Commission finds discrimination in hiring at Center for Culture ASNOM in Gostivar

The Commission for Prevention and Protection from Discrimination (KSDZ) found that a Macedonian applicant was directly discriminated against on the basis of ethnicity, access to employment and gender by the National Institution Center for Culture ASNOM in Gostivar.

The KSDZ's decision notes the institution employs 34 people: 26 Albanians, 4 Macedonians, and two each from the Turkish and Roma communities. In the arts and culture sector where the applicant competed, all 15 employees are of Albanian ethnicity.

Commission: selection lacked measurable justification

The complainant told the commission he was ranked fourth after the interview solely because the interview panel decided so, without a clear or verifiable explanation showing that the point differences of two or three were based on objectively measurable differences in competence.

In its decision the commission wrote: "The principle of appropriate and fair representation remains a fundamental value of the constitutional order; it is relevant for personnel planning, institutional policies and monitoring the structure of employees. The institution has an obligation to respect and at the same time to guarantee equal access to every job under equal conditions. It must not guarantee by ethnic affiliation, nor turn ethnic affiliation into a condition for employment. And when there are serious statistical and structural indications of ethnic homogeneity, it is obliged to demonstrate that the specific decision was made on the basis of neutral, measurable and verifiable criteria."

The commission found that, for the advertised position of "library assistant," all 11 employees in the library unit were Albanian and that only one of them is male. Three people were to be hired for the vacancy; according to the commission's interview assessments, three women of Albanian nationality were chosen. The director of the cultural centre forwarded only the scored list to the commission without individualized explanations for differences in candidates' scores and answer quality.

KSDZ recommended that the Center for Culture ASNOM annul the selection of the three hires and, within 30 days of receiving the commission's opinion, publish a new public announcement and conduct a new selection procedure that follows principles of equal treatment, non-discrimination, professional competence, transparency and verifiability of assessment. The institution must also consider obligations under the Law on Equal Opportunities for Women and Men and the Law on Prevention and Protection from Discrimination.

The commission further advised the institution to establish clear, measurable and verifiable criteria for interview scoring, to record candidates' answers in writing, to list points per question and to provide a short individualized justification for scores so that future hiring cannot be non-transparent or discriminatory. The cultural centre has 30 days to notify the commission of implemented recommendations; otherwise the commission will refer the case to the competent court.

Photo: Centar za kultura ASNOM)