Essentials
As communication consulting agencies, can we effectively address a multicultural, cosmopolitan, multiple and diverse society if our teams within the agencies are not representative of this diversity?
Discrimination issues in the corporate world and, similarly, in the communication sector, are more relevant than ever. Beyond the fight against discrimination, promoting diversity and inclusion of all profiles within agencies is a major challenge.
We can no longer be content with being tolerant or neutral in the face of active, visible or invisible discrimination that persists in all companies. This is the role of inclusion: it is the responsibility of employers and managers to create work environments where each member of the staff can feel like themselves, respected, accepted, and valued. Inclusion ultimately means embracing our diversity.
DÉFINITIONS
Diversity
Diversity is mainly a demographic and numerical data. It is illustrated by the variety of profiles present within a company. It includes numerous criteria related to the individualities of employees, such as:
• Country, region or neighborhood of origin
• Socio-professional category or social origin
• Culture(s)
• Sexual orientation, gender identity or gender expression
• Spoken language and accent
• Age
• Disability
• Religion
• Gender
• Physical appearance or skin color
• Education and background
And much more!
Far from the expression, which is becoming outdated for good reasons, “diversity candidate,” every individual within a company is actually part of this diversity thanks to all the elements that make up their person and profile. However, it is the employer’s role to ensure the heterogeneity of the profiles that make up their team(s) in order to avoid falling into uniformity.
Inclusion
Inclusion is the act of valuing and protecting a company’s diversity by accepting, appreciating, and considering differences as an asset. This involves proactive policies to create a conducive environment for employees, where the management ensures that every person is respected, treated fairly, and has access to the same opportunities.
In France, the term “integration” was used for a long time before the term “inclusion” was established in the late 2010s. This change of term is also a paradigm shift: integration, in a way, placed the burden of inclusion on individuals. Today, it is believed that it is the company’s responsibility to ensure that everyone, in their diversity, can be included.
The purpose of proactive policies remains the active prevention of discrimination, compliance with social policy laws, as well as engagement, well-being, and retention of employees.
Discrimination
Discrimination corresponds to a very precise definition, set forth in French law, as well as in international conventions and European texts. In French law, there is Article 225-1§1 of the Penal Code which defines what discrimination is, Article L1132-1 of the Labor Code which specifies what discrimination is in the workplace, as well as Law No. 2008-496 of May 27, 2008 which lists all the discrimination criteria. Other texts also refer to discrimination, particularly to specify situations or criteria.
Discrimination is thus defined as unfavorable treatment that must meet two conditions:
- Be based on one of the 25 criteria defined by law.
- Result from a situation defined by law.
The list of 25 discrimination criteria is as follows:
- Physical appearance
- Age
- Health status
- Belonging or not belonging to an alleged race
- Belonging or not belonging to a nation
- Gender
- Gender identity
- Sexual orientation
- Pregnancy
- Disability
- Origin
- Religion
- Vulnerability resulting from one’s economic situation
- Banking domicile
- Political opinions
- Philosophical opinions
- Family situation
- Genetic characteristics
- Habits
- Surname
- Union activities
- Place of residence
- Belonging or not belonging to an ethnic group
- Loss of autonomy
- Ability to express oneself in a foreign language
The fields and situations defined by law are as follows:
- Access to employment, career, disciplinary sanctions, and dismissal
- Remuneration and benefits
- Access to private goods and services (housing, credit, and leisure)
- Access to public goods and services (education, health care, civil status, and social services)
- Access to a public place (nightclub, prefecture, store, and town hall)
- Access to social protection
- Education and training
In addition to these fields, moral or sexual harassment based on one of these criteria is also considered discrimination, as is incitement or instruction to discriminate.
Did you know?
Whether direct or indirect, meaning it stems from a purely discriminatory act or from a situation, practice or internal directive with discriminatory effects, it is equally considered discrimination under the law.
The risks for the employer, in addition to the nullity of the discriminatory action and the financial compensation for the harm caused, are mainly of a criminal nature. If the company’s liability is engaged, it may face fines of up to €225,000. Individuals, on the other hand, face up to three years in prison and fines of up to €45,000.
It’s not just HR’s business!
There is generally no impunity in cases of discrimination: many entities can be called upon to intervene in cases of discrimination in the workplace, such as the Defender of Rights, unions, labor inspectors, employee representatives, CSE, associations fighting discrimination… Therefore, it is in the best interest of companies to actively prevent discrimination.
Cognitive biases
Every second, our brain processes considerable amounts of information. To become more efficient, it takes shortcuts. These are known as cognitive biases.
Cognitive biases are natural mental shortcuts that allow us to make decisions more easily.
Like all biases, they are not necessarily rational or legitimate, and are often based on stereotypes related to internalized education, sometimes reinforced by societal representations.
A stereotype is a prejudice that attributes characteristics to a person based on their belonging to a group. To fight against it, one must not only recognize when it is activated, but also reflect on it.
Equality of opportunity
A vision of equality that seeks to ensure that individuals have “the same chances,” the same professional opportunities, regardless of their social or ethnic origin, gender, gender identity, their parents’ financial means, their education or diploma, their place of birth, their religious conviction, their sexual orientation, any disabilities they may have…
SOME SUGGESTIONS TO GET STARTED
VOLUNTARISM
D&I is first and foremost a matter of voluntary choice by management and leadership!
Roadmap
It is essential to set a clear roadmap and goals by involving the relevant departments.
TRAINING
Training HR and leadership on all aspects of inclusion and diversity is necessary to sustainably drive the agency forward.
RECRUITMENT
Design recruitment and selection processes to eliminate any risk of discrimination: selection based on skills, precise evaluation grids for interviews, practical cases…