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discrimination on the basis of nationality

 
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dutchman



Joined: 10 Mar 2010
Posts: 84

PostPosted: Fri Jul 22, 2011 6:33 pm    Post subject: discrimination on the basis of nationality Reply with quote

The fact that certain Saudi employers discriminate against their employees and job applicants on the basis of their nationality is well-known. I was wondering whether I could lodge a complaint in the UK when a Saudi recruiter that has a branch in the UK openly discriminates on the basis of an applicant's nationality. A recruiter has recently advertised an advert on Dave's saying that they need 500 ESL instructors to work in Riyadh, Jeddah and Alkhobar. And they say on their website that MA holders from India, Pakistan and Malaysia get a base salary of 18K-22K$, and BA holders from the UK, US and other anglophone countries get 30K-38K$. They have a branch in Hove in the UK, and they claim to have a partnership with Exeter, Reading, Coventry and several other British universities. I was wondering what legal course of action I can take in the UK. Is there any governmental agency that I can report recruiters that openly discriminate in their hiring practices?

Last edited by dutchman on Thu Jul 28, 2011 7:12 pm; edited 1 time in total
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johnslat



Joined: 21 Jan 2003
Posts: 13859
Location: Santa Fe, New Mexico, USA

PostPosted: Fri Jul 22, 2011 7:46 pm    Post subject: Reply with quote

Dear dutchman,

Not totally sure about this, but I believe that as long as they don't discriminate regarding hiring WITHIN the UK, there nothing the IK authorities can do about it.

The UK can't police the hiring practices in Saudi Arabia.

Regards,
John
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dutchman



Joined: 10 Mar 2010
Posts: 84

PostPosted: Fri Jul 22, 2011 8:57 pm    Post subject: Reply with quote

But if they operate in the UK, then they would be subject to the British law, even if they hire me for a Saudi institution. I live in the UK as well, and I would be applying for the job from within the UK.
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johnslat



Joined: 21 Jan 2003
Posts: 13859
Location: Santa Fe, New Mexico, USA

PostPosted: Fri Jul 22, 2011 9:28 pm    Post subject: Reply with quote

Dear dutchman,

True, but you wouldn't be working in the UK. If a company in Saudi Arabia, say, advertises for a "secretary," they're not going to hire a women in the UK.

They operate in the UK - and, in their UK offices, they would have to follow UK laws regarding hiring. But the UK can't do anything to them for advertising jobs in OTHER countries where discrimination might be rife.

Regards,
John
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Middle East Beast



Joined: 05 Mar 2008
Posts: 836
Location: Up a tree

PostPosted: Fri Jul 22, 2011 9:59 pm    Post subject: Reply with quote

I think this issue mirrors a potential discrimination charge when a company like BAE advertises for males only for jobs in KSA. They can do that because the work is in KSA and Saudi law allows it.

Someone correct me if I'm off base here.

MEB Cool
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johnslat



Joined: 21 Jan 2003
Posts: 13859
Location: Santa Fe, New Mexico, USA

PostPosted: Fri Jul 22, 2011 10:12 pm    Post subject: Reply with quote

Dear MEB,

On base - I'd say.

Regards,
John
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It's Scary!



Joined: 17 Apr 2011
Posts: 823

PostPosted: Fri Jul 22, 2011 10:25 pm    Post subject: Reply with quote

My little piece of the US government tried a tack that got it bit in the arse. They asked for volunteers to go to Saudi TDY, but one of the requirements was that the applicant had to be eligible for a Saudi driver's license.

That went over like a Led Zeppelin! Cool Laughing

It's Scary!
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veiledsentiments



Joined: 20 Feb 2003
Posts: 17644
Location: USA

PostPosted: Sat Jul 23, 2011 2:23 am    Post subject: Reply with quote

Why? Was this the question to weed out the females? Cool

VS
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It's Scary!



Joined: 17 Apr 2011
Posts: 823

PostPosted: Sat Jul 23, 2011 2:33 am    Post subject: Reply with quote

"But, of course, Mon frere!"

It's Scary!
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BadBeagleBad



Joined: 23 Aug 2010
Posts: 1186
Location: 24.18105,-103.25185

PostPosted: Sat Jul 23, 2011 2:44 am    Post subject: Reply with quote

Middle East Beast wrote:
I think this issue mirrors a potential discrimination charge when a company like BAE advertises for males only for jobs in KSA. They can do that because the work is in KSA and Saudi law allows it.

Someone correct me if I'm off base here.

MEB Cool


It�s not just in Saudi Arabia, some types of discrimination are legal, even in the US and Canada, and I would assume, the UK. For example, it is legal to hire only make teachers for an all boy schools, and to hire only Catholic teachers for a Catholic school.
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caliph



Joined: 05 Jun 2006
Posts: 218
Location: Iceland

PostPosted: Sat Jul 23, 2011 5:54 am    Post subject: Reply with quote

It's their country and they do as they wish. I doubt any western country that sells them defense and other industrial materials, and gets oil from them would make a fuss over an ESL instructor.
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johnslat



Joined: 21 Jan 2003
Posts: 13859
Location: Santa Fe, New Mexico, USA

PostPosted: Sat Jul 23, 2011 1:20 pm    Post subject: Reply with quote

Dear BadBeagleBad,

True - "Congress has exempted religious institutions from much of Title VII's prohibition against employment discrimination on the basis of religion. Specifically, that prohibition does not apply to religious organizations "with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such [an organization] of its activities." 42 U.S.C. � 2000e-1. This exemption clearly makes Title VII inapplicable to Catholic schools when they discriminate by hiring and retaining Catholics in preference to non-Catholics. This case raises the more difficult question of whether Title VII applies to a Catholic school that discriminates against a non-Catholic because her conduct does not conform to Catholic mores. Because applying Title VII in these circumstances would raise substantial constitutional questions and because Congress did not affirmatively indicate that Title VII should apply in situations of this kind, we interpret the exemption broadly and conclude that Title VII does not apply."

although I - an agnostic - taught religion (among other subjects) at a parochial school in Santa Fe, NM (I just didn't tell them I was an agnostic, similar to how people fill out the "religion" section of Saudi employment applications.)

Regards,
John
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BadBeagleBad



Joined: 23 Aug 2010
Posts: 1186
Location: 24.18105,-103.25185

PostPosted: Sat Jul 23, 2011 1:44 pm    Post subject: Reply with quote

The reason I know this is that I taught a Catholic school in the US. I am, in fact, a praticing Catholic, so it wasn�t a problem. In the school I worked at it wasn�t so much that they expected to behave according the Catholic mores, but because in the early years there was quite a bit of religious instruction, and I suppose it seemed to them that a non-Catholic might have a hard time with that.
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johnslat



Joined: 21 Jan 2003
Posts: 13859
Location: Santa Fe, New Mexico, USA

PostPosted: Sat Jul 23, 2011 3:10 pm    Post subject: Reply with quote

Dear BadBeagleBad,

Well, as a "lapsed Catholic" (who had also spent two years in the seminary,) I was up on the dogma, but I did include a fair amount of "comparative religion" and "ethical/moral dilemmas" in my classes.

Regards,
John
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