and regulations falls under
the auspices of the National Industrial Court of Nigeria (NICN) and
with regard to discrimination claims, there are no laws that
specifically prohibit discrimination in the employment context. The
only protection against discriminatory job requirements is provided
in section 42 of the Nigerian Constitution – which provides for
freedom from discrimination on the basis of sex, age, ethnic group,
and political affiliation – and the National Employment Policy (NEP), published by
the Ministry of Labor and Employment. In its objective,
the NEP purports that
Objective 1: To promote equality of opportunity and
treatment in access to employment
1.1 Job advertisement shall reflect the job description and the
selection criteria shall principally be related to qualifications,
skills, knowledge and experience.
1.2 Job advertisements shall not state any requirement related
to sex, age, ethnicity, religion or other personal attributes
except where such attribute are inherent requirements for the
job.
Quite interestingly, the implementation of these are not
far-reaching for obvious reasons – they are not extant laws
relating specifically to discrimination of job adverts. The
International Labour Organization’s Discrimination (Employment and Occupation) 1958
(ILO Convention no. 111), to which Nigerian is a party – and
which requires states to enable legislation which prohibits all
discrimination and exclusion on any basis including of race or
color, sex, religion, and political opinions – is eo ipso
rendered non-effective.
Any Justification?
There are several reasons companies and government parastatals
impose restrictions. From saving recruitment cost, to streamlining
number of applicants, to catching them younger, to meeting specific
job gender demands – the list is inconclusive.
While these may be legitimate concerns – the Nigerian reality
and global modern business practice renders them unjustifiable.
With regards to the former, years of taking JAMB, incessant strikes
by ASUU and higher institutions, and the fragmented curriculum
makes it highly unlikely that a typical Nigerian graduate can meet
the age and experience requirements. With the latter, the right to
secure employment without any form of discrimination is now a
universal right – protected and pursued in many developed societies
– and quite rightly so, it aids the fight against unemployment and
fosters economic productivity.
Lessons from Abroad
Nigeria is not the only country inundated with recruitment
discriminations – but more developed societies provide safeguards
to ameliorate its effect. Firstly, in the US, under the laws
enforced by Equal
Employment Opportunity Commission (EEOC), it is illegal to
discriminate against someone because of the person’s race, color,
religion, sex, and most importantly “age”. The Age Discrimination Employment Act (ADEA) enforces this
and protects applicants/employees 40yrs and above from being
discriminated against on the basis of age in hiring, promotion,
discharge or compensation. If an employer is found in violation of
these employment laws, he can be sued and fined.
Furthermore, under the U.K Equality Act 2010, there are express
stipulations which prohibits discrimination, on the grounds of sex,
marital status, age and any other term of employment. If it is not
carefully worded and targeted, a job advert may be discriminating;
with Ryanair for instance successfully sued for age
discrimination when it used the words ‘young and dynamic’ in a
job advertisement. To enforce these provisions, the UK Employment Tribunal was established and ipso
facto has the power to make awards to compensate victims of
discrimination for the ‘injury to feelings’ and any ‘injury to
health’ they have suffered.
Way Forward
The first recommendation is for the promulgation of a
directive/law specifically against discriminatory recruitment
practices across all level. Such directives and laws should be
accompanied with guides, modelling the UK Commission for Employment and Skills’ Guides
(UKCES) one of which is designed to encourage employers to prepare
young people in education for the world of work. The guide provides for mandatory work experience
for all 16-19yrs old by introducing traineeship (bridging education
and employment). The onus will a fortiori be on employers
– “if you want experience, give them one”.
Secondly, remedies should be included when fashioning out such
directives/law; so that applicants can seek redress in the NICN as
it applies in the UK. A new employment taskforce could be
inaugurated to enforce these laws, with the NICN having
jurisdiction over the cases. The utility of this is not
far-fetched. Job advertisements will be targeted to a wide audience
to ensure diversity of applicants. Also, employers will have to
clearly identify the skills and competencies required to fulfil the
role, and only these should form the basis of the advert.
If anything, the President was elected on the basis of
competence and zeal for change, as against those that termed him
too old and unhealthy.
Akorede Samuel Omotayo is a First Class LLB
graduate of Bangor University, UK and a candidate of the
Freshfields Stephen Lawrence Scholarship Scheme. He also holds a BA
(Hons) in Philosophy, Ekiti State University, and is presently
preparing for his Bar I due to start June 2018.
Tomiwa Babatunde is a final year Law student of
the University of Lagos. He has a growing interest in
Constitutional Law, Insurance and Property law. An active member of
Taslim Elias Student Chamber, and Academic secretary in 2015. He
recently interned at J.O Fabunmi & co, and he relishes a career
as an Insurance practitioner.
Introduction
Company X is a leading Engineering, Procurement and Construction
Company, headquartered in Ikoyi, Lagos. The firm is recruiting for
Graduate Trainees – with preference for
- Minimum of a 2.1 degree in any course from an accredited
University. - Applicants must have concluded NYSC, and must have discharge
certificate in hand. - Applicant’s Date of Birth, Gender and Class of degree must be
clearly stated - Minimum of 5 credits (Mathematics and English inclusive) in
GCE, NECO or its equivalent in one sitting. - Applicants should not be more than 25 years of age as at
January 6, 2017.
With the internet, job sites, newspapers/magazines and wall
posters awash with discriminatory job adverts from companies like
the above – the fate of the Nigerian graduate seems bleak. The
reality is starker – the rate of unemployed people increased from
13.6 million to 18.0 million in the 3rd quarter of 2017
– and there is a general consensus that discriminatory job
adverts makes graduates unemployable. On the flipside –
recruitment policies of companies like Company X is justified with
a cliched rhetoric – that “organizations should be free to pursue
recruitment policies which aligns with its visions and goals”.
