INTERNATIONAL MIGRATION PAPERS

23

Discrimination in access to employment

on grounds of foreign origin :

the case of Belgium

Peter ARRIJN IISA

Serge FELD ULg (Gresp)

André NAYER ULB (CeRP) iii Table of contents

Foreword ...... vii

1. Introduction ...... 1 1.1. International comparative research in Belgium ...... 1 1.2. Belgium: a complex, specific institutional landscape ...... 1 1.3. Object of the research and political distribution of competences ...... 2 1.4. Decentralization and co-ordination of the research ...... 2 1.5. Regional presentation of results ...... 3 1.6. Structure of the report ...... 3

2. Demographic and social contexts ...... 3 2.1. Migration flows and foreign population trends ...... 3 2.1.1. Demographic trends in the foreign population in Belgium ...... 4 2.1.2. Naturalization trends ...... 5 2.2. The labour market in Belgium ...... 5

3. Identification of problems under-representation, selectivity and legal context ...... 6 3.1. Recruitment criteria : relevance and legitimacy ...... 6 3.1.1. Routine recruitment ...... 7 3.1.2. Recruitment according to law ...... 8 3.2. Non-discrimination in recruitment on grounds of ethnic origin ...... 9 3.3. Aspirations of the various actors ...... 10

4. Methodology ...... 11 4.1. The situation test ...... 11 4.1.1. In search of an appropriate methodology ...... 11 4.1.2. The situation test: general characteristics of the method ...... 12 4.1.3. Specific characteristics of the situation test ...... 12 4.1.4. Limitations of situation testing ...... 13 4.1.5. Applications ...... 14 4.2. Application of the methodology in Belgium ...... 14 4.2.1. Regional characteristics ...... 14 4.2.2. Definition of basic concepts and indicators ...... 15 4.2.2.1. The actors ...... 15 4.2.2.2. The indicators ...... 16 4.2.2.3. Discrimination ...... 16 4.2.3. Reasoned choice of variables ...... 17 4.2.3.1. National origin ...... 17 4.2.3.2. Qualification ...... 18 4.2.3.3. Age ...... 20 4.2.3.4. Sectors of activity of enterprises ...... 21 4.2.3.5. Distribution by occupation ...... 22 4.2.3.6. Distribution by method of application ...... 24 4.3. Conduct of situation tests in Belgium ...... 25 4.4. Production of a code book ...... 26

5. Definitions and results analysis criteria ...... 27 5.1. Definition of validity criteria ...... 27 5.1.1. Presentation ...... 27 5.1.2. Definitions ...... 27 5.2. Identification of discrimination criteria ...... 28 5.2.1. Differential treatment ...... 28 5.2.2. Differential behaviour ...... 28 5.3. Identification of recruitment stages ...... 28 5.3.1. Presentation of the candidate ...... 29 iv

5.3.2. Consideration of the candidate's qualifications ...... 29 5.3.3. Recruitment decision ...... 30

6. Results in the Walloon region (by F. Castelain-Kinet; L. Es-Safi; S. Feld; F. Lannoy; GRESP, University of Liège) ...... 30 6.1. Description of the survey procedure ...... 30 6.1.1. Selection of testers ...... 30 6.1.2. Training the testers ...... 31 6.1.3. The testing procedure ...... 31 6.1.3.1. Survey periods ...... 31 6.1.3.2. Methodology ...... 31 6.1.3.3. Location of tests ...... 32 6.1.3.4. Diversity of jobs applied for ...... 32 6.1.3.5. CV writing ...... 33 6.1.3.6. Difficulties encountered ...... 33 6.1.4. Spontaneous applications ...... 35 6.2. Findings of the survey based on the situation test ...... 37 6.2.1. Introductory remarks ...... 37 6.2.2. First stage, establishment of contact (presentation of the applicant) ...... 38 6.2.3. Second stage, interview with the 2 applicants (review of the applicants’ qualifications) ...... 38 6.2.4. Third stage, recruitment decision ...... 39 6.2.5. Calculation of the critical rate ...... 40 6.3. Validity test...... 40 6.4. Discrimination and type of application ...... 41 6.5. Discrimination according to certain variables ...... 42 6.5.1. Discrimination by sector ...... 43 6.5.2. Discrimination and visual contact with the clientele ...... 43 6.5.3. Discrimination and type of occupation ...... 44 6.5.4. Discrimination and type of contract ...... 44 6.6. Differential behaviour ...... 44 6.6.1. Differential behaviour according to team ...... 45 6.6.2. Differential behaviour and type of application ...... 45 6.6.3. Patterns of discrimination ...... 46 6.7. Conclusions ...... 48

7. Results in the Flemish region (by H. Delagrange; IISA, Brussels) ...... 49 7.1. Introduction ...... 49 7.2. Description of the procedure ...... 49 7.2.1. Selection of testers ...... 49 7.2.2. Training of testers ...... 50 7.2.3. Testing process ...... 50 7.2.3.1. Testing periods ...... 50 7.2.3.2. Region ...... 50 7.2.3.3. Sectors ...... 50 7.2.3.4. Drafting a CV ...... 51 7.2.4. Spontaneous applications ...... 52 7.3. Results ...... 53 7.4. Calculation of the critical rate ...... 54 7.5. Validity test ...... 54 7.6. Discrimination according to type of application ...... 55 7.7. Discrimination according to certain variables ...... 56 7.7.1. Sector ...... 56 7.7.2. Discrimination and visual contact ...... 57 7.7.3. Discrimination and the nature of the occupation ...... 58 7.7.4. Type of contract ...... 58 7.8. Differential behaviour ...... 58 v

7.9. Conclusion ...... 59

8. Results in the Brussels-Capital Region (Male teams) ...... 60 8.1. Description of survey procedure ...... 60 8.1.1. Selection of testers...... 60 8.1.2. Training of the candidates ...... 61 8.1.3. The survey periods ...... 62 8.1.4. Difficulties encountered ...... 62 8.2. Survey findings based on the situation test...... 64 8.2.1. Introductory remarks ...... 64 8.2.2. First stage, initial contact: presentation of applicants ...... 66 8.2.3. Second stage, interviews with applicants: review of applicants' qualifications ...... 66 8.2.4. Third stage: job offer: hiring decision ...... 66 8.2.5. Calculation of the critical rate ...... 66 8.3. Independence test: discrimination and teams...... 67 8.4. Results in relation to certain variables and the concepts selected for presenting them ...... 69 8.4.1. Discrimination and nature of occupation ...... 70 8.4.2. Discrimination and sectors of activity ...... 71 8.4.3. Discrimination and visual contact ...... 72 8.4.4. Discrimination and zone ...... 72 8.4.5. Discrimination and type of contact ...... 74 8.5. Discrimination as an everyday experience: behaviour patterns ...... 74 8.5.1. Identification of the different forms of differential behaviour; definitions and description ...... 74 8.5.1.1. Distortion of recruitment procedure ...... 74 8.5.1.2. The false statement ...... 75 8.5.1.3. Imposition of different working conditions ...... 76 8.5.1.4. Adoption of particular attitudes ...... 76 8.5.1.5. Arguments based on ethnic origin ...... 76 8.5.2. Analysis: cross-references with certain variables ...... 77 8.5.2.1. Behaviour and teams ...... 77 8.5.2.2. Behaviour and discrimination ...... 77 8.5.2.3. Behaviour and occupation ...... 78 8.5.2.4. Behaviour and sectors ...... 79 8.5.2.5. Behaviour and visual contact ...... 79 8.5.2.6. Behaviour and zones ...... 79 8.5.3. Requirement of proficiency in the second language ...... 80 8.5.4. Placement on a reserve file or waiting list ...... 81 8.5.5. "On the spot situations": extract from surveys ...... 82 8.6. Conclusions ...... 85

9. Results in the Brussels-Capital Region (Women's teams) ...... 85 9.1. Context: The labour market in Brussels and Belgian and foreign women workers ...... 85 9.2. Findings of the teams of women testers in the Brussels-Capital Region ...... 87 9.2.1. Findings of survey conducted on the basis of situation tests ...... 87 9.2.2. Independence test: discrimination and teams ...... 89 9.2.3. Cross-referencing with several variables ...... 91 9.2.3.1. Discrimination and occupation ...... 91 9.2.3.2. Discrimination and sector ...... 92 9.2.3.3. Discrimination and visual contact ...... 93 9.2.4. Discrimination as an everyday experience: behaviour patterns ...... 93 9.2.4.1. Presentation of the different forms of differential behaviour ...... 94 9.2.4.2. Behaviour and teams ...... 95 9.2.4.3. Behaviour and discrimination ...... 95 9.2.4.4 Behaviour and sector of activity of enterprises ...... 96 vi

9.2.4.5. Behaviour and nature of occupation ...... 96 9.2.4.6. Behaviour and the "visual contact" variable ...... 97 9.3. Discrimination in the Brussels-Capital Region against male and female workers of foreign origin: similarities and disparities ...... 97 9.3.1. The global approach ...... 97 9.3.1.1. Results of survey based on the situation test ...... 97 9.3.1.2. Discrimination according to gender of testers ...... 99 9.3.1.3. Discrimination and function ...... 99 9.3.1.4. Discrimination and sectors of activity of enterprises ...... 100 9.3.1.5. Discrimination and visual contact involved in the job ...... 101 9.3.1.6. Differential behaviour patterns ...... 102 9.3.2. Targeted approach ...... 102 9.3.2.1. Discrimination and gender ...... 103 9.3.2.2. Employers' behaviour and applicants' gender ...... 105 9.4. Conclusions ...... 107

10. Synthesis of results ...... 109 10.1. Results of surveys based on situation testing ...... 109 10.1.2. Comments to the table ...... 109 10.1.2.1. Selection of usable valid case-files ...... 109 10.2. Independence test: discrimination and teams ...... 113 10.3. Discrimination relative to certain variables ...... 113 10.3.1. Variables common to the country's three regions ...... 114 10.3.1.1. Discrimination and visual contact ...... 114 10.3.1.2. Discrimination and sectors of activity of the enterprises ...... 114 10.3.1.3. Discrimination and type of occupation ...... 114 10.3.2. Variables specific to certain regions ...... 115 10.3.2.1. Discrimination and type of contract (Wallonia) ...... 115 10.3.2.2. Discrimination and type of application (Flanders and Wallonia) ...... 115 10.3.2.3. Discrimination and type of contact (Brussels) ...... 115 10.3.2.4. Discrimination and zones (Brussels) ...... 115 10.4. Differential behaviour patterns ...... 116 10.4.1. Variables common to several regions (Wallonia and Brussels) ...... 116 10.4.1.1. Differential behaviour and discrimination ...... 116 10.4.1.2. Differential behaviour and teams ...... 116 10.4.1.3. Differential behaviour and visual contact ...... 116 10.4.2. Specific variables (Brussels) ...... 116 10.5. Conclusions ...... 117

Bibliography ...... 121

Acknowledgements ...... 129

International Migration Papers ...... 131 vii

Foreword

This is a paper of the ILO’s Migration Programme, located within the Conditions of Work Branch. The objectives of the Programme are to contribute to (i) the formulation, application and evaluation of international migration policies suited to the economic and social aims of governments, employers’ and workers’ organizations, (ii) the increase of equality of opportunity and treatment of migrants and the protection of their rights and dignity. Its means of action are research, technical advisory services and co-operation, meetings and work concerned with international labour standards. Under the Programme the ILO also collects, analyses and disseminates relevant information and acts as the information source for its constituents, ILO units and other interested parties.

The ILO has a constitutional obligation to protect the ‘interests of workers when employed in countries other than their own’. This has traditionally been effected through the elaboration, adoption and supervision of international labour standards, in particular the Migration for Employment Convention (Revised), 1949 (No. 97); the Discrimination (Employment and Occupation) Convention, 1958 (No. 111); the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143); and the non-binding Recommendations supplementing them. International legal instruments of this kind are designed to influence national legislation and regulations in each country which has ratified these Conventions; and in this way they aim at changing not only legislation but the actual practices as well.

The key concern of ILO standards for migrant workers is non-discrimination or equality of opportunity and treatment. Many countries broadly adhere to this objective in the economic and social spheres. Some countries ratify ILO Conventions and do their level best to fulfil the obligations deriving from them. One might expect, therefore, that discrimination would no longer be part of the legislation or practices of these countries. Unfortunately, a great deal of circumstantial evidence exists that this assumption does not hold in certain respects and especially not at the workplace in private or public enterprises; and such evidence also exists for countries not having ratified ILO Conventions.

In 1993, the ILO launched a programme to combat discrimination against immigrant workers and ethnic minorities in the world of work. This programme, geared in particular to the migrant- receiving industrialized countries, is designed to inform decision-makers, employers, workers and training personnel, on the basis of an international comparison, on how to render legislative measures and training activities more effective in fighting discrimination: it covers four main components: i) empirical verification of discrimination; ii) research to assess the scope and efficacy of legislative measures designed to combat discrimination; iii) research to evaluate training and education in anti-discrimination or equal treatment; iv) international seminars to discuss the research findings.

This document sets out the findings of research work conducted in Belgium for the first component of the programme. It demonstrates convincingly, for the first time, that discrimination against job seekers of foreign origin is widely prevalent despite legislative measures prohibiting discriminatory practices. It is hoped that the conclusions of this report will help to spread awareness of the extent of the problem of discrimination in the world of work. If this is indeed the case, the first step towards the development of anti-discrimination strategies will have been taken. viii

We wish to express our profound gratitude to the Federal Office for Scientific, Technical and Cultural Affairs in Brussels for its financial support in the completion of this survey.

October 1998 F.J. Dy-Hammar Chief Conditions of Work Branch 1

1. Introduction

1.1. International comparative research in Belgium

The research on discrimination in access to employment, already conducted in other countries1 at the behest of the International Labour Office, was carried out in the three regions of Belgium.

The work was carried out in accordance with the situation test methodology described in the Manual for international comparative research on discrimination on the grounds of "race" and ethnic origin2. Discrimination against young persons of Moroccan origin3 was tested in the course of recruitment procedures for jobs open to semi-skilled workers.

The tests were conducted in Antwerp, for Flanders, Brussels for the Brussels-Capital Region, and Liège for Wallonia. They took place during two successive periods: from February to June 1996 and from October to December 1996 (November 1996 to February 1997 in Antwerp).

1.2. Belgium: a complex, specific institutional landscape

Belgium has a complex political and institutional structure. It reflects the country's heterogeneous nature and the development of the different communities which make up its population. Over the years, these have acquired a certain degree of autonomy in particular spheres.

Belgium operates under a "superimposed federalism", regarded as unique in Western Europe4. In fact, "Belgium is a federal State composed of Communities and Regions" (Belgian Constitution, Art. 1). However, the three Communities (Flemish, Walloon and German-speaking)5 do not coincide with the three Regions (Brussels, Flanders and Wallonia)6. From the point of view of distribution of prerogatives, "the competences of the State and those of its components are mutually exclusive".7 This is the principle, for, in reality, certain competences overlap.

1.3. Object of the research and political distribution of competences

1 Especially Germany, Spain, the United States, the Netherlands,.... see below, 4.1.5.

2 By Bovenkerk, F., ILO, Geneva, 1992. An unofficial translation has been produced by the project coordinator in Belgium.

3 According to the opinion expressed in the above-mentioned manual by F. Bovenkerk, p. 36: "They constitute one of the largest immigrant groups and the one most affected by social prejudice and the political mobilization against foreigners".

4 See Delpérée, F. and Verdussen, M., Le système fédéral, Belgique fédérale, (dir. Delpérée F.), Bruylant, Brussels, 1994, pp. 47-61.

5 Art. 2 of the Constitution.

6 Art. 3 of the Constitution.

7 Delpérée, F. and Verdussen, M., 1994, quoting Ergec R., "A federal State in gestation: Belgian institutional reforms 1988-1988, Rev, dr. publ., 1991, p. 1597, No. 5. 2

Without providing an exhaustive commentary on the separation of powers, it is worthwhile, in presenting the findings of this research, which touches on the spheres of competence of the Federal State, the Communities and the Regions, recalling the current distribution of the competences concerned by the topics studied here. - Employment policy and social promotion come under the responsibility of the regions. - Vocational retraining, further training and redeployment, assistance to individuals, including reception of immigrants, falls within the jurisdiction of the Walloon and Brussels regions on the one hand, and the combined jurisdiction of the Flanders community and region, on the other. - Education, at all levels, lies within the competence of the communities. - Rights and obligations of employers and workers, social integration, repression of discrimination in access to employment lie within the jurisdiction of the federal State, to which are also assigned residual competences relating to domains not falling within the jurisdiction of the communities or regions.

1.4. Decentralization and co-ordination of the research

Since the institutional, demographic and social structure of each of the country's three regions is not homogeneous1, it would have been wrong to extrapolate the research findings to the Kingdom as a whole. We shall see that the differences observed in the regional findings confirm this view.

That is why the surveys were conducted in each region. However, this is examined more closely in the description of the methodology2; the three teams as far as possible harmonized their investigation and analysis procedures.

Thus, certain common criteria were defined to establish the valid and usable nature of the procedures, to distinguish between the different forms of treatment and behaviour and to encode the data. These criteria were devised with due consideration of the variety of recruitment methods and regional characteristics. For example, since the labour market open to semi-skilled workers is extremely limited in Flanders and Wallonia, the testers had to resort to spontaneous applications, whereas, in the Brussels region, where vacancies are far more numerous, the testers merely replied to job advertisements. Furthermore, developments in respect of women's share in the labour market induced the Brussels research centre to supplement the surveys conducted by male testers with a parallel research conducted by women3.

1.5. Regional presentation of results

Because of the diversity of situations, it would be futile to try, on the basis of surveys conducted in each of the three regions4, to establish an abstract average, dissociated from the realities observed. Neither can they be subjected to comparisons. In fact, variables, such as the demographic representation of persons of foreign origin and their participation in the labour

1 See below, 2. and 4.2.4.

2 See below, 4.

3 See below, 9.

4 See below, 6, 7 and 8. 3

market, vary from one region to another, especially in respect of persons of Moroccan origin. For this reason, the synthesis of the findings of surveys conducted in Belgium basically consists in a thematic description of various regional realities1.

1.6. Structure of the report

Before we present the results of this research, we shall introduce the demographic (representation of foreigners in Belgium and in each of the country's three regions) and social (labour market and representation of foreign workers) context in Belgium. Subsequently, we shall identify the problems and describe our methodology. Finally, we shall analyse the findings. These four chapters form an initial ensemble, that is to say the general approach of the report.

Bearing in mind the specifically regional characteristics of the labour market, the results will be presented in three separate chapters: the results obtained in Wallonia, in Flanders and in the Brussels-Capital Region, where the surveys were conducted by teams of testers, both male and female. These four chapters make up another ensemble, that is to say the regional presentation of the research findings.

Finally, a recapitulation of the principal regional findings constitutes another ensemble, presenting a synthesis of the research findings.

2. Demographic and social contexts

2.1. Migration flows and foreign population trends

The foreign population is composed of persons of foreign nationality and of those among them who have acquired Belgian nationality. It will therefore be presented under this dual aspect: migration flows and naturalization trends.

2.1.1. Demographic trends in the foreign population in Belgium2

Without relating in detail the progress of immigration in Belgium, it is interesting to recall certain landmarks. In 1846, foreigners accounted for 2% of the population of Belgium, 3.5% in 1910, 2.9% in 1920 (after the First World War), 3.9% in 1930. As a result of the recruitment of Italian workers3, intensified after the Second World War, this percentage went up to 4.3% in 1947. The "golden sixties" witnessed the development of a new immigrant wave to meet manpower needs in heavy industry, construction, dockside labour and textiles. The workers recruited were initially Spaniards and Greeks, subsequently Moroccans and finally Turks. From 1961 to 1970, the proportion of immigrants rose from 4.9% to 7.2%.

1 See below, 10.

2 For a more detailed description of these flows: Nayer A., Introduction aux statuts de l'étranger, Preface by F. Rigaux, Story scientia, 1991, pp. 21-125, in particular "occupational status", p. 91-111.

3 This movement came to an end after the tragic accident which occurred in the Bois de Cazier colliery in Marcinelle on 8 August 1956, in which 262 workers, including 136 Italians were killed. 4

Over the past twenty years, demographic trends have been characterized by a stabilization of the foreign population around the level of 9%1. Of many foreigners, it can be said that they have become permanent residents. In Belgium, the main foreign minorities are Italian, French and Moroccan.

