Compilation of decisions of the Committee on Freedom of Association

Protection against discrimination13

Forms of discrimination

Discrimination in relation to hiring

1. Workers face many practical difficulties in proving the real nature of their dismissal or denial of employment, especially when seen in the context of blacklisting, which is a practice whose very strength lies in its secrecy. While it is true that it is important for employers to obtain information about prospective employees, it is equally true that employees with past trade union membership or activities should be informed about the information held on them and given a chance to challenge it, especially if it is erroneous and obtained from an unreliable source. Moreover, in these conditions, the employees concerned would be more inclined to institute legal proceedings since they would be in a better position to prove the real nature of their dismissal or denial of employment.

1. With regard to special committees set up under a law with a view to granting or refusing the certificates of loyalty required of certain workers in public utility undertakings if they were to be engaged or retained in service, the Committee recalled the desirability of ensuring that the special committees in question should not be used in such a manner as to give rise to anti-union discrimination.

1. Legislation should allow the possibility to appeal against discrimination in hiring, i.e. even before the workers can be qualified as employees.

1. The Committee has expressed its fear that the use of polygraph tests during hiring interviews may lead to anti-union discriminations.