Is this racist....?

[Orb the Impaler]

http://www.jobserve.com/WCBEFFC65C38365DB.jsjob

"Ideally you will be of Indian origin"

Now I can see why this may be important for the job, but as far as I can see the above statement is illegal, no?

I'm tempted to apply for it just so that I can then sue for racism.

[Marf]

I would say its likely that it could be construed as racist, at least discrimination. If they'd been smarter they'd have requested someone with Indian language skills.

Edited by Marf on Monday 16th February 14:14

[10 Pence Short]

I wouldn't have said it was racist. It doesn't say the post has to be filled by a person of Indian origin. It does say the project is India related, so it is common sense to look for someone who has the necessary skills, plus an Indian background.

[anonymous-user]

Orb the Impaler said:

I'm tempted to apply for it just so that I can then sue for racism.

How do you know you wont get the job?

[M3CHA-MONK3Y]

I don't think its racist either, but if you like, I can change it so it is?

[mrmaggit]

Yes it is, but nothing will happen. To be PC, they should have asked for Indian Language fluency (and stated language required) and stated that experience of living in India would be advantageous.

HTH

[ewenm]

Is "Indian" a race?

[fathomfive]

10 Pence Short said:

I wouldn't have said it was racist. It doesn't say the post has to be filled by a person of Indian origin. It does say the project is India related, so it is common sense to look for someone who has the necessary skills, plus an Indian background.

Not racist, no. Discriminatory, well that depends on your understanding of "ideally".

You can guarantee an uproar would ensue if anyone posted a job up with the phrase "Ideally you will be of English origin" though.

[Strangely Brown]

Yes, it's racist.

ETA: The applicant's ethnic origin is completely irrelevant; only that they can do the job. Should have asked for language skills rather than even mention ethnic origin.

Edited by Strangely Brown on Monday 16th February 14:22

[hugoagogo]

I'm thinking of applying
thanks for posting the ad

Big Chief Hugo Running Bear

[bitwrx]

Could be construed as discriminatory. They would have been better off to specify someone who could speak Hindi/Urdu/whatever and is happy to move to India, rather than the background.

I base that on a 2 hour lecture on employment law I once had.

[edwardsje]

fathomfive said:

10 Pence Short said:

I wouldn't have said it was racist. It doesn't say the post has to be filled by a person of Indian origin. It does say the project is India related, so it is common sense to look for someone who has the necessary skills, plus an Indian background.

Not racist, no. Discriminatory, well that depends on your understanding of "ideally".

You can guarantee an uproar would ensue if anyone posted a job up with the phrase "Ideally you will be of English origin" though.

It's the "ideally" that will cause the problem.

It's not against the law to advertise for a person of X race providing it can be shown to be a genuine requirement of the job.

Ideally is too equivocal - showing that it isn't a genuine requirement.

[FourWheelDrift]

No they can't use that as it comes under the race relations guidelines to advertising - http://www.reedbusiness.co.uk/GuideDocuments/discr...

So they can't use that in an advert.

[ukwill]

flip it round. If it said "...of English origin" what do you imagine then?

[mouk786]

ukwill said:

flip it round. If it said "...of English origin" what do you imagine then?

you mean like if it was a job in india which required the person to ocme to england?

[esselte]

mouk786 said:

ukwill said:

flip it round. If it said "...of English origin" what do you imagine then?

you mean like if it was a job in india which required the person to ocme to england?

So I gather you think it's OK? Really they should just have put Hindi speaking or whatever as a requirement...?

Edited by esselte on Monday 16th February 14:38

[ipitythefool]

Discriminatory yes, racist no.

After all it only says Indian origin not Indian race. I've known a few Indian nationals of caucasian race.

[mouk786]

esselte said:

mouk786 said:

ukwill said:

flip it round. If it said "...of English origin" what do you imagine then?

you mean like if it was a job in india which required the person to ocme to england?

So I gather you think it's OK? Really they should just have put Hindi speaking or whatever as a requirement...?

Edited by esselte on Monday 16th February 14:38

I presume the other poster was asking what would happen if a UK company was asking for English origin people (queue everyone getting up in arms)- which isn't really the same as whats happening here.

I think its borderline discriminatory but they only have to change the wording a little.

[Brown and Boris]

Discriminatory as they have not claimed a Genuine Occupational Qualification ( GOQ).

The only time a GOQ is relevant is where the authenticity of, say a traditional Indian restaurant (not your local curry house, would be destroyed if you had anyone other than an Indian but to be frank I have never known anybody use that get out. I guess you could use it if making a film abioutthe life history of Churchill (old fat white man) or Ghandi (skinny old Asian man).

The only other time a GOQ is used is when the nature of the job (e.g. intimate involvement with men/women) demand a particular gender, or if providing personal care at home when I recall you do get some say. They can specify language skills if they are needed but cannot specify the ethnic origin of the person with those skills. Suggest you complain to them and if they are not co-operative, through the EHRC or an Employmnet Tribunal for race discrimination.

[Cap'n Custud]

It is discrimination but borderline. I have reported it as this sort of thing makes me very cross. Jobserve should not have allowed this.