Table 2.1. Population : foreign, Belgian and total by region Countries Number of nationals per entity represented Brussels Flanders Wallonia Kingdom N. % * N. % * N. % * N. % * Total / E.U. 134,943 14.2 153,091 2.6 266,483 8.0 554,517 5.5 Italy 29,664 3.1 24,502 0.4 156,490 4.7 210,656 2.0 France 30,837 3.2 15,768 0.3 53,483 1.6 100,088 1.0 Other countries of Europe 29,181 3.0 51,100 0.9 26,959 0.8 107,240 1.0 Total / Asian countries 11,049 1.2 11,357 0.2 2,962 0.08 25,368 0.25 Total / African countries 90,059 9.5 54,400 0.9 35,039 1.0 179,498 1.8 Morocco 74,070 7.8 45,828 0.8 20,405 0.6 140,303 1.4 Total / countries of America 6,467 0.7 7,600 0.1 6,815 0.2 20,882 0.2 Total / countries of Oceania 219 0.02 298 (0.005) 127 (0.003) 644 (0.006) Refugees 9,858 1.0 5,394 0.1 5,882 0.2 21,134 0.2 Stateless persons 140 0.01 189 (0.003) 157 (0.004) 486 (0.005)

Total / Foreigners 281,916 27.7 283,429 4.8 344,424 10.3 909,769 9

Belgians 666,206 70.3 5,596,928 95.1 2,970,144 89.6 9,233,278 91

Total / Population 948,122 100 5,880,357 100 3,314,568 100 10,143,047 100

Source : INS, Table 00.01 as at 1.1.1996. * These are percentages rounded up to one-tenth (except where the value is lower than one-tenth) in relation to the total population of the entity under consideration. It is this context, and hence that of the sustainable development of our society, that provides the framework of this research: bearing in mind that the occupational integration of ethnic minorities is an essential prerequisite for the survival of any democratic society, it is imperative to examine the capacity of the State to guarantee to every individual, of whatever origin, a non-discriminatory access to employment.

We see, therefore, that, of a total population of 10,143,047 in Belgium in 1996, 909,769 (9%) were foreigners. Of these, 554,517 were citizens of countries of the European Union (5.5%), and 140,303 (1.4%) were of Moroccan nationality.

2.1.2. Naturalization trends

Minorities of foreign origin include not only persons of foreign nationality, but also persons of foreign origin who have become Belgian through naturalization. This legal process illustrates the desire of such persons to belong, at least in the civil sense, to the community of the host country or, at least, to reside in the country for a considerable time.

The evolution of naturalizations2 is as follows:

1 Foreigners accounted for 8.5% of the population in 1975, 9% in 1991 and 8.9% in 1996. The stagnation in these levels during the past five years can be partially explained by the number of naturalizations, as a result of a simplification of legal procedures: between 1992 and 1995, there were 114,780 Belgian naturalizations of foreign persons.

2 A more detailed analysis, which is not part of the object of this research, would require legislative modification to nationality to be taken into consideration. 5

Table 2.2. Acquisition of Belgian nationality by country of origin for the entire Kingdom 1985 1986- 91 1992 1993 1994 1995 Total % E.U.- Total 64,918 17,804 29,417 2,781 4,195 3,937 123,052 48.9 Morocco 3,464 10,554 6,862 5,500 8,638 9,146 44,164 17.5 Non-E.U. Total 18,503 35,756 17,058 13,598 21,592 22,192 128,709 51.1

Total 83,421 53,560 46,485 16,379 25,787 26,129 251,761 100.0

Source : INS, 1 January 1996, quoted from Rapport annuel 1996. Annexe informative, Centre pour l*Egalité des Chances, p. 7.

2.2. The labour market in Belgium

To assess the proportion of workers in relation to the population as a whole, reference is made to two distinct terms :

C the active (or working) population, means the population of potential workers: it includes persons actually engaged in work and the unemployed; C the employed active population means the real working population; it comprises persons actually engaged in work.

1°) The active population The total active population in Belgium comprises 4,284,644 persons1. In relation to the total population, the proportion of active Belgians is 41% of the Belgian population and that of active foreigners 36% of the foreign population2. However, these proportions are 51.7% and 50.4% for Belgians and foreigners respectively, "if one considers the population of working age" (persons over the age of 14, according to the ILO definition)3.

These activity rates vary from one region to another. Wallonia is the only region where the activity rate for foreigners is higher than for Belgians. The disparity is greatest in Flanders. And Brussels- Capital has the lowest activity rate for foreigners.

Table 2.3. Activity rates by region (1991) Year 1991 Flanders Wallonia Brussels Foreigners 49.4 52.2 48.5 Belgians 52.4 50.7 50.2

Source : INS, Calculations GRESP/ULG, quoted in Feld S. and Biren P., La main d*œuvre étrangère sur le marché du travail en Belgique, SSTC, 1994, p. 29.

2°) The employed active population

1 In 1991: Feld S. and Biren P., La main d'oeuvre étrangère sur le marché du travail en Belgique, SSTC, 1994, p. 24.

2 Feld S. and Niren P., op.cit., p. 29.

3 Feld, S. and Biren P., op. cit., p. 29, who add that "These figures can be explained by the fact that the proportion of young persons (under the age of 14) subtracted from the total population for the calculation of activity rates, is higher among foreigners than among Belgians". 6

The employed active population in Belgium comprises 3,651,703 persons (or 36.5% of the Kingdom's population)1. Of these, 247,452, or 6.7% of the total employed active population, are of foreign nationality. This proportion varies from region to region: 21.5% in Brussels, 9% in Wallonia and 3.3% in Flanders.

Table 2.3a. Employed active population by region (1991) Region Total active employed population Foreign active employed population % Brussels 305,077 65,691 21.5% Wallonia 1,090,611 106,961 9.0% Flanders 2,256,015 74,800 3.3%

Source : INS - Recensement de la population et des logements, 1991, table 0055 A and B.

3. Identification of problems: under-representation, selectivity and legal context

3.1. Recruitment criteria : relevance and legitimacy

To understand the ethnic origin criterion, we must look at all the recruitment criteria, de facto and de jure.

3.1.1. Routine recruitment

On the basis of information stemming from a recent study, selection criteria, in all sectors and occupations, would appear to be as follows:

Table 3.1. Importance of the principal recruitment criteria 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Flexi- Perso- Enter- French Socia- Work Educa- Presen- Wage Age Sex Natio- Other bility nality prise or bility experi- tion level tation cost nality factors culture Dutch* ence

91.8 89.9 84.8 78.7 78.3 65.7 64.9 64.2 53.4 44.4 41.5 23.2 28.4

Source : Denolf L. and Denys J., Les entreprises et le recrutement en Belgique -1995-, 1996, p 30. * The two most commonly-spoken languages in Belgium.

Among the other factors, which represent nearly 30% of cases, the following criteria have been identified:

Table 3.2. Breakdown, in %, of secondary recruitment criteria 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11.

1 or 3,651,703 / 9,986,975: Indicateurs statistiques bruxellois, Tableaux, 1996, p. 99 and Feld S. and Biren P., op. cit., SSTC, 1994, p 13. 7

Lingu- Appli- Biling- Appli- Appli- Physical Technical Living Team Busi- Other istic cant’s ialism cant’s cant charac- skills near spirit ness skills motiva- connect- known in teristics enter- sense tion ions enter- prise prise

24.2 13.9 10.7 6.5 6.5 6.5 6.5 4.3 3.2 3.2 14.5

Source : Denolf L. and Denys J., Les entreprises et le recrutement en Belgique -1995-, 1996, p. 30.

The criterion relating to ethnic origin is not expressed as such. But, from the employer's point of view, it can in any case be revealed through the following criteria : enterprise culture, sociability, presentation, nationality, bilingualism, physical characteristics1.

In this respect, psychological tests could provide an apparently neutral selection method, but where reference is made to cultural indicators, they could prove to be very discriminatory. The following has been reported: "Experiences in the United States where there was a large scale use of tests during the First World War to screen new army recruits. The results were astonishing: according to the tests, almost 80% of new immigrants (Irish, Poles) showed serious mental deficiencies and were not accepted into the army. It turned out later that these persons were sufficiently intelligent to get on, and even to distinguish themselves, in American society. The tests were therefore modified"2.

Taking into consideration the a priori closest criterion to that of ethnic origin, namely nationality, this is regarded as a determining criterion to the extent of 25.5% in Flanders, 20.9% in Brussels and 18.3% in Wallonia3.

An examination of these data leads us to the following observations:

The qualification requirement is diffused among a number of other criteria. Some of these can be "objectivized" (education level, work experience, age, gender, nationality, domicile, linguistic skills, technical skills, wage cost); others not to the same extent, as they depend more on a subjective perception (personality, sociability, enterprise culture, presentation, motivation, team spirit, physical characteristics).

These criteria interpenetrate and overlap, to the extent that some of them may have a multiplier effect. Certain criteria, such as ethnic origin, not explicitly listed, may be concealed under the guise of the "overt" listed criteria.

The logic behind the adoption of these criteria, which, from the point of view of the enterprise, establishes their relevance, is to be sought in a process of "reassurance" and risk-reduction for the employer, who wants to be protected by a maximum of guarantees, in respect not only of the

1 On this, see: Nayer A. (under the direction of), Beauchesne M.N., Nys M., with the collaboration of Zinbi T., La discrimination dans l'emploi et l'intégration professionelle en region bruxelloise, research commissioned by the Commissariat royal à la politique des immigrés (immigrant policy department), CERP, 1991, pp. 92-10, 108-116 and Anciaux V., Les immigrés et l'emploi, Press conference, 16 June 1993, pp. 8 and 11.

2 Dutch research by Eppink A., quoted in Mens en ruimte, "Les immigrés et l'emploi. L'intégration des immigrés par la valorisation du potentiel économique des forces de travail étrangères dans la Région de Bruxelles-Capitale, 1992, p. 46.

3 Denolf L. and Denys J., Les entreprises et le recrutement en Belgique, 1995-1996, p. 102. 8

occupational skills required for the post (e.g. business sense), but also of availability (e.g. flexibility) and integration within the enterprise (e.g. sociability, applicant known in the enterprise). In the light of these criteria, the enterprise appears as a community of persons requiring a high degree of internal cohesion if it is to function as efficiently as possible.

3.1.2. Recruitment according to law

Without going into detail here on the legal situation in Belgium as regards conditions for the hiring of personnel, it is important to mention, within the framework of this approach, the regulations in force according to international legal standards and the internal laws of Belgium1.

The prohibition of discrimination in recruitment derives from the recognition of a right to employment, viewed on the basis of objective vocational qualifications alone, to the exclusion of all criteria relating to the personality of the "job applicant", not required for the post in question. These criteria are frequently specified in a legal text prohibiting discrimination and may vary from one legislation to another.

Discrimination on grounds of nationality2, ethnic or national origin, race or colour, national or social descent, in matters relating to employment, is prohibited by the provisions of international, national and (Belgian) Community law. Among such provisions, there is the recent Article 2a of the Act of 30 July 1981, introduced by the Act of 12 April 1994, designed to penalize certain racist and xenophobic acts, and Article 10 of Collective Agreement No. 38 of 6 December 1983, as amended by Agreement No. 38 of 29 October 1991, contains the explicit provision that: An employer who recruits workers shall not treat applicants in a discriminatory manner. In the course of the procedure, he shall treat all applicants equally. He shall not make distinctions on grounds of personal elements, where these have no bearing on the function or nature of the enterprise, unless so authorized or obliged by legal provisions.

Thus, the employer may not, in principle, make any distinction on grounds of age, gender, civil status, medical history, race, colour, national or ethnic origin or descent, political or philosophical convictions, membership of a trade union or other organization.

While not made mandatory by Royal Decree, this provision was formulated in agreement with the social partners.

3.2. Non-discrimination in recruitment on grounds of ethnic origin

As indicated by the provisions contained in the standards quoted above, the definition of discrimination, regardless of where the differentiated treatment occurs, includes the following elements: differential treatment, such as distinction, exclusion; a legally prohibited or arbitrary criterion giving rise to differential treatment, such as national origin; an objective outcome of this differential treatment, usually resulting in the destruction or distortion of equality of opportunity or treatment.

1 See Approche juridique de la discrimination à l'accès à l'emploi en Belgique en raison de l'origine étrangère, Smeesters, B. and Nayer, A. ILO, 1998.

2 In the final remarks of its 1996 report on the special survey on equality in employment and occupation as provided for in ILO Convention No. 111, the Committee of Experts advocated the widening of criteria likely to result in discriminatory attitudes (such as nationality, age...): Equality in employment and occupation, International Labour conference, 83rd session, 1996, ILO, pp.132-134. 9

Existing laws designed to combat discrimination are so framed that it is difficult, if not impossible, to identify indirect discrimination resulting from apparently neutral selection procedures, and they are barely effectual in a situation of crisis and increasingly precarious employment. This ineffectiveness explains, to some extent at least, the discrepancy between (de facto) actual and (de jure) theoretical considerations in respect of hiring procedures. Moreover, these situations are not easy to prove.

In fact, in the private sector, the employer does not generally justify his decision whether or not to hire, and the worker does not have access to his application file. Thus, while blatantly discriminatory job advertisements can provide evidence of an unlawful criterion, the lack of transparence in recruitment procedures, inherent in the employers' freedom in respect of hiring, makes it extremely risky to sue for damages arising from discrimination. Moreover, the burden of proof system currently in force in Belgium governs the various types of admissible evidence, by limiting them.

3.3. Aspirations of the various actors

While, from the macroeconomic point of view, non-discrimination on grounds of ethnic origin may be a factor of social and economic development in our societies, it by no means necessarily corresponds to the interests of the various actors involved.

While certain politicians or employers today regard the "multi-cultural" dimension as potentially enriching to society or to the enterprise, from the point of view of creativity or access to a foreign, if not immigrant, market1, opinion polls conducted so far have revealed a resistance, representing a strong tendency in sectors where there is not a high concentration of immigrant labour2.

Among the reservations expressed in the surveys (quoted below) conducted in the Brussels Region were lack of stability, imperviousness to enterprise culture, fear of excessive absenteeism3, use of a common foreign language among the foreign workers, external signs of religious affiliation (veils, hygiene habits...), relational difficulties between these workers and their Belgian or other nationality colleagues, fears of reactions from customers, distrust based on repercussions of international events (e.g. Gulf War)4, language problems 5, unemployment among Belgians6, failure

1 Verreet E., "Intégrer les minorités. Personnel multiculturel: l'atout" and "La diversité enrichit", Talent, 24 August 1995, Year 3, No. 29. On this, also: "Programme d'immigration et politique d'intégration", Ch. II, A.3, quoted in Question No. 131 of Mme. de Bethune of 5 April 1996, Q et R, Sénat, 7 May 1996, p- 847, specifying in particular that "the continuous presence in Belgium of persons of foreign origin should be considered as a positive contribution to our society"; Mens en ruimte, op. cit., p. 139.

2 Nayer A. (under the direction of), op. cit., p. 122.

3 Idem, pp. 112-115.

4 Idem, pp. 119-122.

5 Mens en ruimte, 24 op. cit., pp. 73 and 173.

6 Idem, p. 80. 10

to observe work timetables1, lack of motivation2, lack of assertiveness3. Moreover, the other workers in the enterprise may prefer jobs to be reserved for their friends and relations, or even for their fellow-nationals. This reaction has been manifested in the ambivalence of trade-union attitudes, torn between the principle of workers' equality and the expectations of their, mainly Belgian, members4. Finally, it is obviously in the interest of the foreign worker to be employed, with all due respect given to his/her physical and moral integrity. This aspiration, legitimate though it may be, is by no means enthusiastically received by employers and needs to be reconciled with the values conveyed in the enterprise by the employer and other personnel and with the legitimate expectations of the latter.

It is obvious, from the expectations and prejudices of the different actors, that the consideration given to the aspirations of ethnic minorities, especially in respect of equality in access to employment, is not easy to define, as certain "indirect" criteria are applied, regarding the suitability of the function from the point of view of the optimum functioning of the enterprise, in the short or medium term at least. Despite the complexity of the problems, it is fitting to attempt, by neutralizing as far as possible the objective criteria not connected with ethnic origin, to assess the extent, in a given community, of discriminatory behaviour due to this origin. The use of the situation test methodology makes this possible.

4. Methodology

4.1. The situation test5

The research methodology is defined in relation to its principle; its general and specific characteristics and its limitations are then described; finally the principal applications so far conducted are stated.

4.1.1. In search of an appropriate methodology

We recall the accounts by John Howard Griffin in "Black Like Me" and Günther Wallraff in "Ganz unten", which tell of how one person experienced discrimination. This was based on a comparison of the treatment received by one and the same individual, who presented himself alternately as an autochton and as an allochton6.

1 Idem, p.131.

2 Idem, p. 174.

3 Anciaux V., op. cit., p. 16.

4 Faust A., L'action de formation anti-raciste au niveau syndical, Face au racisme : l'Europe?, Actes du colloque organisé le 6 décembre par le MRAX, p. 34, which refers to the "sarcasm or aggressiveness of some of the members" to which were subjected some of the delegates, who consequently had to beat a retreat from a demonstration.

5 Development largely inspired by Bovenkerk, F. op. cit.

6 The published accounts describe only the experiences of immigrant applicants, but through their own experiences as autochtonous applicants, the authors had useful elements of comparison. 11

This research strategy is sound from the methodological point of view. Discrimination means differentiated treatment, the discriminatory treatment requires a point of reference for comparison. The two authors act technically as investigators and as "instigators" who study the reactions to which their respective identities give rise in real life. While, from the human point of view, their stories are very convincing, the nature of the testimony is necessarily anecdotal, confined to their individual personalities and subjective in their interpretation.

The whole issue of discrimination against workers of foreign origin in the world of work has been the subject of numerous research projects, in Belgium and elsewhere. The most commonly used methods include studies of the discrimination process, laboratory experiments, attitude surveys, the victim experiment, victimization surveys, observation, interviews with managers.

However, none of these have measured discrimination itself, either because they do not take account of other variables, or they do not distinguish between words and actions, or they cannot guarantee absence of subjectivity or conditioning in the behaviour of the actors1. For these reasons, the study by the International Labour Office was conducted on the basis of a common methodology: the situation test. Of Anglo-Saxon origin, and used already in several countries (Australia, Canada, France, the Netherlands, Spain, the United Kingdom, the United States....2), this methodology has never been applied in Belgium, specifically for the purpose of detecting discriminatory practices in respect of access to employment.

4.1.2. The situation test: general characteristics of the method

Situation tests or audit studies consist in social experimentation in real-life situations, in which persons in positions of power decide on the fate of job applicants. The members of a team of two "investigating applicants" follow exactly the same application procedure with the same employer. They may present themselves of their own accord at the factory gate, make a telephone call, write application letters on the basis of job advertisements in newspapers.

The situation test research method applies a technique which preserves the "real life" nature of the observation and avoids the anecdotal and subjective approach of the personal account. The "stimulus" is supplied by two testers, one belonging to the majority group, the other to the minority group, who seek a response from a real-life decision-maker. Both testers fulfil the same selection criteria likely to interest an employer taking on new workers. They are of the same age, have a similar "background" from the point of view of qualification, but they differ in ethnic origin. If only one is given the job, the difference can, in principle, be attributed to nothing other than ethnic origin. This reasoning presupposes that ethnic origin should never be a criterion for the selection of personnel. If discrimination exists on the labour market, it will be proved by a sufficiently large number of situation test findings corroborating it. The general principle is that the hiring procedures applied are the same.

4.1.3. Specific characteristics of the situation test

It is possible to demonstrate the specific nature of the situation test in relation to other discrimination survey methods.

1 For a detailed analysis of the advantages and disadvantages of each of these mehods: Bovenkerk, F., op. cit., pp. 4-7.

2 For a detailed description of the surveys conducted in other countries: Bovenkerk, F., op. cit., pp. 8-12. 12

- Situation testing shows that racial or ethnic disadvantage is a direct result of discrimination. - Situation testing combines the credibility of controlled experiment with the authenticity of real-life situations. - Situation testing studies behaviour instead of sentiments or dispositions which are believed to underlie concrete acts. - Situation testing is basically an unobtrusive measure and therefore capable of avoiding staged or contrived research results, as in observation studies on decision-making along the entire hiring process. - Situation testing guarantees validity of results and provides insights into what people really do rather than what they say or believe they do. - Situation testing is preferable because it is objective and does not rely on uncertain interpretations and feelings that are difficult to evaluate.

All these considerations make situation testing the adequate research method to demonstrate the existence of discrimination.

Audits are sensitive to otherwise concealed practices, especially in an era in which discrimination has grown more subtle and less detectable than was once the case. Blatant discrimination has been made unlawful, but it may now be masked by courteous treatment. These characteristics make situation testing a perfect method to use in legal action, for public policy making and to spark off public debate.

4.1.4. Limitations of situation testing

In addition to the limitations inherent in the specific nature of this methodology compared with other social science methods applied for studying discriminatory phenomena1, situation testing does not allow quantitative comparison between the countries and regions in which it has been conducted. As Bovenkerk emphasizes, there is one thing that international research cannot deliver. Situation testing will be able to find out if there is discrimination on the labour market or not maybe even if there is a lot of it or only a little. However, it will be impossible to answer the question in which country there is more discrimination than elsewhere. The main reason why there cannot be a proper reply to that query is this: as we cannot hold constant all variables which we know or believe to correlate with the degree of discrimination, it is impossible to attain a complete and unambiguous comparison of the extent of discrimination. We will not be able to rank countries, the methodology of situation testing is not designed to do this, and one should not ex post facto attribute to it powers of comparison that it does not possess2.

Moreover, the discrimination observed applies only in relation to the sample studied, as defined in consideration of different variables. It will therefore be specific and restricted to the foreign origin chosen, to the sectors of activity of the enterprises explored, to the type of jobs applied for, to the age and gender of the applicants selected... This cannot therefore "ipso facto" be extrapolated to the entire foreign population or the entire labour market. This would require further investigations.

1 Listed above, and the respective advantages and disadvantages of which have been explained by Bovenkerk, F., op. cit., pp. 4-7.

