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New initiatives on fighting discrimination in the workplace

France
In late 2004, 35 French companies signed a 'diversity charter'. committing them to fighting labour market discrimination based on ethnic origin. At the same time, a report submitted to the government by a leading employers' representative has advocated proactive policies for recruiting among groups of /'visible minority'/ people. Meanwhile, the Court of Auditors has been profoundly critical of the past 30 years of French immigration policy.
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In late 2004, 35 French companies signed a 'diversity charter'. committing them to fighting labour market discrimination based on ethnic origin. At the same time, a report submitted to the government by a leading employers' representative has advocated proactive policies for recruiting among groups of 'visible minority' people. Meanwhile, the Court of Auditors has been profoundly critical of the past 30 years of French immigration policy.

For some time, numerous reports have been emphasising widespread racial discrimination in France, and many have highlighted racism in the workplace. It was only in 1998 that the government took a strongly critical stance on this issue through an affirmative policy response to situations that are seen as challenging the basic values underpinning French democracy (FR9906188F and FR9811141N). In late 2004, some employers also committed themselves to fighting labour market discrimination based on ethnic origin, while a number of reports produced by employers' bodies have advocated proactive policies for recruiting among groups of 'visible minority' people (eg the 'Méhaignerie/Sabbeg', 'Blivet' and 'Bébéar' reports).

Launch of diversity charter

Based on the observation that a 'glass ceiling' obstructs the social mobility of many people 'discriminated against due to their surnames, skin colour or place of residence', 35 companies (including Axa, France Télévisions, Accor, Pinault Printemps La Redoute, Adia, Peugeot, Schneider, and the RATP) signed a 'diversity charter' (charte de la diversité) on 22 October 2004, in which they commit themselves to making the composition of their workforces more fully reflect the diversity of French society. Set up under the initiative of Claude Bébéar, chair of Axa’s monitoring board and the employers’ body Entreprise et Cité, this charter is based on the concept that diversity is 'in a company’s economic and social interests' and contributes to 'corporate creativity and competitiveness'. The charter aims to prioritise the recruitment and promotion of people from a variety of backgrounds, by setting out six commitments. The signatory companies must:

  • seek to reflect the cultural, technical and social diversity of French society in their personnel at all levels of qualification;
  • raise awareness of - and train leaders, the heads of human resources and staff involved in recruitment, training and career management about - what is at stake in anti-discriminatory practice and diversity;
  • promote the application of the principle of anti-discrimination in all its forms and at every step of human resource management;
  • communicate effectively their commitments and results in terms of diversity to all their employees;
  • make the design and implementation of a diversity policy a subject for dialogue with employee representatives; and
  • set out a list of actions taken in this field, plus goals and results, in their annual 'social report'.

Report prioritises integration of visible minorities into companies

For Mr Bébéar, 'fighting discrimination in the workplace is not a matter of compassion but one of obvious self-interest'. On 22 November 2004, he presented the Prime Minister with a report on the steps seen as required to overcome the inequalities involved in accessing employment experienced by the descendents of immigrants. The 24 proposals contained in the report, entitled 'Companies in French colours' (Des entreprises aux couleurs de la France), are supposed to bring about attitudinal change among company heads. By using the expression of English-language origin 'visible minorities', the report firstly targets the racism affecting 'people who may or may not be descendants of immigrants, who are resident in France, and whose skin colour makes them different in the eyes of the majority of our fellow citizens'. The founder of Axa calls on political and employers’ leaders to take practical steps in this area with regard to company recruitment.

In the opinion of the report’s author, inequalities are especially glaring in recruitment and career development. Mr Bébéar does not advocate the establishment of quotas but, among other measures, the systematic anonymisation of CVs prior to the initial selection interview in order to eliminate discrimination based on an applicant’s name or ethnic origin. To broaden the hunt in the recruitment of 'entrepreneurial and professional elites', he suggests also that companies fund scholarships for good students at collèges and lycées located in 'priority education zones' (zones d’éducation prioritaires, ZEPs). In terms of work experience postings, firms could commit themselves to not rejecting students selected for such experience by their schools, colleges or universities. A proposed new 'statistical snapshot' of companies would measure inequality and attempt to reduce it. On the basis of an anonymous questionnaire, 'each employee would say whether he or she belonged to a minority group'. This data would be published in the company’s sustainable development report. Urging companies with more than 300 employees to produce a 'diversity audit', to be included in the annual social report , would enable the efforts made to fulfil equality objectives to be assessed, it is suggested. However, the report argues against a massive deployment of immigration to plug the skills gaps in the workforce, and is sure that 'businesses can find the life force capable of creating wealth already in France'. This implies that there is an existing skills pool that companies could draw on, not only in terms of a workforce but also of future senior managers.

