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Job Offer Applicant: authorized recruitment methods

Verified 13 January 2020 - Directorate for Legal and Administrative Information (Prime Minister)

An employer considering recruitment is not permitted to ask any question of the candidate during the interview. The employer cannot use any method of assessment. The candidate is protected during the recruitment process, particularly with respect to privacy.

In the course of a recruitment procedure, the employer does not enjoy complete freedom in the use of the methods and techniques used to assist recruitment. These must be relevant and used to assess the candidate's skills.

The information requested from the applicant shall only be used to assess his/her ability to hold the proposed job or his/her professional skills.

This information can be requested in writing (job questionnaire) and orally (job interview).

They must have a direct and necessary link with the proposed job or with the assessment of his abilities.

Thus, the employer must not ask questions about the individual situation of the candidate concerning:

  • His state of health
  • Its family location
  • Membership in a trade union
  • Her sex life
  • Its accommodation
  • Its leisure activities

The employer can ask the applicant if he has a driver's license when the job requires it.

The applicant must respond in good faith to these requests for information.

Warning  

a candidate recruited on the basis of false information may be dismissed for simple fault (or serious misconduct, if such information was decisive in his recruitment).

The methods and techniques used to assist recruitment must be made known to the applicant and the Social and Economic Committee..

Such methods and techniques of assisting in the recruitment or assessment of candidates must be relevant to the purpose pursued. The use, in particular, of astrology, graphology or numerology is prohibited, unless the relevant justifications are given.

The results obtained must remain confidential, except for the candidate.

The choice of the recruited candidate is freely chosen by the employer.

However, it is prohibited to refuse to recruit a candidate on discriminatory grounds, i.e. justified by one of the following criteria:

  • Age
  • Physical appearance
  • Genetic characteristics
  • Banking
  • Health status
  • Pregnancy
  • Disability
  • Gender identity
  • Spoken language (ability to speak in a language other than French)
  • Place of residence
  • Mothers
  • Name
  • Philosophical opinions
  • Political opinions
  • Sexual orientation
  • Origin
  • Particular vulnerability related to the economic situation
  • Loss of autonomy
  • Alleged race, ethnicity, nationality: membership or non-membership
  • Religion: belief or affiliation or non-affiliation
  • Gender
  • Family situation
  • Syndicalism

Any candidate rejected on these discriminatory grounds may refer the matter to the prud'homme council to claim damages for the damage suffered.