2 Bovenkerk, F., op. cit., p. 13. 13

4.1.5. Applications

This research method was developed in another country to test the effectiveness of the law. Situation testing or audit studies can be used specifically to reveal the phenomenon of discrimination, to observe the efficacy of legal measures and to evaluate the degree of compliance with the law. Moreover, it has been used as evidence by the courts in individual lawsuits in the United States. It is one method used by the social sciences in support of the fight against discrimination.

It has been used by activist citizen groups, official and "semi-official" bodies concerned with compliance with the law, and by government institutions. In countries where discrimination is combatted by social policy measures rather than by legal intervention, it has also been used to demonstrate the existence of discrimination against a greater number than would be expected and as an instrument for monitoring the effects of political measures. In the context of the present research programme initiated by the International Labour Office, the situation test methodology has been used to assess the degree of discrimination in access to employment in a number of countries, including Germany 1, Spain2, the United States3, and the Netherlands4.

4.2. Application of the methodology in Belgium5

4.2.1. Regional characteristics

As a result of political and institutional developments, Belgium is divided into three regions: the Flemish (Dutch-speaking), the Walloon (French-speaking) and the (bilingual) Brussels-Capital Regions. These have specific linguistic, social, economic, legal and cultural features. The characteristics relating to the proportion of foreigners in Belgium and those relating to the labour market6, differ from one region to another. This is why the comparative international research conducted in one of the three regions could not, ipso facto, be extrapolated to the other two regions of the country. It was therefore conducted concurrently in each region. Surveys were thus carried out in Antwerp for Flanders, Liège for Wallonia, and Brussels for the Brussels-Capital Region.

1 Goldberg, A., Mourinho D. and Kulke U., Labour market discrimination against foreign workers in Germany, ILO, Geneva, 1996.

2 Angel de Prada M., Actis W., Pereda C. and Pérez Molina R., Labour market discrimination against migrant workers in Spain, ILO, Geneva, 1995.

3 Bendick M. Jr., Discrimination against racial/ethnic minorities in access to employment in the United States: Empirical findings from situation testing, ILO, Geneva, 1996.

4 Bovenkerk, F., Gras, M.J., Ramsoedh, D. Discrimination against migrant workers and ethnic minorities in access to employment in the Netherlands, ILO, Geneva, 1994.

5 The description of the survey procedure included in this section is based on an adapted version of instructions given in "Manual ... (Bovenkerk, F. op. cit.,) produced by Arryn, P. and Delagrange, H. (IISA, Feld, S., Castelain-Kinet, F., Es-Safi, L., Lannoy, F. and Manço, A. (GRESP), Nayer, A. and Smeesters, B. (CeRP).

6 Supra, Introduction, 2. Demographic and social context and infra, 4.3.3. Reasoned choice of variables. 14

Moreover, observation of labour market trends in the Brussels region revealed that the labour market integration of women workers, especially of young women of foreign origin1, was a fact that could not be obscured in the context of a survey on the existence of discrimination in access to employment in respect of young persons of foreign origin. For this reason, although the variable used for reasons of international comparability was based on males, it seemed relevant, in view of women's employment trends in the Brussels Region, to replicate the research with investigations conducted concurrently by teams of women.

Analysis of recruitment methods in the country's three Regions reveals major differences. Thus, in Flanders and, above all, in Wallonia, a considerable proportion (16.1% and 20.2% respectively) of recruitments are made on the basis of spontaneous applications. This type of contact between employer and job seekers was therefore used in both regions.

Finally, in reference to the Belgian context of the research, the limitation of situation testing explained above (4.1.4.) makes comparison between countries, but also between regions, irrelevant. In other words, it can be established whether or not there is discrimination in each of the three Regions of Belgium, but the findings of this research will not be able to be interpreted for the purpose of evaluating the regions in respect of the average level of discrimination measured in each region and thus to classify any one region as more or less "racist" than another.

4.2.2. Definition of basic concepts and indicators

Bearing in mind the danger of the individual and collective harm caused by discrimination in access to employment in respect of foreign workers and the obstacles to the implementation of "anti-discrimination" laws, associated with the difficulty of proving differential treatment, the purpose of the survey is therefore to examine, from the point of view of equality of opportunity, observance of the legality of recruitment procedures.

To this effect, teams consisting of two persons of different ethnic origin, but of the same category as to age and qualification, apply for the same job, so as to observe the attitudes of "employer candidates" in their regard.

In order to target the object of the survey, basic concepts were established in the following way.

4.2.2.1. The actors In the conduct of such surveys, three "key characters" are presented: the "employer candidate", the "worker candidate of Belgian origin" and the "worker candidate of foreign origin".

By "employer candidate" is meant the individual or legal entity involved in the hiring of personnel, and whose establishment in which such personnel will work is located in the region of the host country under examination. Where the "employer candidate" is an enterprise acting, from the "worker candidate" point of view, through different agencies, the principle of the single employer is used to define attitudes.

By "worker candidate of Belgian origin" is meant the person, between 20 and 25 years of age, of Belgian nationality and origin, applying for a job. While they may include distinct realities in

1 Infra, 9, discrimination against women workers in the Brussels-Capital Region. 15

other contexts, the terms "majority candidates" or "autochtonous candidates" are also used to designate the "worker candidate" of Belgian origin in the context of the present research.

The "worker candidate of foreign origin" means the person aged between 20 and 25, of Belgian nationality but of foreign descent or ancestry, applying for a job. While they may include distinct realities in other contexts1, the terms "minority candidate", "candidate of immigrant origin, or "allochtonous candidate" are also used to designate the "worker candidate of foreign origin" in the context of the present research.

As will be explained later, for the conduct of this research, the foreign origin in question is Moroccan, in view of its representativeness2 and the intolerant attitudes to which such citizens are regularly exposed.

4.2.2.2. The indicators The observation phase of the research was conducted on the basis of the supply and the demand for semi-skilled jobs.

By "employment supply" is meant the intention to recruit personnel, manifested by way of advertisements.

By "employment demand" is meant the written or oral application for a job.

By "semi-skilled employment" is meant the degree of competence required for a post, involving, at most, secondary schooling and some work experience.

4.2.2.3. Discrimination Discrimination, defined as differential treatment on the basis of a legally prohibited or not reasonably justified criterion, entailing loss or distortion of equality of opportunity, can, as in the case of our research, be divided into direct and indirect discrimination.

Discrimination is said to be "direct", if a prohibited criterion of distinction3 is overtly applied.

Discrimination is said to be "indirect" where non-prohibited or apparently neutral criteria of distinction are applied, producing identical or similar effects to those arising from the application of prohibited criteria. They thus constitute "disguised forms of discrimination which, through the application of other criteria, would in fact lead to the same result as overt discrimination"4.

4.2.3. Reasoned choice of variables

1 Martens, A., La présentation du racisme sur les lieux de travail en Belgique, Fondation européenne pour l'amélioration des conditions de vie et de travail, 1995, p.5.

2 Infra, 4.2.4.

3 On this subject: Garonne, P., La discrimination indirect en droit communautaire: vers une théorie générale, RTD Eur., 30(3), July- September 1994, p. 426.

4 See: Arrêt Sotgiu (Decree) 12 December 1974, aff. 152/73, Rec. 1974, p. 153, item 11, quoted by Garonne, P., op. cit., pp. 426-449. 16

As stated earlier, the specific purpose of the research was to establish whether persons of foreign origin experience significant discrimination on the labour market. If this is the case, should discrimination be considered as contributing to ethnic stratification and the formation of a social underclass? Admittedly there are other factors contributing to the disadvantaged position of immigrants and minorities: their low skills level, lack of proficiency in the language, etc. Whatever the case, this aspect of the supply cannot explain discrimination as measured by our investigation. The characteristics of job seekers are constants in the research project.

Situation testing has already been used, in the Netherlands in particular, to ascertain whether employment agencies were complying with the discriminatory demands of employers. The findings bore evidence of accommodating reactions on the part of the employment agencies. A code of practice was subsequently adopted to prevent discrimination. When the survey was later repeated, it was observed that the majority of agencies were abiding by the rules of the code of practice1. In the United States, situation testing has also been used as evidence for the court in individual lawsuits2.

The standard methodology is based on situation tests in the real world. There is enormous variety among industrial countries. Immigrant groups, economies, recruitment methods differ from one country to another. A standard methodology comprises a reasoned proposition on the basis of a selection of equivalent entities in different countries with a view to elaborating meaningful conclusions in respect of the reality of discrimination.

As regards the "worker candidates", the following variables were used.

4.2.3.1. National origin In point of fact, on the labour market, workers of foreign ethnic origin are of either Belgian or foreign nationality. In order to isolate, for this survey on differentiated behaviour, the component "ethnic origin" rather than nationality, the tests involved Belgian "worker candidates" of immigrant origin. This methodological choice imposed no restriction on the scope of the research theme, in the sense that the findings would a priori apply to "worker candidates" of foreign origin, who had retained their nationality (in the event, Moroccan).

The ethnic origin selected to test for discrimination against "semi-skilled" workers in Belgium was Moroccan. This choice was justified for the following reasons:

- Young workers of Moroccan origin are the result of recent immigration and are presumed to encounter greater difficulty in the world of work, especially in respect of access to employment. In this sense, it has been remarked that, in the latest report of the Centre for Equality of Opportunity and the Fight against Racism, 34.6% of complainants who had applied to the complaints department concerned with employment in 1995 were of Moroccan nationality or origin3. It is the nationality most represented.

1 Bovenkerk, F., op. cit., pp. 9-10.

2 Idem, p. 3 and cf. supra, 4.1.5.

3 I.e. 26 out of 75. Rapport annuel du Centre pour l'égalité des chances et la lutte contre le racisme, 1996, p. 22. 17

- Moreover, estimated at 140,303, or 15.4% of the entire foreign population and 1.38% of the total population of Belgium, persons of Moroccan nationality are, after the Italians, numerically the second largest foreign minority in the country1. In order to assess the number of persons of Moroccan origin, the effect of naturalizations has to be taken into account. Among total annual naturalizations in Belgium, naturalizations of Moroccans have increased by 9.5% in five years: between 1990 and 1995, they went up from 2,215 (or 25.6% of 8,658) in 1990 to 9,146 (or 35% of 26,129) in 1995 (Table 4.1.). At this time they account for 44,164, or 17.5% of all Belgian naturalizations.

Table 4.1. Belgian naturalizations of foreign and Moroccan nationals between 1990-1995, for the Kingdom and by region Date / Area Kingdom of Belgium Brussels-Capital Flemish Walloon region region region For.* Moroc.** For.* Moroc.** For.* Moroc.** For.* Moroc.** 1/1/1990 8,658 2,215 2,804 1,240 2,406 396 3,448 579 1/1/1991 8,470 2,091 2,343 957 2,880 598 3,247 536 1/1/1992 46,485 6,862 8,915 3,623 11,597 1,860 25,973 1,379 1/1/1993 16,379 5,500 5,406 2,916 5,626 1,464 5,347 1,120 1/1/1994 25,787 8,638 7,929 4,203 9,696 2,546 8,162 1,889 1/1/1995 26,129 9,146 9,356 5,125 8,754 2,351 8,019 1,670

Source : INS - Statistiques démographiques, Listings du Registre National. * Belgian naturalizations of persons of foreign nationality. ** Belgian naturalizations of persons of Moroccan nationality.

4.2.3.2. Qualification Bearing in mind that the immigration of Moroccan workers is regarded as recent, especially compared with that of Italians, for example, the social rise of their descendants is not yet generally reflected at higher education levels. For this reason, the test applies to the "semi-skilled" level.

A "semi-skilled occupation" implies a level of competence requiring, at most, secondary education and some work experience.

Qualification is considered from the point of view of training and work experience.

Training This is defined in relation to three levels of study: C level 1 : university or non-university higher education C level 2 : upper secondary general, technical or vocational education C level 3 : lower secondary and primary education.

We consider the "semi-skilled" occupation as requiring levels 2 and 3.

While the difference may not be very great, it has been observed that these two levels are represented most in Flanders, followed by Wallonia and Brussels, in that order (Table 4.2). In relation to the various occupations concerned, these two education levels appear to be most prevalent in service occupations and manual work, and to a lesser extent in administrative and

1 Supra, 2. Demographic and social context. 18 commercial occupations. As might be expected, and bearing out our hypothesis, "non-EU foreigners are to be found mainly in level 3 (Table 4.3.)

Table 4.2. Distribution in % of jobs by education level Jobs Level 1 Level 2 Level 3 Total Skilled occupations 74.2 25.2 0.6 100 Administrative occupations 55.9 39.1 4.9 100 Commercial occupations 36.2 56.1 7.6 100 Service occupations 18.9 49.6 31.5 100 Manual occupations 2.2 59.6 38.2 100 Total 34.9 46.3 18.9 100

Regions Brussels 53.0 33.0 14.0 100 Wallonia 31.2 31.4 37.4 100 Flanders 30.8 33.9 35.3 100

Source : Simoens P., Denys J. and Denolf L, Les entreprises et le recrutement en Belgique -1996-, 1997, pp. 46-47.

Table 4.3. Distribution of non-EU foreign workers by education level (1990) Belgians Non-EU foreigners Level 1 21.9 11.8 Level 2 25.6 15.6 Level 3 52.4 72.5

Source : Centre d*Egalité des Chances, Etude des aspects socio-économiques et financiers liés à la présence d*immigrés en Belgique, p. 62, quoting the 1990 Manpower Survey.

Work experience Absence of vocational requirements, compatible with first entry on the labour market is, by and large, slightly more prevalent in Flanders and Wallonia (Table 4.4.). It is apparent mainly in administrative occupations, manual work, and service occupations.

Table 4.4. Distribution, in %, of jobs by work experience Jobs Work No work Insignificant work Total experience experience experience Skilled occupations 60.9 22.6 16.5 100 Administrative occupations 47.0 37.5 17.2 100 Commercial occupations 58.1 22.6 19.3 100 Service occupations 59.5 26.8 13.7 100 Manual occupations 58.2 26.6 15.2 100 Total 57.0 27.0 16.0 100

Regions Brussels 63.9 28.1 8.0 100 Wallonia 51.2 33.3 15.5 100 Flanders 57.4 24.1 18.5 100

Source : Simoens P., Denys J. and Denolf L, Les entreprises et le recrutement en Belgique -1996-, 1997, p. 48. 19

As regards workers of foreign origin, we have little information on this subject. It would appear, however, from a survey conducted by CeRP that, generally speaking, enterprises tend to "select primarily on the basis of qualification".1

4.2.3.3. Age The objective of evaluating discrimination at the outset of working life explains why the "worker candidates" selected were between the ages of 20 and 25. Over all, this age bracket represents 10.6% of the employed active population, with slight variations between the three regions: 11.5% in Flanders, 9.4% in Wallonia and 8.5% in Brussels (Table 4.5).

Of the foreign active population, young persons between the ages of 20 and 24, represent, on average, 11.6%, with very slight variations between the regions.

According to the estimates2, the group of non-EU foreigners aged between 15 and 24 will increase during the next twenty years, where as the autochtonous group from the same age bracket will decrease. The overall 15 to 24 year old group will also have decreased. Economically speaking, the young non-EU foreign workforce will be better represented within a worker category which will, over all, be a scarcer resource than it is today. Finally, persons of Moroccan nationality aged been 20 and 24 numbered 11,605, at 1 January 1996, and accounted for 8.27% of the Moroccan population in Belgium. 3

Table 4.5. Distribution of the total employed active population by age group (1991) Employed Brussels Wallonia Flanders Kingdom active population Age 20-24 26,175 8.57% 102,865 9.43% 259,948 11.52% 388,988 10.65% Total 305,077 100.00% 1,090,611 100.00% 2,256,015 100.00% 3,651,703 100.00%

Workers of foreign origin Age 20-24 7,550 11.50% 11,851 11.00% 9,477 12.60% 28,878 11.60% Total 65,691 100.00% 106,961 100.00% 74,800 100.00% 247,452 100.00%

Source : INS - Recensement de la population et des logements, 1991, Table 00.58 AT and BT.

4.2.3.4. Sectors of activity of enterprises The following are the sectors of activity of the enterprises selected : C hotels and catering C insurance-banking

1 Nayer A. (under the direction of), op. cit., p. 111, Table A.5.2.1.

2 Estimates compiled in 1990: Centre pour l'Egalité des Chances et la Lutte contre le Racism, Etude des aspects socio- économiques et financiers liés à la présence d'immigrés en Belgique, April 1993, pp. 36-38 and 42.

3 INS Statistics, Population, 1 January 1996, Table 02.01. 20

C commerce (retail trade) C manufacturing C commercial services (provision of services) C non-commercial services

The sectors most represented in Belgium, and in its three regions, are those relating to services, manufacturing, retail trade and hotels and catering (HRC), banks and insurance companies, to which should be added such whose activities are "ill-defined".

Workers of foreign origin are represented in these sectors, but to a distinctly lesser extent in the banking and insurance sector, and to a greater extent in the construction sector. The tertiary sector is strongly represented in the sample of job vacancies applied for. According to estimates of the Planning Department (Bureau du Plan) and the calculations of the Department of Applied Economics, Free University of Brussels (Dulbea), the growth rate in the commercial services sector, for the period 1994-1998, will have varied by + 2.6 %.1

Finally, in order to check the existence of a sufficiently large and regular flow of occupational categories employed by enterprises in the selected sectors, publications from June 1995 to January 1996 of regional newspapers advertising job vacancies were examined.

Furthermore, the public employment offices facilitated consultation of data relating to the situation of job seekers in these various sectors during the same period. Finally, contacts were established with different vocational training establishments in the hotel and catering, personal services and construction sectors and in the field of administrative activities (management, office work) and new technologies, this last qualification providing transversal competence in respect of the occupational activities envisaged. The data thus collected, revealed the existence of a sufficiently large labour market in the selected sectors of activity. The relevance of the data was, moreover, confirmed during the job application procedures undertaken in the course of this research.

It was also necessary to ensure that job applications in these sectors and areas of activity were not biased by an excessive representation of foreign workers (hired as unskilled labour) in the aggregate of enterprises in these sectors. Inferences from the statistical data collected, stated below (Table 4.6.) and issued by the INS, and from investigations conducted in the course of studies concerning the presence of immigrants in the world of work2, show that that this pitfall had been avoided.

Table 4.6. Distribution of jobs by Nace-bel sector of activity *** (1991) Brussels Flanders Wallonia Kingdom Total* For.** Total* For.** Total* For.** Total* For.** Agriculture, hunting, forestry and fishing 344 36 58,144 961 31,224 660 89,712 1,684

Manufacturing 27,619 7,630 498,939 19,819 174,331 32,453 700,889 59,902

1 Hespel, E. under the direction of Kestens P., Perspectives économiques de la région bruxelloise, Les équilibres macro-économiques de la Region, Prévisions de la valeur ajoutée national à moyen terme, Quelles stratégies pour Bruxelles?, Colloque organisé par l'Université Libre the Bruxelles, 30 September and 1 October 1994, ULB - Interface, p. 37.

2 Feld S. and Biren P., op. cit., pp. 28-36 and Nayer A. (under the direction of), op. cit., pp. 52-60. 21

Production and distri- bution of electricity, gas and water 1,986 127 22,382 691 11,327 421 35,695 1,239

Construction 10,133 4,263 128,516 4,593 66,025 12,394 204,674 21,250

Retail trade, catering and hotels 53,444 13,505 350,009 13,257 174,412 21,443 577,865 48,205

Transport and communications 14,380 2,628 147,344 3,119 71,539 2,796 233,263 8,543

Credit institutions - insurance, business services 40,553 5,747 161,205 3,578 78,756 3,494 280,514 14,819

Other services 93,141 13,606 617,117 7,699 377,288 16,284 1,087,546 37,589

Ill-defined activities 63,477 18,122 272,359 21,083 105,709 15,016 441,545 54,221

Total employed active population 305,077 65,691 2,256,015 74,800 1,090,611 106,961 3,651,703 247,452

Source : INS - Recensement de la population et des logements, 1991, Table 00.55 A and B. * : = Belgian and foreign employed active population ** : = Foreign employed active population *** : = European Community standard classification of economic activities, as compiled by the Institut National de Statistique (INS) in Belgium (Indicateurs statistiques Bruxellois - Méthodologie, 1995, p. 53 and pp. 309-311).

4.2.3.5. Distribution by occupation: C waiter, kitchen hand, bartender, C sales assistant, C ancillary worker (health - education), C office worker, secretary, receptionist, telephonist, C messenger, delivery man, C menial worker (car-wash), cleaner, C representative, commercial traveller, estate agent.

The available statistics show that, over all, jobs in the manual and clerical occupations in the private sector account for 50.6% of all jobs, distributed according to occupational status.

It has also been observed that foreign workers are to be found primarily in manual occupations in the private sector and to a lesser extent among private sector clerical employees. This trend is accentuated in Wallonia, and to a lesser degree in Flanders (Table 4.7).