The proposals contained in the Bébéar report will be used as the basis for a national equal opportunities conference promised by the Prime Minister for January 2005 (FR0403101N). This will be an opportunity to try to 'stipulate the methods deemed necessary to transform statements of intent into actions, out of respect for the principle of equality'. It would also be a chance for the government to invite the social partners to negotiate an intersectoral agreement on the issue.

Court of Auditors critical of integration policy

On 23 November 2004, the Court of Auditors (Cour des Comptes) published a report entitled 'The reception of immigrants and the integration of immigrant-descended groups' (L’accueil des immigrants et l’intégration des populations issues de l’immigration), which is critical of France’s integration policies. The Court’s chair, Philippe Seguin, regrets 'the lack of consistency' of the strategies implemented and feels that 'the situation facing a large proportion of people descended from the most recent waves of immigration is more than worrying … It is a direct and indirect cause of serious social and racial tensions that are ominous signs for the future.'

The report describes 'a crisis situation' that is not the result of immigration but of 'the way in which immigration has been handled', claiming a partial failure of the French model of integration. This has allegedly become nothing more than an appendix to a policy of immigration control, with no consideration of its social and personal consequences. This deficiency has led to 'twin stumbling blocks'- the spatial concentration of a large majority of immigrant groups in particular areas and the large extent of illegal immigration.

The document examines the social predicament of immigrants and attempts to evaluate the efficiency of public policies. With a 'general impression that the results of the efforts made are unimpressive', three areas - housing, schools and employment - are seen as particularly illustrative of stumbling blocks. Indeed, housing policy has been 'over-ridingly indecisive' and the unique characteristics of integration into the school system have not been taken into account. As for employment, 'a major factor in integration', no crucial strategy has been set out, the report states. It advocates several avenues such as: an extension of work permits in certain occupation where there are labour shortages; increased flexibility in the public hospital service; an obligation to recruit from those immigrants already in the country for employers applying for work permits for new immigrant workers; and the conclusion of sector-level agreements to link employment contracts to social and cultural support procedures. Lastly, the report advocates the setting up of an 'interdepartmental authority' responsible for coordinating all these policies.

Reactions

On 2 November 2004, the General Confederation of Labour (Confédération générale du travail, CGT), the French Democratic Confederation of Labour (Confédération française démocratique du travail, CFDT), the French Christian Workers’ Confederation (Confédération française des travailleurs chrétiens, CFTC) and the National Federation of Independent Unions (Union nationale des syndicats autonomes, UNSA) signed a joint declaration restating their commitment to the struggle against forms of exclusion, racism, anti-semitism and all forms of discrimination, both in the workplace and elsewhere in society. For its part, during a recent seminar, the General Confederation of Labour-Force Ouvrière (Confédération générale du travail-force ouvrière, CGT-FO) reiterated its lasting commitment to combating all forms of discrimination and its willingness to act through training, information and awareness-raising in order to contain discriminatory behaviour and promote attitudinal change.

CFDT warmly welcomed the Bébéar report, because it 'rightly raises the challenge of mobilising all the actors to enable the inclusion of everyone in employment'. However, although it welcomes the broad outlines, CFDT has particular reservations: 'the anonymous CV will in no way resolve the problem. An initial interview does not mean the person will be recruited, and the probation period allows companies to get rid of an undesirable employee at any time.' In terms of the diversity audit, 'we are willing to discuss this further, but if the objective is only to prioritise the initial contact with an employer, more could be done and companies could be asked to commit themselves to interviewing all the applicants over a given period.' In any case, CFDT will seek to 'ensure that the national equal opportunities conference results in a genuine programme for the promotion of equal treatment'.

Commentary

Businesses now need new specialised skills and some of them are rethinking their work organisation as well as their operating methods. They are now publicising their determination to fight against discrimination and achieve equal treatment for all job applicants. They see a potential human resources asset in some immigrant-descended applicants, who had hitherto been dismissed out of hand. The employers' new recommendations in terms of fighting discrimination should not remain merely 'soundbites'. If they were to materialise into practical action, they would contribute de facto to the acknowledgement of diversity in the workplace and ultimately, to social cohesion. (Mouna Viprey, IRES)

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