The purpose of this article is therefore to contribute to
agitations for the enactment of an anti-discrimination directive –
which prevents organizations from imposing discriminatory
conditions in its job adverts and employment offers. It first sets
out the relevant laws on employment in Nigeria and international
treaties on same. It further highlights best practices from abroad
and lessons which could be drawn from these. The resulting effect
is to find – that a dynamic and vibrant economy must be predicated
on nurturing talents that are competent, passionate and skilled
irrespective of age, gender or academic achievements.
Nigerian Law – enhancing
discrimination?
Employment law in Nigeria can be said to be generally employer
friendly. The reason for this is not far-fetched. It has become a
norm for employers to impose discriminatory conditions on job
applicants. The extant law on Labour and Employment in Nigeria –
namely, the Labour Act of 2004; the Trade Union Amended Act 2005; the Employees Compensation Act 2010; the Factories Act 2004; the Pensions Reform Act 2004; and the Trade Disputes Act 2004 – provides little or no
discrimination protection for job applicants – and indeed
employees.
The enforcement of these Statutes and regulations falls under
the auspices of the National Industrial Court of Nigeria (NICN) and
with regard to discrimination claims, there are no laws that
specifically prohibit discrimination in the employment context. The
only protection against discriminatory job requirements is provided
in section 42 of the Nigerian Constitution – which provides for
freedom from discrimination on the basis of sex, age, ethnic group,
and political affiliation – and the National Employment Policy (NEP), published by
the Ministry of Labor and Employment. In its objective,
the NEP purports that
Objective 1: To promote equality of opportunity and
treatment in access to employment
1.1 Job advertisement shall reflect the job description and the
selection criteria shall principally be related to qualifications,
skills, knowledge and experience.
1.2 Job advertisements shall not state any requirement related
to sex, age, ethnicity, religion or other personal attributes
except where such attribute are inherent requirements for the
job.
Quite interestingly, the implementation of these are not
far-reaching for obvious reasons – they are not extant laws
relating specifically to discrimination of job adverts. The
International Labour Organization’s Discrimination (Employment and Occupation) 1958
(ILO Convention no. 111), to which Nigerian is a party – and
which requires states to enable legislation which prohibits all
discrimination and exclusion on any basis including of race or
color, sex, religion, and political opinions – is eo ipso
rendered non-effective.
Any Justification?
There are several reasons companies and government parastatals
impose restrictions. From saving recruitment cost, to streamlining
number of applicants, to catching them younger, to meeting specific
job gender demands – the list is inconclusive.
While these may be legitimate concerns – the Nigerian reality
and global modern business practice renders them unjustifiable.
With regards to the former, years of taking JAMB, incessant strikes
by ASUU and higher institutions, and the fragmented curriculum
makes it highly unlikely that a typical Nigerian graduate can meet
the age and experience requirements. With the latter, the right to
secure employment without any form of discrimination is now a
universal right – protected and pursued in many developed societies
– and quite rightly so, it aids the fight against unemployment and
fosters economic productivity.
Lessons from Abroad
Nigeria is not the only country inundated with recruitment
discriminations – but more developed societies provide safeguards
to ameliorate its effect. Firstly, in the US, under the laws
enforced by Equal
Employment Opportunity Commission (EEOC), it is illegal to
discriminate against someone because of the person’s race, color,
religion, sex, and most importantly “age”. The Age Discrimination Employment Act (ADEA) enforces this
and protects applicants/employees 40yrs and above from being
discriminated against on the basis of age in hiring, promotion,
discharge or compensation. If an employer is found in violation of
these employment laws, he can be sued and fined.
Furthermore, under the U.K Equality Act 2010, there are express
stipulations which prohibits discrimination, on the grounds of sex,
marital status, age and any other term of employment. If it is not
carefully worded and targeted, a job advert may be discriminating;
with Ryanair for instance successfully sued for age
discrimination when it used the words ‘young and dynamic’ in a
job advertisement. To enforce these provisions, the UK Employment Tribunal was established and ipso
facto has the power to make awards to compensate victims of
discrimination for the ‘injury to feelings’ and any ‘injury to
health’ they have suffered.
Way Forward
The first recommendation is for the promulgation of a
directive/law specifically against discriminatory recruitment
practices across all level. Such directives and laws should be
accompanied with guides, modelling the UK Commission for Employment and Skills’ Guides
(UKCES) one of which is designed to encourage employers to prepare
young people in education for the world of work. The guide provides for mandatory work experience
for all 16-19yrs old by introducing traineeship (bridging education
and employment). The onus will a fortiori be on employers
– “if you want experience, give them one”.
Secondly, remedies should be included when fashioning out such
directives/law; so that applicants can seek redress in the NICN as
it applies in the UK. A new employment taskforce could be
inaugurated to enforce these laws, with the NICN having
jurisdiction over the cases. The utility of this is not
far-fetched. Job advertisements will be targeted to a wide audience
to ensure diversity of applicants. Also, employers will have to
clearly identify the skills and competencies required to fulfil the
role, and only these should form the basis of the advert.
If anything, the President was elected on the basis of
competence and zeal for change, as against those that termed him
too old and unhealthy.
Akorede Samuel Omotayo is a First Class LLB
graduate of Bangor University, UK and a candidate of the
Freshfields Stephen Lawrence Scholarship Scheme. He also holds a BA
(Hons) in Philosophy, Ekiti State University, and is presently
preparing for his Bar I due to start June 2018.
Tomiwa Babatunde is a final year Law student of
the University of Lagos. He has a growing interest in
Constitutional Law, Insurance and Property law. An active member of
Taslim Elias Student Chamber, and Academic secretary in 2015. He
recently interned at J.O Fabunmi & co, and he relishes a career
as an Insurance practitioner.