Table 4.7. Job distribution according to occupational status (1991) Regions-Kingdom Brussels Wallonia Flanders Kingdom

Occupational status Total* For.** Total* For.** Total* For.** Total* For.** Employer, self- employed*** or contract work 49,074 10,020 166,168 14,240 329,236 14,043 544,478 38,303 22

Clerical or manual worker in the public sector 77,759 10,312 339,658 12,453 585,691 9,287 1,003,108 32,052

Private sector clerical employee 103,300 15,386 252,513 21,398 562,827 15,210 918,640 51,994

Private sector manual worker 51,904 21,863 252,772 49,751 628,126 28,689 932,802 100,303

Apprentice or auxiliary 6,917 1,398 36,904 2,823 77,088 2,552 120,909 6,773

Domestic staff 2,005 1,155 6,792 1021 5,620 313 14,417 2,489

Occupational status unknown 14,118 5,557 35,804 5,275 67,427 4,706 117,349 15,538

Total employed active population 305,077 65,691 1,090,611 106,961 2,256,015 74,800 3,651,703 247,452

Source : INS - Recensement de la population et des logements de 1991 ,Table 00.53 A and 53 B. * : = Belgian and foreign employed active population. ** : = Foreign employed active population. *** : = Own-account, not bound by an employment contract (“self-employed worker”).

Moreover, consultation of the data stored in the regional employment agencies have shown that, at the beginning of the survey period (February 1996), there were fluctuations in the labour market in respect of jobs in manufacturing, construction, transport and services and for office workers and sales operatives.

In relation to a more recent distribution established on the basis of activities engaged in, it has been observed that manual occupations are more prevalent in Flanders and Wallonia, and administrative occupations more frequent in Brussels and, to a lesser degree, in Wallonia (Table 4.8.).

Table 4.8. Regional distribution, in %, by occupation (1996) Occupation/region Brussels Wallonia Flanders Total Skilled occupations 25.4 18 17.8 19.1 Administrative occupations 26.9 18.4 13.3 16.8 Commercial occupations 19.1 9.2 9.6 11.1 Service occupations 11.4 17.5 19.5 17.7 Manual occupations 17.2 36.9 39.8 35.3 Total 100.0 100.0 100.0 100.0

Source : Simoens P., Denys J. and Denolf L, Les entreprises et le recrutement en Belgique -1996-, 1997, p. 42.

4.2.3.6. Distribution by method of application The comparison of trends in the surveys which were conducted simultaneously in the country's three regions made it possible to highlight the essential differences in the approach to the search for employment of "semi-skilled" workers in Belgium. 23

In the Walloon region, the labour market is very meagre: advertisements are rare, working conditions offered are often illegal or bordering on illegality; to supplement the sample, the Walloon testers applied for jobs spontaneously, the principal drawback of this procedure being uncertainty of the very existence of a vacancy.

In the Flemish region, the labour market open to "semi-skilled" workers is not much more accessible. Moreover, employers seem to content themselves with an interview on the telephone, and are not in the habit of replying to letters of application if they do not intend to accept the candidate.

In the Brussels-Capital region, the labour market appears to be healthier and more diversified than in the other two regions, and the level of so-called "semi-skilled" jobs is higher. Thus, very often, a candidate is required to submit a CV instead of telephoning.

These observations are borne out by the findings of a recent survey, according to which, in general, the most common method of application is through advertisements. Bearing in mind regional differences, it has nevertheless been observed that this tendency is very strong in the Brussels- Capital region and to a lesser extent in Flanders, but that it is far less strong in Wallonia, where it is outweighed by frequent internal relationships and "spontaneous applications" (Table 4.9.).

There is little information available on the methods of application specific to foreign workers. In the import-export, banking and insurance sector of the Brussels region, it appears, none the less, that spontaneous applications are by far the most common, among Belgians and foreigners alike, followed by advertisements in the national press, more frequently used by Belgians1.

4.3. Conduct of situation tests in Belgium

The survey was spread out over two periods in 1996 : the first survey period was from February to June, the second between October and December.

These were preceded by a preparatory phase, from December 1995 to January 1996, during which the coordinating teams met regularly to agree on a common methodology as to choice of national origin, type of jobs selected, establishment of a common survey procedure, etc. During this preparatory period, the teams also chose the sectors to be explored. Bearing in mind the regional differences in the labour market and in economic development, it was decided that sectors would be divided up in accordance with the specific characteristics of each region. In order to make such a choice, the teams carried out a survey of labour market trends on the basis of statistics culled from the most recent regional studies, the regional employment agencies, and a comparative analysis of advertisements published in local newspapers; and, in the Brussels region, information centres specializing in the occupational integration of young unskilled persons were also consulted.

Table 4.9. Distribution of market penetration application methods, in weighted % (1996) Application methods /Régions Brussels Wallonia Flanders Kingdom Internal recruitment 3.0 9.9 13.8 12.8 Connections in the enterprise 25.1 29.8 12.2 18.4 Spontaneous application 9.1 20.2 16.1 15.8

1 Mens en ruimte, op. cit, pp. 71, 129 and 168. 24

Schools - training establishments 2.2 7.8 5.0 5.1 Advertisements 28.3 17.3 25.4 24.1 Temporary employment agences 6.5 4.2 7.3 6.4 VDAB-ORBEM-Forem 6.6 10.0 16.4 13.3 Recruitment agencies 8.7 0.5 3.9 3.9 Other channels 0.5 0.3 0.0 0.2 Total number of vacancies 100.0 100.0 100.0 100.0

Source : Simoens P., Denys J. and Denolf L, Les entreprises et le recrutement en Belgique -1996-, 1997, pp. 58 and 59.

All the data collected in this manner led not only to the decision concerning the sectors to be explored, several of which are in fact common to the three regions (sales, manual work, hotel and catering, office work), but also to the decision1, in the Brussels-Capital region, to explore the labour market open to immigrant women workers. It appeared, indeed, that the research findings would be truncated if account were not taken of the sizeable proportion of women (Belgians and foreigners), in the sectors comprising the services, especially those developed in the Brussels region, such as non-commercial services, office work and sales.

Before starting the survey, the teams selected and trained the testers. The training was provided, in collaboration either with the regional employment service (in Flanders), or with the private information and training centres (Wallonia and Brussels). Apart from instruction in situation test methodology, CV drafting techniques and presentation for telephone or personal interviews, the testers were provided with specific information concerning certain sectors of activity, such as construction, new technology (micro computing), health care, special regulations concerning hiring incentive bonuses.

This preparatory phase was also a period of reflection for the three teams; they studied the basic manual by Frank Bovenkerk (an unofficial French translation which was produced by the project coordinator), invited the coordinator to explain certain methodological points, familiarized themselves with the findings of earlier foreign surveys, discussed their common experiences and problems. This close collaboration resulted in the compilation of a common survey procedure, and it was maintained throughout the period of the survey and analysis of findings. It also led to the preparation of an analysis grid common to the country's three regions, despite regional disparities in respect of labour markets and of the behaviour and procedures imposed by employers.

Finally, a pre-testing stage was conducted in each region, and several standard CVs were compiled for each of the testers under the direction of each team supervisor. In analysing the results, account had to be taken of the regional diversity of the data, so that it could be presented harmoniously and accurately in the analysis grid common to the three regions. The purpose of this first analysis grid was to select, from among the various procedures applied, the valid files, and then the usable files, of which the methodology required that there be at least 175.

Having examined the criteria applied in the foreign surveys so far completed, and having discussed them among themselves, the teams decided on the analysis criteria presented below. Having transposed these criteria into an identical table, the teams were then able to enter the data on the basis of duly completed forms and synthesis cards prepared by each team. The aggregate of these data makes it possible to present national, regional and sectoral data resulting from the surveys conducted in Belgium.

1 Supra 4.2.1 and part 9. 25

4.4. Production of a code book

In order to have a maximum of survey findings, the three teams prepared a code book, availing themselves of the competences of the Liège team. This code book provided an encoding of all the contacts and different observations made, which meant a total of 88 items per file and per tester. When processed it made it possible to measure whether, in each region, discrimination centred more on certain sectors, for certain activities, etc.

5. Definitions and results analysis criteria

5.1. Definition of validity criteria1

5.1.1. Presentation

The case files opened include valid and invalid files. Among the valid files, there are usable and unusable files.

5.1.2. Definitions

Opened case files refer to selected cases in which a contact had been attempted.

Invalid files refer to: C cases in which contact could not be established. Examples : line always engaged, for one or both worker candidates; no reply to letters sent; no response to message left on answering machine, for both worker candidates; person responsible "unreachable", for both worker candidates. C cases shelved as a result of a fault or error on the part of an applicant, which might have influenced the interpretation of the survey results.

1 The selection of validity criteria was the result of an adaptation of the instructions contained in the "Manual..." (Bovenkerk, op. cit.) prepared by the Research co-ordinating scientific committee, consisting of Arryn, P. and Delagrange, H. (IISA), Castelain-Kinet, F., Es-Safi, L. and Feld, S. (GRESP), Nayer, A. and Smeesters, B. (CeRP). 26

Examples: the applicant arrived late for the interview, or gave a wrong answer to the prospective employer.

Valid files, as opposed to invalid files, refer to all other cases in which a contact has been established with the prospective employer or his representative by each of the two applicants.

Unusable files refer to cases in which the prospective employer has had no occasion to discriminate. Such are: C cases in which the job was closed to both worker candidates. Examples: jobs declared already taken or absence of vacancies or of any prospect of employment for either applicant (spontaneous applications). C cases in which there was a blatant inadequacy in respect of qualifications. Examples: specific training or experience demanded, precise age required but not stated in the advertisement, etc.

Usable files refer to cases where, in the course of the procedure, the employer has had occasion to discriminate, at any stage of the hiring process in respect of a job which was at least briefly open to the applicant. The standard ILO research methodology (Bovenkerk, F., op. cit., p. 23) requires that there be at least 175 valid and usable files (observations) per entity examined.

Included in this latter category are: C cases which have been suspended after at least one contact, due to the impossibility of continuing the procedure (demand for a diploma or other documentary proof), C cases in which submission of a CV gave rise to a negative response after the application had been considered, C all other cases.

5.2. Identification of discrimination criteria

Based on the theoretical definition1 of discrimination, this was manifested in two forms in the course of the survey. One, which corresponds to the legal conception of discrimination, had an immediate and visible impact on the outcome of the recruitment procedure; it corresponds to decisions to accept or reject candidates at the different stages of the procedure established by Bovenkerk. The other, more subtle, is likely to influence the procedure without absolutely determining what course it will take. To describe the manifestation of discrimination on the part of employers and to interpret it correctly when analysing the results, we used two separate terms : differential treatment and differential behaviour.

5.2.1. Differential treatment

By differential treatment is meant the different outcome reserved by an "employer candidate" for a job application from one of the two "worker candidates" with identical qualifications and similar personal characteristics, apart from foreign origin.

The discrimination rates which we present later in this report refer solely to this concept of differential treatment and do not necessarily cover the concept of differential behaviour, which is also presented among the results of this survey.

1 Supra, 3.2. 27

5.2.2. Differential behaviour

Differential behaviour implies the manifestation of attitudes on the part of an "employer candidate", during the recruitment procedure, towards one of the two "worker candidates" with identical qualifications and similar personal characteristics, apart from their ethnic origin.

This may involve distortion on of the recruitment procedure, false statements, different working conditions, the adoption of particular attitudes and arguments based on national origin.

5.3. Identification of recruitment stages

In order to harmonize the results of recruitment procedures according to the three stages set forth in Bovenkerk's manual, bearing in mind the regional diversity of procedures and characteristics, we drew up a "table of equivalence". Its purpose was to classify the types of contacts and their results between the three stages of the standard recruitment procedure envisaged : presentation of the candidate, examination of vocational qualifications, recruitment decision.

In fact, it very soon became apparent to the three research teams that recruitment procedures could not be reduced to three stages : contact by telephone, interview and recruitment decision. On the contrary, the "employment race" is complex, diverse and punctuated with different unforeseen developments for each of the candidates.

Thus, it is not unusual for it to require several telephone calls to reach the person responsible for recruitment. This person, snowed under with work, often asks the applicant to call back or promises to do so himself. If he forgets to do so, the candidate will phone again. Occasionally, the first contact is an interview at the workplace, where the candidates have been invited to present themselves directly, according to the advertisement. Or it will be suggested to one or both that they send in a CV or fill in a questionnaire that will be sent by post. The interview appointments proposed to the testers are often for dates too far apart one from the other: then the "employer candidate" must be called again to postpone the interview. After the interview, the testers are often summoned to an information meeting. On average, therefore, recruitment procedures involve considerably more than three contacts. Therefore, in order to preserve the ILO's concern for comparability, we drew up a table of equivalence. This was prepared in consultation with the three research teams and gave rise to detailed discussions, so that all the hypotheses encountered would be included.

In fact, discrimination was manifested at three levels in the procedure.

1° It occurred in certain cases, right from the applicant's presentation, when he gave his personal particulars. At this stage he had not yet had an opportunity of stating his qualifications: this is the first stage. 2° It also appeared while the "worker candidate" was telling the "employer candidate" how suitable his qualifications were for the vacancy in question. This might occur during an interview by telephone or by appointment or in the course of an exchange of letters (usually the submission of a CV): this is the second stage. 3° Finally, it might emerge when, after consideration of the application, the recruitment decision is communicated to the "worker candidate": this is the third stage.

5.3.1. Presentation of the candidate 28

This first stage includes : - the telephone call, involving a short conversation in which the applicant introduces himself; - brief direct presentation to an employer (without interview); - submission of a "CV1" (i.e. without previous contact).

5.3.2. Consideration of the candidate's qualifications

This second stage includes: - the candidate's interview with the employer or his representative, involving questions on the qualifications required and a description of the job concerned; - a longer telephone conversation, involving questions on the qualifications required and a description of the job concerned; - a request for additional information in writing;

- submission of a "CV2" (i.e. after a preliminary contact, at the request of the employer); - participation in a group information session.

5.3.3. Recruitment decision

This third stage includes: - the offer of a job; - an invitation to a probationary or trial period; - an invitation to a programmed training course with a view to establishing an employment contract.

6. Results in the Walloon region

(by F. Castelain-Kinet; L. Es-Safi; S. Feld; F. Lannoy; GRESP, University of Liège)

6.1. Description of the survey procedure

6.1.1. Selection of testers

To select the testers, an advertisement was published for the attention of the student population of the University of Liège. The selection criteria were as follows: Candidates should be capable of understanding the issues and submit to the rigours of scientific research, but also provide proof of familiarity with the world of semi-skilled work. They should be able to work both in teams and independently.

So that only the difference in origin should distinguish the testers, they had to be virtually "interchangeable" as individuals. Particular attention was therefore paid to the greatest possible similarity between the candidates from the point of view of both physique and behaviour. Thus, general bearing, manner of speaking (fluency, vocabulary...) were selection criteria established for the numerous candidates who applied, so as to find those who most resembled each other. They could not look too young if they were to retain credibility when they referred to their (fictitious) previous experience in the chosen sectors. Aged between 24 and 27, the testers were to display 29

the same general demeanour : more or less identical physical characteristics (weight, height, build,...). Candidates of Moroccan origin should not speak with a foreign accent.

For the purposes of selection, the testers had to perform a "trial run" with an "accomplice" (real) manager of a (genuine) car wash service. During this test, they were supposed to write up their CV on their own and support it at the interview, in ignorance of the fact that the prospective employer was an accessory. One candidate only had to be replaced just before the second survey period, because he had found a job (outside the market we were exploring!)

6.1.2. Training the testers

Once selected, the candidates were given a course of training largely inspired by the suggestions contained in the research manual1. Initially, they learnt about the international research project, its working methods, hypotheses, objectives. It had, in fact, been decided to provide the selected testers with complete information. The option of leaving them in ignorance of certain research objectives soon proved to be unrealistic and counter-productive, if there were to be efficient and effective collaboration.

Subsequently, a recruitment specialist acquainted them with all the relational aspects of recruitment and its corollary, the job search. How to compile a CV, how to present oneself for employment, the mistakes to be avoided, the attitudes and aptitudes to convey in order to obtain a job. This training is similar to that provided to genuine job seekers.

"Occupation" cards were prepared, containing various types of information (wage offered, working conditions, equipment needed) on the types of activity applied for. These helped the testers to internalize the data required in order to appear aware of the realities associated with the jobs to which they aspired. Simulation exercises on film helped to improve the testers' performance and to explain the scientific (non-political) objectives of the research: one tester was asked not to insist too much on the foreignness of his name so as not to prompt immediate rejection. It was imperative that they should adopt as neutral an attitude as possible and avoid any kind of militancy.

Then a lawyer, a specialist in questions of employment assistance, acquainted them with the various advantages granted to employers who take on certain categories of applicants (grants, subsidies, tax exemptions). It seemed important that our testers should understand these legal measures so as to be able to maximize their chances of obtaining the job. Employers may, in fact, be aware of such advantages, which might induce them to appoint one candidate rather than another.

6.1.3. The testing procedure

1 Bovenkerk, F., op. cit. 30

6.1.3.1. Survey periods The first period took place between March and June 1996. A one-week preliminary test made it possible to try out the device elaborated by the Brussels and Flanders teams and to correct, in particular, the final details of the candidates' presentation.

The surveys were temporarily suspended during the summer vacation. Indeed, vacancies advertised during this period tend to be for "temporary student jobs". This fact was borne out by statistics issued by the national employment service. Accordingly, we resumed the survey for the more favourable mid-September to early December period.

6.1.3.2. Methodology Three times a week, the supervisor drew up a list of job vacancies corresponding to the chosen sectors of activity. This was effected primarily by means of advertisements in local newspapers. In fact, it proved impossible to have recourse to the national employment services or to temporary employment agencies, as these would have required the candidates to supply copies of diplomas.

Once the supervisor had selected an advertisement, he and the testers prepared the ensuing telephone conversation with the employer (similar approach). The first investigator would call the employer and, ten minutes later, the second would do likewise. The order in which the calls were made was reversed for each test. In the event that employers invited the candidates to an interview, these tried to obtain the interview on the same day and around the same time. Thus, the employer could make his choice between our two candidates and not dismiss the second one because he had found a suitable candidate in the meantime.

During the interviews, the testers were to wear the same type of apparel; the supervisor turned up at certain appointments to check that they were complying with instructions. As far as possible, the testers met between interviews, the first telling the second about the questions he had been asked and the replies he had given. If there were letters to be sent, these were mailed on the same day from different parts of town.

6.1.3.3. Location of tests Perusal of the local newspapers in the towns of Verviers, Namur and Charleroi revealed a very small number of job vacancies advertised in these towns. It was therefore decided to limit the research to Liège and its suburbs, which showed the greatest number of job advertisements. The result was that 83% of approaches were made in the Province of Liège. The remaining 17% (30 cases out of 201) were located in Namur and Charleroi, but also in Brussels and Flanders.

6.1.3.4. Diversity of jobs applied for The scarcity of job vacancies in the Liège area, as elsewhere in Wallonia, demanded a maximum diversification of job applications. Indeed, it very soon became necessary to apply for almost all vacancies advertised. The following table shows the distribution by type of activity of all applications resulting in a valid case file.

Table 6.1. Sectoral distribution of usable valid files Sector of activity Files % 0. No information 18 9 1. Hotel and catering 43 21 2. Banking and insurance 13 7 3. Retail trade 91 45 4. Manufacturing 6 3 31

5. Non-commercial services 2 1 6. Commercial services 14 7 7. Other 14 7 Total 201 100

The following table demonstrates that the teams were versatile and that they applied for jobs in all sectors.

Table 6.2. Sectoral distribution of teams Sector Team 0 1 2 3 4 5 6 7 Total AC 2 16 2 11 0 0 2 3 36 AD 4 17 5 42 3 0 4 4 79 BC 8 8 5 28 3 2 3 3 60 BD 4 2 1 10 0 0 5 4 26 Total 18 43 13 91 6 2 14 14 201

0. No information 1. Hotel and catering 2. Banking and insurance 3. Retail trade 4. Manufacturing 5. Non-commercial services 6. Commercial services 7. Other

6.1.3.5. CV writing With the help of the supervisor, the testers jointly drew up the curriculum vitae most suited to the vacancy advertised. On the basis of the list of businesses that had gone into liquidation in 1995, we invented the testers' occupational history. The use of this list meant that a potential employer would not be able to contact the previous employer(s) to obtain information about the candidate. We also had to invent an academic history for the testers. To this end, all the schools in the region were requested to send their respective syllabuses. This tedious work was intended to increase the chances of the applicant's being considered for the job.

6.1.3.6. Difficulties encountered The constant presence of the supervisor made it possible to solve the problems that arose on a case by case basis, as regards telephone calls, and to propose homogeneous replies to be used by each tester. Unpleasant experiences of discrimination were also discussed in common and, if necessary, immediately played down.

To be sure, every job applicant comes up against difficulties. For these testers, such problems were multiplied by the number and, above all, the diversity of the procedures. The main problems arose, in particular, during subsequent contacts between applicants and employers. Here are a few cases that we came across. - Testers were required to sign a paper with the statement "certified true and authentic" underneath their identity card number, after having given false information (age, experience). 32

- Some employers wanted to meet the testers at their (the testers') homes. - Employers would telephone to the tester's home for information. If the tester was absent, the employer would pester the mother or girl-friend with a string of questions concerning his private life and past career. It is easy to imagine the difficulties, bearing in mind the diversity of jobs for which they were applying1.

