By Ian Rogers*
The [Australian] Human Rights Commission has found ANZ discriminated against a promising hire to a project manager position, after a police check turned up a youthful conviction for armed robbery.
The job applicant, cited in the Commission decision as AN, denied any prior convictions in a job application handled for the bank by the recruitment firm Robert Walters in 2013.
The routine criminal records check turned up the prior and led ANZ to withdraw an employment offer as technology project manager.
The job applicant had an extensive and credible work record with Telstra, Lonely Planet and Sensis.
"His professional referees provided very positive references to Ms Said in relation to the potential recruitment of Mr AN for the position," the HRC ruling said.
The complainant also contended the context of the offence, including his age, social background and the fact he was not in fact armed (although a co-accused was) were all relevant factors.
The Commission concluded that "ANZ’s act of refusing to engage Mr AN… constituted an exclusion made on the basis of criminal record.
"This had the effect of nullifying or impairing Mr AN’s equality of opportunity or treatment in employment or occupation."
ANZ's decision "was not based on the inherent requirements of the job."
ANZ said in a response to the Commission that it would conduct refresher training with relevant recruitment decision makers.
The bank also said "it now places a greater emphasis on the age of a criminal conviction in determining whether an employee or contractor can perform the inherent requirements of a particular role."
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Ian Rogers publishes Banking Day in Melbourne, Australia.
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