- Prospective employers have little respect for the private life of job applicants. When they say that they will telephone the latter "during the evening", these are obliged, in the interests of the survey, to wait for the phone call, often for hours on end. - Although the Liège testers applied for jobs in Wallonia only, employers sometimes asked them to present themselves in other regions (Flanders, Brussels), and this involved fairly long journeys and a considerable expenditure of time on one single case. - The testers applied for jobs in every sector. They had to memorize their various CVs (waiter, messenger, car-washer,...) with all that that entailed as regards the diverse information (studies, experience...), in order to reply to the employers who telephoned them every day. The testers had to be waiters, storekeepers etc., according to the telephone calls. - Some cases had to be discontinued, because the employers wanted to see the applicants' diplomas. Public administrations will not send on files for job applications before they have received copies of the diploma, identity card, etc...). Consequently, we were never able to apply for jobs in the public sector. The following example provides an illustration of the applications that we could not pursue for these reasons. - Of the following examples, one bears witness to the pugnacity of the testers, the other to their adaptability.

1 One example: An employer telephones the investigator's home. The mother answers and the employer asks her where her son is. Is he working at present? The mother replies that her son is attending courses at the University. "What?" exclaims the person at the other end of the line, "but he has just applied to me for a job as a storekeeper!" 33

Second-hand car salesman

Applicant of Belgian origin Telephone The employer invites the applicant to come for an interview on the following day Interview The employer, who turns out to be of Moroccan origin, describes the job, the pay, and asks the investigator a few questions, and says: "I'll contact you soon".

Applicant of Moroccan origin Telephone The employer questions the applicant on his past experience and tries to discourage him (which he did not do in the case of the Belgian applicant). "You are not the right person for this job, you don't even know the price of a 1995 X type car". Our investigator quotes a figure which seems acceptable, because the boss retorts: "All right ... good. You can start since you seem to be an expert".

Office worker

Applicant of Belgian origin Telephone Applicant is invited for an interview. Interview Applicant is offered a job.

Applicant of Moroccan origin Telephone Applicant is invited for interview. Interview During the interview, the employer reads in the curriculum vitae that the applicant had studied at school X. "I went to that school too. Is Mr. X still teaching there? And how is Mrs. Y, the headmistress. I hear they extended the buildings recently ...". The applicant obviously gives all the right answers, since the boss offers him a job.

6.1.4. Spontaneous applications

Hiring practices in Belgian enterprises have a regional flavour. A recent study conducted by the Hoger Instituut voor de Areid (Leuven) shows that recruitment procedures are different in Wallonia, Brussels and Flanders.1

1 This table is a reconstruction of the original table to facilitate regional comparison. The first columns of the regional tables contain the percentage of vacancies filled through the procedure in question. More than one procedure may be used for one and the same vacancy. 34

Table 6.3. Recruitment procedures by region (market share in %) Procedures/regions Brussels Flanders Wallonia Advertisements 28.3 25.4 17.3 Spontaneous applications 9.1 16.1 20.2 Other 62.6 58.5 62.5 Total recruitment procedures 100.0 100.0 100.0

According to Simoens, P. , Denys, J., Denolf, L.: Les entreprises et le recrutement en Belgique - 1996, Study commissioned by the UPEDI, Union professionnelle des entreprises de travail intérimaire privées, Hoger Instituut voor de Arbeid, Leuven, 1997, page 59, table 7.4: Répartition des filières d'engagement selon la région (part de marché en %).

This study shows that advertisements account for 28.3% of recruitment procedures in Brussels, 25.4% in Flanders and only 17.3% in Wallonia. Recourse to small ads in Wallonia to find vacancies likely to interest our "semi-skilled" testers, offered fewer chances of approaching a potential employer than would be the case in Brussels. On the other hand, in Wallonia, greater use is made of informal channels (internal recruitment, connections in the enterprise, spontaneous applications). Internal recruitments and connection networks being excluded from the methodology adopted, the only recourse was to spontaneous applications. According to this survey, they account for 20.2% of recruitment practices in Wallonia, compared with 9.1% in Brussels and 16.1% in Flanders.

This analysis corroborates the information provided to us by recruitment professionals, temporary employment agencies and public employment services. The last-mentioned of these indeed have recently organized "active job-search clubs" which initiate unemployed persons into the art of the spontaneous application, especially by telephone, a Canadian method, according to our information. The promoters of these clubs claim a high success rate (the figure 80% has been quoted, but we have not been able to find out the calculation basis used. It would appear that employers are impressed by the dynamism underlying such an approach, and are even flattered by the applicant's interest in the enterprise. Applications of this kind can, in fact, provide a recruitment reserve, should the need arise.

For the tests conducted within the framework of this survey, Wallonia therefore had recourse to the spontaneous application method. A procedure was elaborated which would correspond as closely as possible to the general methodology on the basis of a few test experiments. The choice of enterprises was based on the Wallonia commercial telephone directory (Yellow Pages) (enterprises are classified by sector) and with the help of a regional and sectoral classification of the 10,000 best-performing enterprises for the year 1995. We selected and ticked one enterprise in ten from these lists so as to preserve the random nature of the choice. Spontaneous applications account for 33% of the usable valid case-files drawn up by the testers. As we shall see later, there is no appreciable difference between net discrimination rates in the case of spontaneous applications and those submitted in response to advertisements. The distribution of discriminatory practices was therefore not biased by recourse to this procedure. 35

6.2. Findings of the survey based on the situation test

6.2.1. Introductory remarks

The validity criteria of the case files (that is to say all stages of the procedure conducted by a pair of testers) were explained in chapter 4. We recall the distinction made between invalid and unusable case files. The difference between the number of attempts (356) and usable demands (201) is also very important here. This rigorous rejection of all cases where there could be any doubt as to the equality of the presentation conditions of each candidate on the team admittedly added to the number of stages and hence to the duration of the survey. This precaution was, however, necessary if the survey was to reflect as closely as possible the realities of recruitment on the labour market. The analysis and interpretation of these cases, while involving more difficulties and greater strictness in the supervision of the testers' attempts, made it possible on the other hand, to identify the pitfalls and mistakes to be avoided.

Recourse to spontaneous application required certain elements of the methodology to be adapted, so as to be able to take into account the experiments thus conducted. As we have seen, a Draconian selection of cases was made in order to retain only experiments where "the potential employer had occasion to discriminate at any stage of the procedure, from the application to the hiring decision, in respect of a job which was open, at least briefly, to the applicant" (see above 5.2.2). In fact, to be valid and usable, a case-file opened within the framework of a spontaneous application should fulfil the following essential conditions: the contact with the employer had to have held the latter's attention for a few moments at least.

Considered as cases of discrimination1 were all files in which one applicant was retained by an employer whereas the other was rejected at one stage or other of the procedure. Their chances of continuing the application process were therefore not equal.

For example:

Sales assistant in a fried food outlet

Applicant of Belgian origin Telephone The employer asks questions about the applicant's experience and motivation; then comes the question of languages: "Can you speak German?" "Well, just a little - numbers"... "But", insists the employer, you don't really speak it? I'm sure you will learn quickly. Come and see me tomorrow".

Applicant of Moroccan origin Telephone The employer starts off by asking the applicant if he speaks German. The applicant replies "I can count". "That's not enough you know, you are not suitable."

Or:

Sales assistant in household electrical appliances

1 See also 5.2.2. 36

Applicant of Belgian origin Telephone The applicant introduces himself, and the employer questions him on his experience. He invites him for an interview.

Applicant of Moroccan origin Telephone The applicant introduces himself and the employer asks him such questions as: "What is your zodiac sign? What is you ascendant? Your favourite colour? Are you engaged? What do your parents do for a living and how much do they earn?" The tester answers these questions and the employer tells him: "Having examined your replies, I find you are not suited for work in our firm."

The discrimination is therefore the result of unequal treatment of the two applicants. It must not be confused with what we have called differential behaviour, defined as such when the employer manifestly does not receive the applicants in the same manner, though without necessarily giving less chance to one than to the other of pursuing the recruitment procedure (see the example of the car salesman referred to earlier. Discrimination (unequal treatment) and differential behaviour (different reception) will be analysed separately.

Finally, net discrimination is defined as the mathematical difference between the number of discriminatory acts in respect of the Moroccan and the Belgian applicant. The reasoning is as follows: discriminatory acts in respect of Belgians are considered to be result of chance. We decided arbitrarily, therefore, to class them as equal treatment while subtracting the same number of cases of discrimination against a Moroccan, also arbitrarily considered as a matter of chance, and classed, in their turn, as equal treatment. The net discrimination rate is then calculated in relation to the total number of usable valid files1.

6.2.2. First stage, establishment of contact (presentation of the applicant)

This first stage, frequently2 effected by telephone by both candidates, consists in their presenting their application under virtually identical conditions and terms, a third person, the supervisor, being constantly in attendance. We observed a net discrimination rate of 21% against the minority candidate (in this survey, a young Belgian of Moroccan origin).

6.2.3. Second stage, interview with the 2 applicants (review of the applicants’ qualifications)

This phase, as stated earlier, comprises the visual encounter between the applicant and the employer, or other methods of extended telephone conversation involving detailed questioning, followed by a request for a curriculum vitae. In 28 cases, both applicants received a positive response. In 12 cases, only the tester of Belgian origin was selected, and in four cases, only the tester of Moroccan origin was selected. The result was an accumulated discrimination rate of 25% (42+8/201).

Table 6.4. Results of the situation test for semi-skilled jobs

1 This conception was challenged by researchers in the United States (Bovenkerk., op. cit.). We consider it dubious but have none the less applied it strictly.

2 In the job advertisements, the employer often requested applicants to send a curriculum vitae or to bring one to his office. 37

Files opened 356 Invalid applications 65 Unusable valid applications 90 Usable applications 201

First stage: establishment of contact 201 Equal treatment without follow-up 76 Equal treatment with follow-up 59 Majority applicant only invited 54 Minority applicant only invited 12 Net discrimination against minority (54-12) 42 Net discrimination against minority in % (42/201x100) 21%

Second stage : interview with the two applicants 59 Equal treatment without follow-up 15 Equal treatment with follow-up 28 Majority applicant only invited 12 Minority applicant only invited 4 Net discrimination against minority (12-4) 8 Net cumulative discrimination (42+8) 50 Net discrimination against minority in % (50/201x100) 25%

Third stage : job offer 28 Job offered to both applicants 24 Job offered to majority applicant only 4 Job offered to minority applicant only 0 Net discrimination against minority (4-0) 4 Net cumulative discrimination (50+4) 54

Net discrimination against minority in % (54/201x100) 27%

Critical rate of net discrimination 13.8%

6.2.4. Third stage, recruitment decision

At the close of the procedure followed by the testers applying for a vacancy advertised or seeking a job offer, there were 28 potential recruitments. In 24 cases, the job was offered to both the "majority" and the "minority" tester. Only four cases indicated discriminatory treatment in favour of the "Belgian". We have included among these recruitments offers of training and a probationary period. It proved, in fact, impossible in practice to pursue these procedures to their conclusion.

The total at the end of the three stages produced a cumulative net discrimination rate of 27%. The significance of this figure requires explanation. In fact, it must be compared with the critical rate of net discrimination to see the extent to which it cannot be influenced by certain variables which we considered relevant.

6.2.5. Calculation of the critical rate

The total number of usable observations came to 201. For a sample of this size, we must calculate the minimum rate of net discrimination below which we must reject the hypothesis of discrimination with a 5% error risk. 38

For an N = 201 sample size, the critical rate of net discrimination, CR, at a threshold of 5% is calculated on the basis of the following equation in which " is the standardized unit of a normal distribution and 1.96 the Z value of a normal distribution at a significance level of 5%.

Thus, . The critical rate is 13.8% in this case. Our net discrimination rate being 27%, it is thus higher than the critical rate. We can conclude from this that there is overall discrimination against the Moroccan minority when it comes to hiring semi-skilled personnel.

6.3. Validity test

The procedure will be declared valid if the instances of discrimination observed cannot be attributed to any characteristics of the applicants other than their nationality of origin. The applicants' conduct throughout the various phases of their job search had to be as homogeneous as possible. The precautions taken were of several types: - rigorous selection and preparation of candidates; - constant supervision of their performance; - interchangeability of team members in the tester pairs.

Furthermore, a validity test was applied to the findings obtained by the different tester pairs to ascertain whether the results were not being influenced by the composition of the teams. There were four pairs of testers, which we shall call AC, AD, BC and BD. A and B represent Moroccan, and C and D Belgian testers. They processed 201 valid files. The tables below show the number of tests conducted by each tester pair, the number of cases of net discrimination observed in respect of the Moroccan and the instances of net discrimination expected against the Moroccan for each tester pair (27% of case-files processed by each team).

Composition of pairs Number of valid case-files AC BC 36 60 AD BD 79 26

Discrimination expected Discrimination observed 10 16 12 15 21 7 17 10

Table 6.5. presents the overall results obtained by each team.

Table 6.5. Discrimination by team, net and expected discrimination Teams Discrimination against the Equal against the Total Net discrimination Net Expected net Belgian (1) treatment Moroccan (3) (3)-(1) discrimination discrimination (2) in % AC 3 18 15 36 12 33 10 AD 9 44 26 79 17 22 21 BC 2 41 17 60 15 25 16 BD 2 12 12 26 10 38 7 Total 16 115 70 201 54 27 54 39

% 8 57 35 100 27

In 70 cases out of 201, a Moroccan was treated less favourably than a Belgian, and in 16 cases, the reverse occurred. There are therefore 54 cases of net discrimination (27%) in favour of the Belgian. Theoretically, each pair should have experienced a net discrimination of 27%. We therefore compile a test P2. If the value of P2 is higher than 7.18, which corresponds to the critical value of divergence between the expected and observed results, with an accepted 5% error margin (degree of freedom equal to 3), the distribution is biased by the performances on one or more tester teams 1.

= 2.77

This value is not significant, the results are therefore not biased by the performance of one or both testers.

6.4. Discrimination and type of application

The following table is designed to establish whether the manner of applying for a job does not lead to a substantially different rate of discrimination.

Table 6.6. Type of application Applications Discrimination Spontaneous Job ads Total Against the Belgian (1) 10 6 16 Equal treatment (2) 32 83 115 Against the Moroccan (3) 24 46 70 Total 66 135 201 Total in % 33 67 100 Net discrimination (3)-(1) 14 40 54 Net discrimination in % 21 30 27 Critical rate in % 24 17 14 2 P = 0.067; p = 0.3 > 0.05 The calculation of P2 shows that the net discrimination rate does not vary significantly with the type of application, be it spontaneous or as a result of an advertisement. It will be observed that the discrimination rate remains slightly below the critical rate in the case of spontaneous applications. No conclusion, however, can be drawn in respect of this rate, since the number of cases is too small.

6.5. Discrimination according to certain variables

We wondered about the possible links between net discrimination rates and certain relevant variables. The survey formula allowed for the analysis and comparison of up to 80 items of information per situation. But on numerous occasions, certain questions were not answered because of the difficulties associated with the survey situation. The following example demonstrates in a regrettably crucial manner the nature of these problems.

1 Kanji, G. K., 100 Statistical Tests, Sage Publications, London, 1993 40

Kitchen hand

Applicant of Belgian origin Telephone The employer asks the tester many question such as "can you prepare snacks?, peel vegetables?", but refuses to explain the exact nature of the job. He invites the tester to come again on the following day and possibly start on a trial basis.

Applicant of Moroccan origin Telephone The employer asks few questions and refuses to give detailed information on the exact nature of the job. Then he shouts: "Do you want the job or not? Then fetch your blanket and come here tomorrow." Then he gives the address and hangs up.

Both interviewed The Belgian tester arrives first. The employer insists on waiting for the arrival of the Moroccan ten minutes later. He describes the job to the two testers simultaneously: it involves sitting on a blanket and peeling and washing vegetables in a damp, dirty cellar. He asks our testers to stay for the day and peel vegetables. He does not say whether he needs one or more workers but states at once that if the testers were not suitable for the job, he was not going to pay any wage for the day worked. Here it was a question of undeclared work, for which reason it was to be done in the cellar. Our testers left without starting.

A certain number of cross-referencings were therefore impossible owing to lack of information. Thus, discrimination according to type of firm, duration of contract, working hours, remuneration, working conditions, undeclared work could not be validly processed statistically, because over 40% of data concerning variables were lacking. On the other hand, we tried to see whether net discrimination varied significantly according to the firm's sector of activity, the type of employment (visual contact with clientele), nature of the occupation, type of contract offered.

6.5.1. Discrimination by sector

Table 6.7. Discrimination by sector of activity Sector Insurance Commercial a b Discrimination Hotel Banking Retail trade Services Other Total % Against the Belgian (1) 5 1 7 1 2 16 9 Equal treatment (2) 20 10 50 6 14 100 55 Against the Moroccan (3) 18 2 34 7 6 67 37 c Total 43 13 91 14 22 183 100 Total in % 23 7 50 8 12 100 Net discrimination (3)-(1) 13 d1 27 6 4 51 Net discrimination in % 30 (8) 30 (43) (18) (28) Critical rate in % 30 54 20 52 42 14 41 a b Including manufacturing and non-commercial services. Aggregate of observations less the missing data. c Missing data are never counted in statistical totals and tests, this precaution may give rise to slight variations in totals from one table to another. d It was advisable to concern ourselves only with the hotel/catering and the retail trade sectors, the others (figures in parentheses) involving an insufficient number of applications and thus providing no reliable conclusions. 2 P = 3.3; p= 0.5 > 0.05

The P2 tests show that one cannot exclude the hypothesis of a type of discrimination which differs according to the sectors documented. The available data make it possible to reveal effective discrimination only in the two sectors : hotel/catering and retail trade. For the others, the number of instances do not justify any conclusions.

6.5.2. Discrimination and visual contact with clientele

Table 6.8. Discrimination and visual contact with clientele Visual contact Discrimination Yes No Total Against the Belgian (1) 14 1 15 Equal treatment (2) 100 6 106 Against the Moroccan (3) 63 3 66 Total 177 10 187 Total in % 95 5 100 Net discrimination (3)-(1) 49 2 51 Net discrimination in % 28 (20) 27 Critical rate in % 15 26 14

For 95% of jobs applied for, constant contact with the clientele was essential. This factor is usually considered as unfavourable to "different" candidates applying for a job. Unfortunately, the data collected do not make it possible to confirm or deny this hypothesis, which was taken from the results of an opinion poll.

6.5.3. Discrimination and type of occupation

Table 6.9. Discrimination and type of occupation Type of occupation Discrimination Waiter Sales assistant Manual workers Repre- Others* Total sentative Against the Belgian (1) 5 4 1 4 2 16 Equal treatment(2) 19 30 8 44 11 112 Against the Moroccan (3) 16 17 8 23 5 69 Total 40 51 17 71 18 197 Total in % 20 26 9 36 9 100 Net discrimination (3)-(1) 11 13 7 19 3 53 Net discrimination in % 28 25 (41) 27 (17) 27 Critical rate in % 31 27 47 23 46 14

* including office workers, messengers, etc. 42

2 P = 1.5; p= 0.8 > 0.05

The findings of test P2 applied to these data show that discrimination against persons of Moroccan origin is not connected with the type of job on offer or applied for.

6.5.4. Discrimination and type of contract

Table 6.10. Discrimination and type of contract Type de contrat Discrimination Wage-earning Self-employed Other* Total Against the Belgian (1) 11 2 0 13 Equal treatment (2) 33 34 6 73 Against the Moroccan (3) 29 17 1 47 Total 73 53 7 133 Total in % 55 40 5 100 Net discrimination (3)-(1) 18 15 1 34 Net discrimination in % 25 28 (14) 26 Critical rate in % 23 27 74 17

* including undeclared employment (6 cases) and franchisees (1 case). 2 P = 0.4; p= 0.8 > 0.05

It will be noted that 40% of jobs on offer were independent (self-employed) activities. The results do not reveal a significant difference between discrimination rates according to status. Were they offered different contracts for the same job? Comparison of occupational status shows that the status offered to the Belgian was no different from that offered to the Moroccan.

6.6. Differential behaviour

Employers' prejudices can be reflected not only in overt acts of discrimination resulting in refusal to hire. Job seekers encounter many kinds of differential behaviour. We endeavoured to identify and collate these in the course of the survey.

6.6.1. Differential behaviour according to team

The following table presents global data on differential behaviour according to team.

Table 6.11. Differential behaviour according to team Differential behaviour Teams Towards Identical Towards the Total Net Net differentiation in the Belgian behaviour Moroccan differentiation % AC 3 20 9 32 6 19 AD 9 42 28 79 19 24 BC 3 34 19 56 16 29 BD 1 14 10 25 9 36 Total 16 110 66 192* 50 26 Total in % 8 57 34 100

* Data concerning differential behaviour patterns are lacking or unreliable in 9 cases. 43 2 P = 1.4; p= 0.7 > 0.05

No team was proportionally more often subjected to differential behaviour.

6.6.2. Differential behaviour and type of application

Spontaneous application leads to a particular kind of interpersonal communication. In fact. in this instance. the employer is not looking for workers. He can justifiably reject the application right from the start. He can do this with a greater or lesser degree of tact.

We have not included possible differential behaviour observed where both candidates were immediately rejected.

For example :

Sales assistant in a hardware shop

Applicant of Belgian origin Telephone (spontaneous application) "Good morning. madam. My name is Frédéric X. and I am looking for a job.." The applicant tells her about his experience and asks if there is a vacancy. The shop-owner replies. "I'm afraid I'm not taking on anyone. young man; it's the recession. you know (diatribe on the financial costs of running one's own business). but I can give you the addresses of some friends who may possibly be able to offer you something (...). Good luck."

Applicant of Moroccan origin Telephone (spontaneous application) "Good morning Madam. My name is Kamal X. and I am looking for a job .." The shop-owner replies: "Oh, good heavens, no thank you!"

But whenever the spontaneous application was given consideration by the prospective employer (requesting a curriculum vitae, asking questions...) the situation was considered valid and usable.

Table 6.12. Differential behaviour and type of application Type of application Spontaneous Job ad. Total Towards the Belgian (1) 12 4 16 Equal treatment (2) 24 86 110 Towards the Moroccan (3) 27 39 66 Total 63 129 192 Total in % 33 67 100 Net differentiation (3)-(1) 15 35 50 Net differentiation in % 24 27 26 Critical rate in % 25 17 14 2 P = 0.1; p= 0.7 > 0.05

The results show that, proportionally speaking, a spontaneous application is not more frequently exposed to differential behaviour. However, a comparison of the rate of differential behaviour observed and the critical rate, show that no conclusions can be drawn as to this rate in the case of spontaneous applications. 44

6.6.3. Patterns of discrimination

Table 6.13. Differential behaviour and discrimination Discrimination Differential behaviour Against the Belgian Equal Against the Total % treatment Moroccan Differentiated towards the Belgian 12 4 0 16 8 Equal treatment 2 94 14 110 57 Differentiated towards the Moroccan 0 17 49 66 34 Total 14 115 63 192 100 Total in % 7 60 33 100

This table compares the experiences of discrimination (unequal treatment) and of differential behaviour (different reception).

In order to observe recruitment procedures involving discrimination and/or differentiation in respect of the Moroccan applicant, we isolated 80 cae-files. The table below breaks them down into 3 categories : - the first comprises 14 cases of discrimination in which none of the employers manifested differential behaviour towards the Moroccan applicant; - the second comprises 17 cases where there was no discrimination but where the applicants were treated differently during the recruitment procedure; - the third category comprises 49 cases of discrimination which had been preceded or accompanied by differential behaviour on the part of the employer towards the Moroccan.

Table 6.13a. Differential behaviour and discrimination in respect of the Moroccan applicant Differential behaviour Discrimination Equivalent behaviour Towards the Moroccan Total Equal treatment - 17 17 Against the Moroccan 14 49 63 Total 14 66 80

This table shows that most instances of unequal treatment had been preceded by manifestations of differential behaviour (49 cases out of 63). But a qualitative analysis of the other 14 cases of discrimination without previous differential behaviour reveals that, in these cases, discrimination had been immediate. In fact, the testers, in reply to a job advertisement in the local newspapers, sent a curriculum vitae and a letter of application. On receiving this mail, the prospective employer immediately discarded the application of our minority candidate: - In 7 cases out of 12, the employer contacted the Belgian tester alone to invite him (6 cases) to an interview or to tell him that his application had not been accepted (1 case); - On three occasions, the employer telephoned both applicants, invited the Belgian to an interview or information meeting, and informed the Moroccan that he was not suitable; - In two cases, both applicants were rejected, but the employer's arguments differed (for example, the Belgian was placed on a reserve file and the Moroccan was unsuitable). 45

The employer therefore based his choice solely on the letters received, in which the only essential difference between the two applicants appeared to be their ethnic origin. His immediate refusal denied the minority tester the opportunity of producing arguments in his favour, since the procedure had been broken off from the start, as soon as his letter was received.

These situations could have been saved, as borne out by the 17 isolated cases in this table, where the Moroccan finally received the same treatment as the Belgian, despite the employers' discouraging behaviour towards the Moroccan ("we are not hiring, we are laying off", "you can send in your CV but there isn't much hope") or their refusal to give any details about the job, in the case of the Moroccan only. Nevertheless, it must be admitted that cases where the Moroccan applicant managed to overcome the differential behaviour and still get himself hired are rare. Most of the situations registered here did, in fact, lead to invitations to send a CV or in the applicants' being placed on a reserve file.

Thus, in the example of the car salesman referred to earlier, the tester's fighting spirit did, in fact, result in an invitation to come for an interview. None the less, there is a high degree of probability that such a situation will give rise to discrimination at a later stage.

(As a reminder:) Second-hand car salesman

Applicant of Belgian origin Telephone The employer invited the applicant to present himself on the following day.

Interview The employer, who turned out to be of Moroccan origin, described the job, the pay, asked the tester a few questions, and said: "I'll contact you soon".

Applicant of Moroccan origin Telephone The employer questioned the applicant on his past experience and tried to discourage him (which he did not do in the case of the Belgian applicant). "You are not the right person for this job, you don't even know the price of a 1995 X type car". Our tester quoted a figure that seemed acceptable, because the boss retorts: "All right ... good. You can start since you seem to be an expert".

Interview The Moroccan tester presented himself for the interview and, though very strained at the beginning, the relationship became quite cordial. The employer addressed him as "son" (your father brought you up well, son" - "You're a Moroccan like me, you know about 46

racism, how hard it is to get a job if you are a Moroccan, son) and spoke in Moroccan dialect. The interview lasted longer than the one with the Belgian applicant, and the employer gave the tester to understand that he would be taken on. "If Moroccans don't help each other, who will?". Despite all this, it was the Belgian who was contacted on the following day to come and sign his contract.

6.7. Conclusions

For Wallonia, the situation tests were conducted in the Liège area. They revealed a net discrimination rate of 27%. This rate is decidedly higher than the critical rate calculated on the basis of the sample size, namely 18.8%.

The situation test method makes it possible to capture actual behaviour rather than opinions. However, the imponderables associated with the opportunities on the job market make it difficult to assemble the necessary conditions for a detailed statistical analysis. Still it was possible to isolate certain established relations.

To the question of whether an applicant of Moroccan origin is likely to be discriminated against in one sector rather than another (hotels and catering, retail trade, insurance,...), the answer is no. Neither will he be more discriminated against according to the occupation or activity (waiter ...) or according to the contract offered (self-employed or wage-earning). On the other hand it was not possible to establish whether employers, in practice, often refused to take on a candidate of foreign origin for jobs involving visual contact with the public. In fact, the distribution of the number of cases encountered renders a reliable statistical comparison impossible.

A qualitative analysis of the hiring procedures having led to effective discrimination (differential treatment) revealed that most instances of discrimination had been preceded by different and often negative behaviour on the part of the employer with regard to the applicant of foreign origin. The assertiveness of the latter in the face of sometimes humiliating behaviour is thus very rarely rewarded. It seems, therefore, difficult to imagine that an outstanding applicant of Moroccan origin, could influence the decision of certain employers who are prone to adopt a discriminatory attitude. This is undoubtedly the most significant lesson learnt from this survey, after having established, objectively and under rigorous conditions, that in Wallonia, discrimination in access to employment is a reality experienced by a sizeable number of poorly qualified job seekers of Moroccan origin.

7. Results in the Flemish region

(by H. Delagrange; IISA, Brussels)

7.1. Introduction

This chapter presents the findings of the situation tests carried out in Flanders. They were conducted in exactly the same manner as in Brussels and Wallonia: One Moroccan and one Belgian offered their services to an employer, either spontaneously or in response to a job 47 advertisement. Both had been trained to present themselves in the same way, and their CVs were identical. The only significant difference was their ethnic origin.

7.1. Description of the procedure

7.2.1. Selection of testers

Carrying out tests in the Antwerp area was complicated by the difficulty we had in finding "jobbing" students. The necessary commitment, as regards both the duration and the nature of the work, had manifestly had a deterrent effect. Consequently, we had to call on a greater number of "jobbing" students than the four ideally envisaged. Furthermore, these students came from a variety of departments and institutions, which to a certain extent complicated the composition of the grids. In principle, there is no objection to this from the methodological point of view, bearing in mind that it reduces the probability that the findings will be influenced by the fact that one tester might be markedly more or markedly less discriminated against than the others. On the other hand, it complicates the conduct of statistical tests and the possibility of interchangeability between students.

All this also involves certain constraints in respect of homogenization of pairs of testers. It takes a certain time for the two team members to be able to adopt a similar presentation in the case of a spontaneous application and write the same kind of letters. This factor, combined with the difficulty of interchanging the students, resulted in the testers', primarily but not exclusively, covering the same sectors.

7.2.2. Training of testers

The students attended a one-day training course dispensed by the survey coordinator. The objectives and procedure of the survey were explained and several CVs drawn up. The students were then given training in job interviews, provided by a voluntary, anonymous trainer from a public employment service. This training, which is normally given to unskilled unemployed persons, accentuated the techniques to be applied in telephoning and the manner of presenting a CV. On completion of training, the students were supposed to be capable of writing their CV in a uniform and effective manner and to make spontaneous applications by telephone. Before commencing the survey, the testers' profiles, attitudes and fictitious CVs were harmonized and subjected to repeated tests.

7.2.3. Testing process

7.2.3.1. Testing periods An initial series of tests took place in autumn 1995 and spring 1996. The second series was conducted in autumn 1996 and spring 1997. A more or less equivalent number of tests were conducted during the two periods, but, during the second phase, the number of sectors covered was increased.

7.2.3.2. Region All the tests were carried out in the province of Antwerp, with a concentration in the city of Antwerp and its suburbs. Vacancies were sought mainly in the specialized press (De Personeelsgids et Vacature) and in the special pages of a regional newspaper (Gazet van 48

Antwerpen). The principal advertising papers, delivered in every letter-box (De Streekkrant and De Antwerpse Post) were also explored systematically. In the case of spontaneous applications, the selection of enterprises was made on the basis of the Yellow Pages and the Belgacom commercial and professional directory. No test was conducted in Brussels or Wallonia.

A large proportion of recruitments in Antwerp, especially in the docks, is carried out by a "pool" system, which is not open to applicants who do not have the status of dockworker. Since students cannot acquire this status, it was impossible to carry out tests in the dock area, which accounts for a sizeable segment of the job market.

7.2.3.3. Sectors It is not easy to make a sectoral breakdown of the different firms contacted, because we often lacked the information whereby an enterprise could be classed in this or that sector.

Sectors were chosen according to the probability that there might be an element that could influence the tests for the population concerned. Moreover, the sectors in question were those which seemed to offer this population the most job opportunities - in terms of age, training and experience.

The distribution by sector was as follows:

Table 7.1. Test distribution by sector Sector Number of usable valid files % Hotel and catering 41 22.7 Retail trade 49 27.1 Manufacturing 35 19.3 Services 56 30.9 Total 181 100

Table 7.2. shows the distribution of the tester pairs in the different sectors.

Table 7.2. Distribution of tester pairs by sector Pairs Hotel and Retail trade Manufacturing Services Total catering AC 17 30 1 28 76 BC 4 13 4 8 29 AD 11 2 22 8 43 BD 9 4 8 12 33 Total 41 49 35 56 181

7.2.3.4. Drafting a CV The applicants' CVs were drawn up on the basis of the profile suggested in the survey manual (Bovenkerk, 1992). Special care was devoted to the harmonization of CVs. We ensured that they presented enough differences for the applicants not to be suspected, but also enough similarities for them to be considered as perfectly equivalent. 49

The testers drew up their own CVs, which were adapted according to the sector in which they were applying. As far as possible, the testers referred to previous work experience that they had actually had in student jobs. Occasionally we had to reharmonize the CVs, for example, when prospective employers asked unexpected questions. In this case, the first applicant had to improvise, but he subsequently came to an agreement with his partner concerning the answers he had given. This procedure was applied only for questions about relatively objective elements which might constitute criteria of exclusion in the case of the job applied for, such as, for example, the fact of having a driving licence. Some of the cases were litigious, and certain tests had to be evaluated in depth before they could be validated and we could establish whether or not they involved a form of discrimination. The following case was the most difficult to resolve:

The Moroccan spontaneously telephoned a furniture removals firm M. Good morning, my name is Ahmed. I am calling to find out if you might perhaps need a removals man. E. Have you got a C licence?1 M. No, just an ordinary car licence. E. In that case the, I'm afraid I can't help you.

The Belgian telephoned, also spontaneously B. Good morning, my name is Filip Schepens and I am looking for work. Do you need any removal men? E. Furniture removal is very heavy work, you realize that. B. I don't mind rolling up my sleeves, I'm not afraid of hard work. E. Yes, but people don't always realize what it involves, crates and furniture can be very heavy, there is no time to get your breath back. On top of that, the hours are long, because we always do a removal job in a single day, and it is often over long distances, which can mean a lot of overtime. And offices and suchlike, we often do those over the weekend or at night. And then, office blocks ... have you a head for heights? B. (somewhat taken aback): Hmm... no, not really. E. You know what? You think it over and maybe call me back later.

There was doubt about the relevance of the question of the C licence, which is comparatively rare and very much in demand. It might be thought that the question was an elegant pretext not to have to employ an immigrant, but it might also have been that the removal firm only accepted applicants

1 Licence for heavy goods vehicles 50 of foreign origin if they met this particular requirement. After long discussion within the team, the test was validated and considered as a case of discrimination against the Moroccan applicant.

The presence or permanent availability of the coordinator made it possible to settle questions of interpretation in a uniform and coherent fashion. Where there was any doubt, the test was rejected as unusable. Where the candidates had to complete an application form, the test was suspended, validated or not, according to the state of the situation. In fact, filling out an application form would, in practice, be tantamount to forgery. The test was validated even where both testers had to complete a form.

7.2.4. Spontaneous applications

It was soon obvious that the number of vacancies advertised would not be enough to cope with the number of applications that had been decided upon. So the testers also made spontaneous applications, a recruitment method which is in any case prevalent in Belgium. Of the 181 usable valid tests, 109 involved spontaneous applications and 72 replies to job advertisements.

It is not always easy to decide on the interval that should separate two spontaneous applications. If it is too short, there is the danger of being unmasked or, at any rate, creating confusion. If it is too long, the chances are that the situation will have changed in the meantime. We finally adopted the rule that we should leave an interval of at least one day and at most one week. In the majority of cases, we waited two days.

7.3. Results

The introduction describes the selection criteria that a case-file must fulfil in order to be considered in the analysis (validity and usability). To recapitulate, a file can be said to be valid and usable if the prospective employer "had the occasion of practising discrimination". This presupposes that he conducted a superficial assessment of the two applicants and made a decision on the basis of a series of elements allowing one or both of them to continue the selection procedure.

Table 7.3. Results of situation tests for semi-skilled jobs 51

Case-files opened 606 Invalid files 99 Valid files 507 of which: usable 181 of which: unusable 326

First stage: Establishment of contact 181 Equal treatment without follow-up 9 Equal treatment with follow-up 117 Only the majority applicant is invited 41 Only the minority applicant is invited 14 Net discrimination against minority (41-14) 27 Net discrimination against minority in % (27/181x100) 14.9%

Second stage: Interview with both applicants 117 Equal treatment without follow-up 9 Equal treatment with follow-up 58 Only the majority applicant is invited 46 Only the minority applicant is invited 4 Net discrimination against minority (46-4) 42 Net cumulative discrimination (27+42) 69 Net discrimination against minority in % (69/181x100) 38.1%

Third stage: Job offer 9 Job offered to both applicants 3 Job offered to majority applicant only 4 Job offered to minority applicant only 2 Net discrimination against minority (4-2) 2 Net cumulative discrimination (69+2) 71

Critical rate of net discrimination (71/181x100) 39.2%

Critical rate of discrimination 14%

As might be expected in Flanders, a telephone call often developed into a veritable interview. This explains the fact that the emphasis was placed on the second stage. It is at that stage that discrimination is most clearly apparent (one is given a proper interview, whereas the other doesn't get the chance to open a discussion), thus limiting the number of cases in the third stage.

The first stage takes the form of a contact by telephone made in identical conditions by the two applicants. At the second stage, there is visual contact with the employer or a probing telephone conversation, which is, in fact, the equivalent of an interview. The third stage concerns a concrete job offer.

7.4. Calculation of the critical rate

The critical rate is the reliability threshold which must be reached if we are to be able to establish the reality of the phenomenon under consideration. In the present case, we use a threshold of 5% (= 0.05%, z = 1.96)

This produces the following calculation 52

The minimum rate of discrimination to be attained is therefore 14%, which means that above this level it can be established with certainty that discrimination is effective.

7.5. Validity test

Owing to the fact that we had to call upon more than four students (see Introduction), it was not possible to conduct test-P2 as prescribed in the Bovenkerk manual. Since 10 students in all took part in the survey, there remain too many open cells when we want to put them all in a table. We therefore merged a series of testers until we had only four "virtual" testers. This technique, which was recommended by the ILO, considers that one is dealing with four real testers, whether or not it is the same person in each case. This produces the following situation:

Tester "A" : Belgians 1, 3, 4, 6 Tester "B" : Belgians 2,5 Tester "C" : Moroccans 1, 4 Tester "D" : Moroccans 2, 3

Composition of pairs Number of valid files AC BC 76 29 AD BD 43 33

Discrimination observed Discrimination expected 31 12 29,792 11,368 9 19 16,856 12,936

This gives us a control value P2 of 6.58814, which means that this value is lower than the coefficient 7.811 and that there are no discrepancies between the different testers. The results, therefore, are not biased because one or other of the testers claimed to have been systematically subjected to a greater or lesser degree of discrimination.

7.6. Discrimination according to type of application

Table 7.4. Discrimination according to type of application

1 Coefficient corresponding to a threshold of 1.95 for three degrees of freedom : Wannacott, T.H. and R.J., Statistiques, Ed. Economica, Paris, 1991, 621-625. 53

Discrimination Spontaneous Not spontaneous Total Against the Belgian (1) 15 5 20 Equal treatment (2) 39 31 70 Against the Moroccan (3) 55 36 91 Total 109 72 181 Total in % 60.2 39.8 100 Net discrimination (3)-(1) 40 31 71 Net discrimination in % 36.7 43.1 39.2 Critical rate in % 18.8 23.1 14 P²= 2.41886; " = 0.29837

The fact the application was spontaneous (109 cases) or in response to an advertised vacancy (72 cases) had apparently little effect: the findings were not very different and were close to the general average. Even while the net result may appear slightly more important in the case of job advertisements, the relation is not significant. This discrepancy may well indicate that the spontaneous application is actually the more popular recruitment method.

7.7. Discrimination according to certain variables

7.7.1. Sector

Table 7.5. Discrimination by sector Discrimination Hotel and Retail trade Manufacturing Services Total catering Against the Belgian (1) 3 5 3 9 20 Equal treatment (2) 10 18 25 17 70 Against the Moroccan (3) 28 26 7 30 91 Total 41 49 35 56 181 Total in % 22.7 27.1 19.3 30.9 100 Net discrimination (3)-(1) 25 21 4 21 71 Net discrimination in % 60.9 42.8 11.4 37.5 39.2 Critical rate in % 30.6 28 33.1 26.2 14 P²= 24.16772; " = 0.00049

The breakdown by sector clearly demonstrates that instances of discrimination are considerably more numerous in the hotel and catering and retail trade sectors, and decidedly less frequent in manufacturing. Strictly speaking, however, it is not possible to determine the discrimination rate in manufacturing in view of the fact that the critical rate of 33.1% was not reached for this category. The result for the tertiary sector is more or less average. The trends are obvious, the disparities are very pronounced and statistically significant. 54

The total result was influenced by the high percentage in the hotel and catering sector. Bearing in mind that the number of tests conducted in this sector was greater than its relative weight on the job market, whereas, on the other hand, the manufacturing sector was under-represented in the survey, it might be thought that the total figure of 39.2% for net discrimination is somewhat overvalued.

It was therefore necessary to adjust the scores of the different sectors according to their actual weight in relation to the total volume of employment, on the basis of sectoral distribution according to number of male wage-earning manual workers, which corresponds best to the profile of our "candidates"1. Only the selected sectors have been taken into account. Services cover financial institutions and insurance companies as well as business services in the strict sense of the term, and also include transport. The adjustment was effected by making the proportion of each sector correspond with its weight in the population. It consists of simulating an equitable distribution of the number of tests. This weighting produces no effect on the overall result, nor does it alter discrimination by sector.

Table 7.6. Sectoral weighting of net discrimination in respect of male manual workers Sector % in % in the tests Weighting Net discrimination Weighted net Flanders factor in % discrimination in % Hotel and catering 6.6 23.0 0.28 60 Retail trade 14.4 25.8 1.79 41 Manufacturing 56.6 19.7 2.87 11 Services 22.3 31.5 0.71 37 Total 100 100 39 26.2

Sources for sectoral data: ONSS 1996; distribution of establishments and workers by sector of activity at 30 June 1995, male manual workers.

After weighting, total net discrimination comes to "no more than" 26.2% of the population concerned and for all sectors combined. This result is probably closer to the truth than the 39% that we had calculated before adjustment. In this case also, the critical rate of 14% is also markedly exceeded. It is important, however, to emphasize that the methodology applied was intended to establish whether or not we were dealing with a case of discrimination, but it was not possible to refine this datum. That is why it is particularly difficult to determine the precise scale of discrimination. The table nevertheless reveals a general trend.

7.7.2. Discrimination and visual contact

The extent of discrimination against applicants of foreign origin might well be connected with the fact that the post for which they are applying does or does not involve visual contact with the

1 The same could be done on the basis of the number of employers. 55 clientele. If the applicant is to have direct contact with the public, the employer might argue that, while he himself does not practise discrimination in hiring personnel, he fears that his customers may not accept a foreigner, and this could be bad for business. It was not always possible to establish with certainty whether a job involved contacts with customers or not: interpretation of this element is not always as obvious as the distinction between sales personnel and production workers. If need be, the distinction can be based on the job description as reflected in the tests themselves.

Table 7.7. Discrimination according to whether or nor there is contact with clientele Discrimination Contact No contact Total Against the Belgian (1) 10 10 20 Equal treatment (2) 24 46 70 Against the Moroccan (3) 50 41 91 Total 84 97 181 Total in % 46.4 53.6 100 Net discrimination (3)-(1) 40 31 71 Net discrimination in % 47.6 31.9 39.2 Critical rate in % 21.4 19.9 14 P²= 6.90632 ; " = 0.03165 ; Cramer's V = 0.19534

The (distinct) probability of discrimination is greater in the case of jobs involving contact with customers than in others. The affinity between these two elements is close and meaningful. A comparison with distribution by sector, however, reveals that it is also in the sectors where there is most discrimination that jobs involving contacts with the public are most prevalent. And yet, we observe cases of blatant discrimination in occupations in which there is not the slightest contact with customers.

7.7.3. Discrimination and the nature of the occupation

It is difficult to assess the nature of the function to be filled. Where the application is a spontaneous one, the type of job sought is generally indicated, but in the case of advertised job vacancies, it is not always possible to establish with certainty what the job actually involves. The teams drew up a list of functions, but this list is greatly dependent on the sector concerned, as we can see from Table 7.8. We therefore decided not to conduct a more exhaustive analysis by type of occupation.

Table 7.8. Distribution of functions by sector Discrimination Waiter Sales assistant Manual worker Other Total Against the Belgian (1) 3 7 9 1 20 Equal treatment (2) 9 14 41 6 70 Against the Moroccan (3) 27 26 28 10 91 Total 39 47 78 17 181 Total in % 21.5 26 43.1 9.4 100 Net discrimination (3)-(1) 24 19 19 9 71 Net discrimination nette in % 61.5 40.4 24.3 52.9 39.2 Critical rate in % 31.4 28.6 22.2 47.5 14 Expected value in % 15.3 18.4 30.5 6.6 P² = 218.21643; " = 0.0000; Cramer's V = 0.63799 56

Table 7.8. presents significant results and a strong relation between the variables "sector" and "function". The results of test P2 however require us to be cautious in our interpretation. We can nevertheless definitely conclude that the "sector" plays an important part in the expression of discrimination according to "occupation".

7.7.4. Type of contract

The type of contract (manual worker, clerical employee, self-employed) could be ascertained only in a limited number of cases, In fact, this element is rarely stated in job advertisements and, with spontaneous applications there is not always an opportunity to inquire into this matter. In most cases, one can only make an assumption based on the sector, which we decided not to do. For this would have led to our establishing a distribution based more on the sectoral variable (more cases of self-employed status in retail trade, more manual workers in manufacturing and more clerical employees in the services, etc.) than on the function variable. That is why this last variable was not examined.

7.8. Differential behaviour

Several teams that have conducted this survey in Belgium and elsewhere have observed differential and discriminatory behaviour, subtle or not so subtle, towards the minority applicants. In our case, such reactions were too few in number to allow a systematic classification. Discrimination was generally discreet and restrained. We did not observe a overt difference in behaviour, apart from on one occasion and indirectly:

The Belgian applicant telephones spontaneously B: Hello, my name is Philip Schepens and I am looking for work. You wouldn't perhaps need a storekeeper? E:Er, I don't know, I'll have to ask the boss. He's not here. Can you call back later?

The Moroccan applicant telephones spontaneously a few days later M:Hello, Fouad Zaminach speaking. I am calling to ask if you need storekeepers. E:I don't really know, the boss isn't here, but I know that he doesn't like hiring immigrants.

In fact, it transpired later that the immigrant applicant had been discriminated against by the employer. The survey on discrimination thus assumes a binary nature: one discriminates or one does not, without any further comment.

The survey manual suggests that objective, concrete experience of discrimination might have a harmful psychological effect on the Moroccan testers. They were observed and counselled discreetly throughout the procedure. In practice, however, the Belgian coordinator and testers suffered more from overt discrimination than did the Moroccans themselves, who had obviously learnt to handle this problem. The open expression of discrimination (compared with the experiences of other teams) no doubt also played a role. In Antwerp, people do not feel they have to tie themselves up in knots to cover up a discriminatory practice. The anger and frustration that this causes will often, fortunately, constitute a source of renewed motivation.

7.9. Conclusion 57

In all, 181 usable valid tests were conducted. Spontaneous applications outnumbered replies to job advertisements, but that did not make any appreciable difference.

Net discrimination came to 39.2 for our region. This figure was obtained by deducting instances of discrimination against the majority (Belgian) applicant from those involving the minority (Moroccan) applicant. This means that where a Belgian and a Moroccan applied to 100 different employers, there was a 39.2% probability that the Moroccan would not be admitted into the continuation of the selection process: 39.2% of employers do not open their enterprise to the Moroccan candidate.

This result must, nevertheless, be somewhat relativized. In the first place, it depends on the sector of activity: there is more discrimination in the hotel and catering and the tertiary sectors, whereas the rate of discrimination observed in manufacturing is too insignificant to be established with any certainty. An adjustment according to the respective weight of each sector in the aggregate of enterprises produces a lower level, 26.2%, which is still significant enough to make it possible to affirm statistically that discrimination is practised in respect of access to employment.

For this is a function of other factors, which, in certain cases, can be explained by the nature of the sector of activity. Thus, posts involving visual contact with clientele are more susceptible to discrimination than others. However, a more detailed analysis of these functions shows that the connection between the sector and the nature of the function is so close that no specific effect can be clearly discerned.

The way in which discrimination occurs is clearly distinguishable from what may have been observed in other regions of our country or in other countries. The Flemish, or Antwerp, employer will discriminate unreservedly, and we came across absolutely none of the sometimes amazing situations experienced elsewhere. Either one discriminates or one does not, but without bending over backwards to try to justify it: employers who do not want to hire a Moroccan reject him, and that is that.

In the final analysis, the principal finding of our survey is that there well and truly is discrimination in access to employment, based solely on the applicant's ethnic origin. This discrimination is practised by at least one in four employers, with considerably disparities according to sector of activity.

8. Results in the Brussels-Capital Region (Male teams)

8.1. Description of survey procedure

8.1.1. Selection of testers

The testers were selected mainly on the basis of the requirements of the situation test, which is a survey that demands a large measure of personal involvement, adaptability, self-possession and a good memory. Since they were on their own during interviews, they also needed to be totally honest and objective in their reporting. The selection was therefore made on the basis of 58 confidential personal relations and discussions so as to ensure that they had no conscious or unconscious intention of biasing the survey by adopting provocative attitudes.

Moreover, in order to avoid isolation and the negative effects of the discrimination to which they might be subjected, the testers met once a week together with the supervisor and, as often as possible, the director of the research centre, usually over a picnic, to share their impressions and express their amazement, if not their indignation, at often subtle and unsuspected discriminatory practices. We believe these meetings to have been very reassuring for our minority candidates, as the majority candidates displayed great solidarity and empathy towards their disadvantaged team-mates. The meetings also helped to place the events in context in the light of the research objective and to avoid such reactions as repression or provocativeness, which might bias the behaviour of the testers.

Finally, the teams of testers, together with their Walloon and Flemish counterparts, attended a seminar organized by the GRESP in Liège. During a meal with researchers from the three research centres, they had the opportunity of exchanging their experiences and also of participating in the establishment of criteria of differential treatment and behaviour, on the basis of a list drawn up by us.

8.1.2. Training of the candidates

This training was designed to meet the following objectives: to increase their vocational qualifications in certain fields and to strengthen their capacity to cope with the recruitment relationship to their own advantage. To this end, the candidates were, on the one hand, informed of the survey objective and the requirements necessary to attain it and, on the other hand, on the basis of specialized documentation, they were familiarized with the skills and qualifications required for certain types of employment (health care ancillary worker, sales assistant, receptionist, etc. ...).

With a view to applying for administrative functions, the candidates attended training sessions - for example, one given by an engineer of North African origin responsible for further-training workshops - on the use of computers and their specific applications (word-processing, data base, spreadsheet, in Windows, Mac, etc. ...).

With application for jobs as manual worker in mind, the testers, after having "ingested" the courses dispensed to students, spent a day on a building site, thanks to the collaboration of the director of the educational establishment that provided the training. They also attended a course, given by a lawyer working at FOREM (regional centre for training for employment), which covered the various hiring incentives, since the fact of fulfilling various conditions contained in employment promotion programmes is being increasingly demanded by employers.

With a view to standardizing and increasing their capacity to strengthen their case, the candidates took part in practical training sessions on the job interview, given by a specialist employed in an apprenticeship workshop. Using a video cassette, they could visualize and improve their attitudes. Contact with a private employment agency manager also familiarized them with the mechanics of the selection process. And before the second survey period started, our testers received proficiency courses in the second national language (Dutch), designed within a dynamic of conversation and reactivation of "linguistic passive", present but not often put to use. 59

Subsequent to these training courses, each candidate drafted about a dozen standard CVs, which could be modified, but used as a basis for presenting the educational history, required qualifications and experience, and hobbies, relating to each category of function aspired to. The personal particulars, education level and qualifications of each pair of candidates were absolutely equivalent without being entirely identical, so as not to arouse the suspicions of the prospective employer. To supply details of work experience, references to bankrupt firms (reported in the Moniteur belge) were included in the CVs. Before commencing the survey periods, the candidates prepared applications during two "pre-testing" weeks, to iron out initial difficulties.

8.1.3. The survey periods

The surveys were conducted during the months of February to May and October to December 1996. The interval, corresponding to annual vacations, coincided with the students' need to devote some time to their examinations, the holiday periods of many firms and also the testers' need to take a break, as the survey periods were very exhausting.

8.1.4. Difficulties encountered

The principal difficulties encountered, and fortunately overcome, arose from the large number of jobs applied for simultaneously, combined with the diversity of the profiles adopted by the testers in order to apply for different functions. Thus, when an employer unexpectedly telephoned applicants at their homes, the latter had to be careful to identify the caller as quickly as possible, so as not to give rise to doubts as to the suitability of their qualifications. This was no mean feat, where 20 new job advertisements had to be replied to each week! Moreover, while the parents were generally "in the know", they were not necessarily aware of all the operations in progress. However, by and large, few cases had to be suspended for these reasons, and with experience, our testers soon learned to say enough without saying too much, until they found their bearings, after having consulted their records.

One other difficulty which led to the suspension of several cases, arose from the employer's demand to see official academic certificates. Occasionally, the candidates would give some excuse such as having "left it with a grandparent who was living in some remote part of the Ardennes", but this did not always work. It is also necessary to be aware of the extremely sustained pace of the tests: dread of not getting an interview during the first morning soon gave way to a mastery of the art of juggling with agendas to find slots, which were both available and compatible with those of the employers and of the other tester, to go to interviews, arranged in every possible corner of Brussels.

The two extracts from test records quoted below illustrate the tenacity of the candidates of Moroccan origin in trying to land the job. 60

Young salesman

Applicant of Belgian origin Telephone 3.25 p.m. Mr X inquired about my age and experience. Then he explained that the job involved selling socks at the workplace. He asked if that would be a problem. I have an appointment for next Wednesday at 3.30 p.m.

Applicant of foreign origin 1st telephone call the same day at 2.30 p.m. I introduced myself to Mr. X and asked if the vacancy still existed. He had vacancies in Flanders only. They were all filled in the Walloon Region. I spoke in Dutch. I am to meet Mr. Y, who is in charge of the Flemish Region, in an hour's time.

2nd telephone call the same day at 3.30 p.m. (on the applicant's initiative) Mr. Y spoke to me in Dutch. He said that my Dutch was good but not good enough to sell his products. I asked if there were still vacancies in French-speaking region. He said he thought they were all taken. I asked him to call me again if there was a vacancy. I had the impression that the two gentlemen were one and the same person.

Kitchen hand

Belgian applicant Interview Mr. X explained the work to me. He didn't ask me any questions about my education. As for my experience, I said that I had experience in cold food (NB.: he was looking for a cook who would have to work with hot meals). He asked me about my motivation, because the kitchen didn't close until 1 a.m. At the end of the interview he asked if I would come for a trial on the following Friday. As regards wages, it should come to 45,000 BF half time, the other half would be paid "under the counter".

Applicant of foreign origin Interview He asked about my education. Then he described the job, he said that it was hard. A cook had to work in the heat. I told him I had 2 years' experience and I wasn't afraid of hard work. He asked other questions. Especially this one: when you chop vegetables do you put them in water and leave them while you are doing something else? I said the vegetables would lose their flavour. He seemed satisfied with my answer. He said he would call me back. As for wages, it was a half-time job, the other half would be "black". He promised to call me even 61

if the reply was negative.

8.2. Survey findings based on the situation test

8.2.1. Introductory remarks

In the Brussels-Capital Region there were C 384 case-files opened C 313 valid case-files C 255 usable valid case-files.

Thus 129 files had to be discarded, since their content was such that it was impossible to draw any solid conclusion as to the existence of differential or equivalent treatment. The criteria in respect of validity and usability were established meticulously by the three regional research teams, and it was on this basis that "usable valid case-files" were selected.1

Following the example of the surveys conducted in the other two regions of the country, discrimination was defined as any outcome of a recruitment procedure indicating that one applicant was selected by an employer while the other was rejected at some stage or other of the procedure.

The two examples below illustrate inequality of opportunity for applicants of Moroccan origin.

Mechanic

Applicant of Belgian origin Telephone I have an appointment for the following Wednesday morning. He asked about my experience. I said: at the Renault works. Then he asked me whether it was the Avenue du Port or the Londerzeel works. I said Avenue du Port. Then he gave me the appointment.

Applicant of foreign origin Telephone I got through to someone and explained my case. A gentleman asked me my qualifications. I told him I had worked at the Nissan and Ford garages. He asked me if I had ever worked on heavy goods vehicles. I said I had but that the majority of vehicles I had repaired were not HGVs. He said he needed someone with a lot of experience in this field; he had plenty of people with my sort of qualifications. He said you needed special training for lorries. So I didn't have the necessary qualifications.

1 See 5. Definitions and results analysis criteria 62

Cook

Applicant of Belgian origin Interview was interviewed by two people (one of them was the director of a convalescent home). The post of cook involved preparing meals for + 60 and 110 persons in a convalescent home. My lack of experience in an institution of this type did not seem to be a disadvantage. I was also questioned about my training. I am to start on a trial basis at 8.30 on Friday, with a white apron.

Applicant of foreign origin Interview I was interviewed by one person only, a woman. I was asked what training and experience I had had. I said that I had been working since 1992 in restaurants, holiday camps. She said that I hadn't a lot of experience. She was distant. I told her that I had already worked in holiday camps for youth centres. No promise.

Table 8.1. Results of situation tests for semi-skilled jobs 63

Case-files opened 384 Invalid case-files 71 Unusable valid case-files 58 Usable case-files 255

First stage: Establishment of contact 255 Equal treatment without follow-up 69 Equal treatment with follow-up 125 Only the majority applicant is invited 56 Only the minority applicant is invited 5 Net discrimination against the minority (56-5) 51 Net discrimination against the minority in % (20/255x100) 20%

Second stage: Interview with applicants 125 Equal treatment without follow-up 16 Equal treatment with follow-up 62 Only the majority applicant is invited 38 Only the minority applicant is invited 9 Net discrimination against the minority (68-39) 29 Cumulative net discrimination (51+29) 80 Net discrimination against the minority in % (80/255x100) 31.3%

Third stage: Job offer 62 No job offered 37 Job offered to both applicants 10 Job offered to majority applicant only 11 Job offered to minority applicant only 4 Net discrimination against the minority (11-4) 7 Cumulative net discrimination (80+7) 87

Net discrimination against the minority in % (87/255x100) 34.1%

Critical rate of net discrimination 12.2% 8.2.2. First stage, initial contact: presentation of applicants

During this first stage, applicants expressed, in a standard manner, their interest in the job to be filled. They naturally gave their own name, obviously not insisting on its Belgian or foreign connotation. Correct procedure was monitored either by the presence of the supervisor or a systematic recording of what the testers1 said. On completion of this first stage, the net discrimination rate was 20%.

8.2.3. Second stage, interviews with applicants: review of applicants' qualifications

During this stage, the applicants had an opportunity to exchange information concerning requirements for the job or qualifications demanded, during a prolonged telephone conversation, an interview, or by correspondence. In 38 cases, only the majority applicant was given a positive response, and in 9 cases, only the minority applicant was given a positive response. At the end of this stage, the cumulative net discrimination rate was 31.3% (51 + 29 / 255).

1 But not the employer, out of respect for the right of privacy. 64

8.2.4. Third stage: job offer: hiring decision

On completion of the 62 recruitment procedures leading to potential job offers, employment was offered to both the "majority" and the "minority" applicant in 10 cases. Differential treatment towards the applicant of Moroccan origin was observed in 11 cases.

At the end of the three stages of the recruitment procedure, a cumulative discrimination rate of 34.1% was registered. This figure is to be compared with the critical rate of net discrimination and the variables that proved to be the most relevant to the Brussels-Capital Region.

8.2.5. Calculation of the critical rate

The total number of usable observations came to 255. For a sample of this size, we must calculate the minimum net discrimination rate below which the hypothesis of discrimination must be rejected, with a 5% margin of error1. For a sample of size N = 255, the critical rate of net discrimination (CR) with a threshold of 5%, is calculated on the basis of the following equation:

where " is the standard unit of normal discrimination and 1.96 the Z value of a normal distribution at a significance level of 5%.

Thus, CR =

The critical rate is 12.2% in this case. The net discrimination rate registered having been 34.1%, it is therefore higher than the critical rate (12.2%). Discrimination against the Moroccan minority was thus manifested in the course of semi-skilled personnel recruitment procedures in the Brussels-Capital Region.

8.3. Independence test: discrimination and teams

So as to ensure that there is no dependence of findings in respect of the specific "performance" of each team, the test P2 was calculated on each team's test results.

We had three pairs of testers which we shall call AC, AD and BC. A and B represent testers of Moroccan origin, and C and D testers of Belgian origin. They dealt with 255 usable valid case- files.

Table 8.2. Discrimination and teams Discrimination Teams Against the Equal Against the Total Net Net discrimination Expected net Belgian treatment Moroccan discrimination in % discrimination (1) (2) (3) (3) - (1) AC 7 68 66 141 59 41.8 48.10

1 Bovenkerk, F. op. cit., p. 23. 65

AD 4 27 20 51 16 31.3 17.40 BC 7 37 19 63 12 19.0 21.49 Total 18 132 105 255 87 34.1 Total in % 7 52 41 100 P² calculated on the basis of net discrimination = 6.772897395 > 5.99 *; B = 003382071<0.05. P² calculated on the basis of each form of treatment (1), (2) et (3)= 6.322233 < 9.49**; B = 0.1763415 > 0.05. * = coefficient corresponding to two (3-1*2-1) degrees of freedom for a reliability threshold of 0.95. ** = coefficient corresponding to four (3-1*3-1) degrees of freedom for a reliability threshold of 0.95.

In 105 case-files out of 255, an applicant of Moroccan origin was treated less favourably than one of Belgian origin, and in 18, it was the Belgian that was treated unfavourably. There are thus 87 cases of net discrimination, or 34.1%, against the applicant of Moroccan origin. If each of the teams had registered a net discrimination rate identical to the average observed, each pair of testers would have had to obtain a net discrimination rate of 34.1%.

The expected net discrimination rate for a team is obtained by multiplying the number of case-files dealt with by this team by the average net discrimination rate observed for the three teams as a whole. The table below gives the number of tests carried out by each tester team, the number of cases of net discrimination for each tester pair (34% of case-files dealt with by each team) and the cases of net discrimination observed.

Composition of pairs Number of valid case-files AC BC AD 141 63 51

Net discrimination observed Net discrimination expected 59 12 16 48.1 21.49 17.40

The P² test to measure the disparity between the team performances and the critical divergence value, fixed at 5.99, was carried out according to the following formula1:

This value, while slightly higher than the critical divergence value (5.99), is significant. Thus, having checked the case-files one by one, we calculated the P2, not on net discrimination, but on the basic table, cross-referencing, on the one hand, the variable "discrimination" (3 modes: differential treatment towards the Belgian, equivalent treatment, and differential treatment towards the Moroccan) and on the other hand, the variable "team" (3 modes: teams AC, AD and BC). The analysis of this table brings us closer to the teams' activities. We thus avoid a possible bias

1 Coefficient corresponding to a reliability threshold of 1.95 for two degrees of freedom: Wannacott, T.H. and R.J., Statistiques, Ed, Economia, Paris, 1991, 621-625. 66 resulting from the assumption that unfavourable treatment of a Belgian will be the result of pure chance and, according to the suggested methodology1, we subtract them from the number of instances of differential treatment of the Moroccan.

This calculation was effected in accordance with the following formula:

This value is lower than 9.492 and is not significant.

There has therefore been no dependence between the teams and the aggregate of the different results (discrimination against the Belgian, against the Moroccan and equivalent treatment) of the recruitment procedures pursued.

8.4. Results in relation to certain variables and the concepts selected for presenting them

A detailed study of the survey results led to an analysis of the effect of several variables: nature of the job, sector of activity of the enterprise, requirement of visual contact with clientele, geographical location of the enterprise and nature of contact.

It was impossible to deal with variables relating to size of enterprise, type of firm, duration of contract, working hours systems, remuneration, working conditions, as over 40% of data relating to these variables was unavailable.

In the case of the variables selected, missing data were subtracted from the total of data analysed. This is why the total number of case-files analysed varies according to one variable or another. Where the data for an analysis category were insufficient, they were either combined, or presented for the purpose of illustration.

The concepts selected for reporting the results of the survey are as follows: - net discrimination is arrived at by subtracting the instances of differential treatment of the applicant of Belgian origin from instances of differential treatment of applicants of Moroccan origin; - the calculation of the critical rate makes is possible to check whether the discrimination rate observed in one specific category of analysis (e.g.: the hotel and catering sector) is higher than the critical rate; if this is so, discrimination is said to be "effective"; - the calculation of the "average net discrimination rate" for all case-files taken into account for a specific variable (e.g. "sectors") determine the net discrimination observed for an analysis category (e.g. the "non-commercial" sector) in relation to the average rate. This rate is a

1 Bovenkerk, F. op. cit.,"The method to measure discrimination is now to subtract the cases of unfavourable treatment of the majority tester from unfavourable treatment of the minority tester and so to arrive at a "net disparate treatment". The assumption underlying this method is that random events are cancelled out by the subtraction and that the residual accounts for systematic behaviour.

2 Coefficient corresponding to a reliability threshold of 0.95 and four degrees of freedom (3-1x3-1). 67

function of the number of data collected for a specific variable and varies therefore from one variable examined to another; - the calculation of the expected value is effected by multiplying the number of documents in a given analysis category (the case-files included in the hotel and catering sector) by the average net discrimination rate. It makes it possible to measure the average rate of discrimination by analysis category if each category has produced the same discrimination rate1; - the calculation of P2 enables us to check whether discrimination differs according to the variable examined; if that is the case, the divergence is said to be significant.

8.4.1. Discrimination and nature of occupation

Table 8.3. Teams and nature of occupation Occupations Teams Waiter Sales Clerical Manual Representative Other* Not known Total assistant personnel worker AC 25 18 22 41 24 10 1 141 AD 13 4 5 22 5 2 0 51 BC 17 11 7 19 8 1 0 63 Total 55 33 34 82 37 13 1 255

* including ancillary personnel (health, education).

The above table shows: - the overall distribution of case-files by nature of functions presenting a sufficient number of instances; - the fact that the three teams all applied for the different functions represented, which illustrates the versatility of the testers.

Table 8.4. Discrimination and nature of occupation Occupation Discrimination Waiter Sales Clerical Manual Representative Other* Total % assistant employee worker Discrimination against the Belgian (1) 44 2 4 7 0 2 18 7 Equal treatment (2) 20 21 22 43 17 9 132 52 Discrimination against the Moroccan (3) 31 10 9 32 20 1 104 51 Total 55 33 34 82 37 12 254 Total in % 12 13 13 32 14 5 100 100 Net discrimination (3)-(1) 27 8 6 25 20 - 1 86

1 Because of the need to present standardized tables conforming to those presented by the other two regions of the country, the expected values have been retranscribed below each table. 68

Net discrimination in % 49 24 17 30 54 - 8 34 Critical rate in % 26 34 33 21 32 57 12.3

* including ancillary personnel (health and education) P2 = 18.350836 > 11.07**; B = 0.00253737 < 0.05. ** = coefficient corresponding to 5 degrees of freedom for a reliability threshold of 0.95.

The expected value resulting from the application of the average net discrimination rate (34%) to the total number of case-files for each occupation is 18.6 for waiter, 11.17 for sales assistant, 11.51 for clerical employee, 27.76 for manual worker, 12.52 for representative and 4.06 for other occupations.

The conclusions to be drawn from the analysis of data collected in the Brussels-Capital Region are: - given the value of P2, the dependence of the discrimination rate in respect of occupations is confirmed from the point of view of statistical analysis; - the occupations of waiter, manual worker and representative present a higher discrimination rate than the critical rate; - discrimination was observed in a proportion higher than the average rate for the job of waiter 27 > 18.6) and representative 20 > 12.52, in a proportion sightly lower than the average for manual workers (25 < 27.76), in a proportion lower than the average rate for sales assistants (8 < 11.17) and considerably lower than the average for clerical employees (6 < 11.61).

8.4.2. Discrimination and sectors of activity

Table 8.5. Teams and sectors Sectors Teams Hotel and Retail Manufacturing Commercial* Non- Other** Not Total catering trade commercial known AC 26 55 11 14 11 15 9 141 AD 14 21 4 0 12 0 0 51 BC 15 29 1 1 13 3 1 63 Total 55 105 16 15 36 18 10 255

* Including banking and insurance. ** Public sector.

The above table illustrates: - the overall distribution of case-files by sector; the sizeable representation of the hotel and catering sector and above all retail trade corresponds to the predominance of vacancies for semi-skilled workers in these sectors in the Brussels-Capital Region; - the distribution of the different sectors surveyed by the three teams of testers; the teams regularly applied for jobs in sectors with a sufficient number of vacancies (hotel and catering, retail trade and non-commercial services).

Table 8.6. Discrimination and sectors Sector Discrimination HRC Retail Manufacturing Commercial Non- Other** Total % trade service* commercial service Discrimination against the 4 9 0 1 1 3 18 7.5 Belgian (1) Equal treatment (2) 19 59 6 9 22 13 128 52 69

Discrimination against the Moroccan (3) 32 37 10 5 13 2 99 40.5 Total 55 105 16 15 36 18 245 100 Total in % 22 43 7 6 15 7 100 Net discrimination (3)-(1) 28 28 10 4 12 -1 81 Net discrimination in % 51 26 62 26 33 18 33 Critical rate in % 26 19 49 51 33 46 12.5

* also including banks, insurance companies and credit institutions. ** also including the public sector. P2 = 19.1331344 >11.07***; B = 0.00181541 < 0.05 *** = coefficient corresponding to 5 degrees of freedom for a reliability threshold of 0.95.

The expected values resulting from the application of the average rate (34%) of net discrimination to the total number of case-files by sector are: 18.8 for the "Hotel and catering (HRC)" sector, 34.71 for "retail trade", 5.29 for "manufacturing", 4.96 for "commercial services", 11.9 for "non- commercial services" and 5.95 for other sectors.

The conclusions to be drawn from analysis of the data collected in the Brussels-Capital Region are: - given the value of P2, the dependence of the discrimination rate in respect of occupations is confirmed from the point of view of statistical analysis; - the three sectors most represented (HRC, retail trade and non-commercial services) present a higher discrimination rate than the critical rate; - discrimination was observed in a proportion higher than the average rate in the HRC sector (28> 18.8), a proportion very close to the average in the non-commercial services sector (12 and 11.9), and a considerably lower proportion than the average rate in the retail trade sector (28 < 34.71).

8.4.3. Discrimination and visual contact

Table 8.7. Discrimination and visual contact Visual contact Discrimination Yes No Total % Discrimination against the Belgian (1) 11 3 14 7.3 Equal treatment (2) 79 17 96 50.2 Discrimination against the Moroccan (3) 61 20 81 42.5 Total 151 40 191 100 Total in % 79 21 100 Net discrimination (3)-(1) 50 17 67 Net discrimination in % 33.1 42.5 35 Critical rate in % 16 31 14 P2 = 0.79621026 < 3. 84 *; B = 0.37276464 > 0.05 * = coefficient corresponding to 1 degree of freedom for a reliability threshold of 0.95.

The expected value resulting from the application of the average net discrimination rate (34%) to the total number of case-files for each category of jobs is 52.96 for jobs involving visual contact with clientele and 14.03 for jobs without such a requirement. We wondered whether the commonly accepted assertion that jobs involving contact with customers occasion more discrimination had been corroborated in the course of the testing.

The conclusions to be drawn from analysis of the data collected in the Brussels-Capital Region are: 70

- given the value of P2, the dependence of the discrimination rate in respect of the variable "visual contact" was not confirmed from the point of view of statistical analysis; - discrimination is effective whether there is visual contact or not; - discrimination was observed in a proportion higher than the average rate where the job did not involve visual contact (17 > 14.03) and in a proportion lower than the average rate where the job required visual contact with customers (50 < 52.96).

8.4.4. Discrimination and zone

Table 8.8. Teams and zones Teams Zones >25% foreigners < 25% foreigners Ex-regional Zone not known Total AC 50 28 16 47 141 AD 30 5 5 11 51 BC 34 10 8 11 63 Total 114 43 29 69 255

The above table shows us that all zones were explored by the three teams. The zones listed in the Brussels-Capital Region that concern us, where the proportion of foreigners is greater or less, respectively, than 25%, produced a total of 157 case-files (114 + 43), or 61.5% of cases.

The "ex-regional" zone came about as a result of recruitment procedures where, on the basis of a telephone number quoted in an advertisement in a Brussels newspaper, in which the applicant was informed that the firm's head office was located either in the province of Brabant (where the capital is situated), or in another province.

The zone is unknown where the contact established by the tester, either by telephone or through a newspaper, has not made it possible to locate the enterprise.

Table 8.9. Discrimination and zone Zones > 25% < 25% foreigners Discrimination foreigners Ex-regional Total % Discrimination against the Belgian 8 4 2 14 8 Equal treatment 62 23 16 101 54 Discrimination against the Moroccan 44 16 11 71 38 Total 114 43 29 186 100 Total in % 61 23 16 100 Net discrimination 36 12 9 57 Net discrimination in % 31 28 31 30.6 Critical rate in % 18 30 36 14 P2 = 0.13907505 < 5.99 *; B = 0.93282513 > 0.05. * = coefficient corresponding to 2 degrees of freedom for a reliability threshold of 0.95.

The expected value resulting from the application of the average net discrimination rate (30.6%) of the total number of case-files for each zone, is 34.9 for the zone with more than 25% foreigners, 13.2 for the zone with less than 25% foreigners and 8.9 for the "ex-Brussels Region".

The conclusions to be drawn from analysis of the data collected in the Brussels-Capital Region are: 71

- given the value of P2, the dependence of the discrimination rate in respect of regions with a greater or lesser concentration of foreigners is not confirmed from the point of view of statistical analysis; - the zone with an over 25% concentration of foreigners presents a discrimination rate higher than the critical rate. - discrimination was observed at a frequency very slightly greater than the average rate in the zone with a concentration of foreigners exceeding 25% (36> 34.9) and slightly lower than the average rate in zones with a concentration of foreigners of less than 25% (12 < 13.2)

8.4.5. Discrimination and type of contact

Table 8.10. Discrimination and type of contact Type of contact Discrimination Telephone Interview Correspondence Total % Discrimination against the Belgian (1) 8 4 6 18 7 Equal treatment (2) 69 24 39 132 52 Discrimination against the Moroccan (3) 59 22 24 105 41 Total 136 50 69 255 Total in % 53.3 19.6 27 100 Net discrimination (3)-(1) 51 18 18 87 Net discrimination in % 37.5 36 26 34.1 Critical rate in % 17 28 23 12.2 P2 = 1.81225637 < 5.99 * ; B = 0.40408575> 0.05. * = coefficient corresponding to 2 degrees of freedom for a reliability threshold of 0.95.

Does type of contact (telephone, interview, correspondence) between the worker candidates and the employer candidates give rise to a different rate of discrimination? The expected value resulting from the application of the average net discrimination rate (34.1%) to the total number of case-files by type of contact, is 46.4 for telephone contacts, 17 for interviews and 23.5 for contacts by correspondence.

The conclusions to be drawn from analysis of the data collected in the Brussels-Capital Region are: - given the value of P2, the dependence of the discrimination rate in respect of type of contact is not confirmed from the point of view of statistical analysis; - all types of contact present a discrimination rate higher than the critical rate. - discrimination was observed in a proportion higher than the average rate for contacts by telephone (51 > 46.4), at a frequency close to the average rate for interviews (18 and 17), and in a proportion lower than the average rate for contacts by correspondence (18 < 23.5)

8.5. Discrimination as an everyday experience: behaviour patterns

8.5.1. Identification of the different forms of differential behaviour; definitions and description

By behaviour we mean the different expressions of resistance mechanisms that may be brought into play by employers when confronted with applications from foreigners (Moroccans in this 72 instance). Two of the most frequent forms are distortion of the hiring procedure and false statements. Among the least frequent manifestations observed are imposition of different working conditions, adoption of particular attitudes and arguments based on national origin.

8.5.1.1. Distortion of recruitment procedure Distortion of the hiring procedure consists in applying, to the minority applicants, one or more changes in the hiring procedure, different from those intended for majority applicants, the effect of which is to compromise their chances of employment. Most of these types of behaviour were manifested on the occasion of the initial contact by telephone, mainly in the cases dealt with by the male team.

Distortion of the procedure took the following forms: - Application of additional or dissimilar conditions, the effect of which is to make them more difficult, without explicitly revealing an intention to reject the application: "Call back later" (but no positive follow-up to the later telephone call); an ostensibly encouraging condition is imposed: "Send me your CV" (but no suggestion of an interview or any reaction to the CV); "Come back with such-and-such a document"; "Make inquiries first at the Department of Social Security!"; the interview is fixed for an hour later: "either you come now or there's nothing doing"; the form to be filled out arrives after the deadline has expired. - additional or different vocational qualifications are demanded, with the effect of justifying "a priori" an implicit rejection of the application: "You must be able to speak and write perfectly in Dutch, English..." ; "Are you a smoker?"; Occasionally the minority applicant is treated to a dissuasive strategy, on the basis of an argument which, while it may not be "phoney", is, at least, very difficult to substantiate: "I'm warning you: the work is hard here: the inmates can be violent and will systematically sabotage your work ... Are you still interested?", where the majority applicant is told: "You'll see, it's a real pleasure to work here: the residents will give you a hand!" - wording of the application rejection, possibly justified by a specific condition, with the effect of concealing the real reason for the rebuff: "You don't have enough experience"; "You live too far away from the job"; or there is a promise, not honoured: "We'll contact you later" (this is the most common); a refusal to hire is justified (in writing) by an (in reality spurious) inadequacy of the applicant's diploma; a refusal to hire is communicated to the minority applicant only: there is no response to the CV sent in accordance with the advertisement; The minority applicant, as opposed to the majority applicant, is not placed on a reserve file.

8.5.1.2. The false statement The false statement consists in telling the minority applicant something about the vacancy, which is untrue, as can be seen from a comparison with what the majority applicant has been told, and which has the effect of excluding him from the job. Most of these types of behaviour are detected during the initial contact by telephone.

False statements tend to follow these patterns: - In most cases the statement has to do with the availability of thepost: "The job as been taken already"; "Someone we hired on a trial basis is doing the job to our entire satisfaction"; "It's not because you are an Arab, but we have had a lot of applications". - Sometimes, the allegation falsely refers to misinterpretation about a condition relating to the application: "We wanted a woman for this job". - Finally, if the application is rejected by letter, mention is made of a supposed fault on the part of the minority applicant: "Since you failed to turn up for the interview we had arranged, you 73

will understand that we can no longer consider your application". The minority applicant was never invited to any interview.

These latter examples, though rare, illustrate the range of pretexts that can be concocted by the employers.

8.5.1.3. Imposition of different working conditions Imposition of different working conditions involves offering the minority applicant a contract containing different terms from those offered to the majority applicant, with the effect of restricting his rights and increasing his obligations under such a contract.

This type of behaviour has been observed in particular during telephone contacts and interviews. The changes may concern remuneration, place of work, activity engaged in, working hours, etc.... These different conditions, imposed for the purpose of deterring the foreign applicant or of "getting the most out of him", include: - Less favourable working conditions: "The only vacancy remaining is for a job in the provinces", "The trial period will not be remunerated"; "You will not receive in-service training"; "Night work". - Working conditions implying a lower social status: "For work in the scullery"; "No contact with customers"; "For thankless, even unpleasant work"; working conditions that are unacceptable or illegal: "6 days a week, 12 hours a day, for a starvation wage (BF 25,000 to 30,000 a month)", whereas the majority applicant is offered: "4 to 5 days a week, 7 to 8 hours a day and a minimum of BF 40,000 a month.

8.5.1.4. Adoption of particular attitudes Particular attitudes are manifested by gestures, words, facial expression, or reservations, verbal or otherwise, directed at the minority applicant, with the effect of weakening the latter's position vis-à-vis the prospective employer.

The "job applicant" can find his position weakened by the unspoken or unwritten attitude of the prospective employer, even if this has no bearing on the hiring procedure. This type of discouragement can be expressed in the following ways: - Excessively distant behaviour: the applicant is kept waiting for a long time; no handshake, cold facial expression). - The attitude is sometimes contemptuous, if not downright rude: no greeting, no offer of a chair, interview repeatedly interrupted for the most trivial reasons, or it is extremely brief (no words exchanged). - Sometimes the behaviour is exaggeratedly paternalistic, over-familiar: this is the case when the applicant is addressed in the familiar second-person form and, generally speaking, treated with little consideration. - The conversation regularly returns to the subject of national origin: "What nationality are you?"; or, to a Belgian of foreign origin: "Oh, so you have become naturalized!"; "That's a foreign name, isn't it?" "Is your husband Moroccan or Belgian?" "Would you please spell your name (yet again)?"

8.5.1.5. Arguments based on ethnic origin An argument based on ethnic origin is an explicit, unequivocal refusal to employ the applicant because of his ethnic origin. Apparently, this type of behaviour is exceptional. A prospective 74 employer will very rarely tell the applicant bluntly that he does not intend to employ him because of his national origin. In one case, a prospective employer specifically told the minority applicant that "Bearing in mind my clients' expectations, you would most likely bring down my sales figures". In 96.1% of cases (101/105), differential behaviour was observed when the application file also showed differential treatment of the foreign applicant.

8.5.2. Analysis: cross-references with certain variables

In respect of qualitative data, the results concerning differential behaviour are mentioned as such and are not the object of a quantitative approach involving the calculation of "net discrimination"1 and P2.

8.5.2.1. Behaviour and teams

Table 8.11. Behaviour and teams Differential behaviour Teams Towards the Belgian Equal behaviour Towards the Moroccan Total AC 6 60 74 140 AD 8 21 20 49 BC 3 36 21 60 Total 17 117 115 249 Total in % 7 47 46 100

The figures contained in this table show that the applicants of Moroccan origin in each team were exposed to differential behaviour in a proportion not too far removed from the levels for equivalent behaviour, but in a considerably higher proportion than differential behaviour towards applicants of Belgian origin. In fact: - in 117 procedures out of 249, or 47% of cases, behaviour towards the applicants was equivalent; - in 115 procedures out of 249, or 46% of cases, the behaviour was unfavourable to the applicant of Moroccan origin; - in 17 procedures out of 249, or 7% of cases, there was unfavourable behaviour towards the applicant of Belgian origin.

8.5.2.2. Behaviour and discrimination

Table 8.12. Behaviour and discrimination Discrimination Against the Equal Against the Behaviour Belgian treatment Moroccan Total In % Differentiated towards the Belgian 9 8 0 17 7 Equal treatment 6 107 1 114 46 Differentiated towards the Moroccan 1 16 101 118 47 Total 16 131 102 249 100 Total in % 6.4 52.6 41 100

The above table shows us that, in the vast majority of cases (101/118), differential behaviour went hand in hand with differential treatment. In fact, the only case where the applicant of Moroccan

1 Besides, the question here is not, strictly speaking, about discrimination, since the differences are not regarded from the point of view of the end result of the hiring procedure. 75 origin got a better result than the applicant of Belgian origin was in a procedure where both candidates were called for interview for the post of waiter. After the interview, the applicant of Moroccan origin was taken on for a trial period on a fixed date, whereas the applicant of Belgian origin was only given a promise that he would be recontacted to arrange a date for a trial period, which, in the event, never took place. Differentiated behaviour was manifested by the difference in the working conditions specified to the testers: remuneration for the applicant of Belgian origin was fully declared, while half of that offered to the applicant of Moroccan origin was undeclared.

We can therefore consider that the result of the more favourable procedure in the case of the latter was "offset" by restrictions on his rights, which the prospective employer could well exploit. Among the 16 procedures where the treatment was equivalent, the following example illustrates the particular tenacity which applicants of foreign origin must show to withstand the discouraging attitudes with which they are confronted.

Cleaner

Applicant of Belgian origin Telephone, 3.50 p.m. I was told that the work was not unpleasant as the disabled persons helped with the cleaning, and the refectory was not enormous. Interview I was interviewed by two people. I was shown round the rooms. I was told that the disabled persons helped to keep them clean and tidy.

Applicant of foreign origin Telephone, the same day 3.30 p.m. I was told that it was a very difficult cleaning job, because it was in a home where the disabled patients made a terrible mess and you had to clean up again and again. I said that I had already worked with disabled persons, so that did not bother me. If, in spite of everything, I was still interested in the job, I could come for an interview.

Interview The lady continued to put me off by telling me that the disabled persons were aggressive and often came to blows.

8.5.2.3. Behaviour and occupation

Table 8.13. Behaviour and occupation Occupation

Behaviour Waiter Sales Clerical Manual Representative Other Total In % assistant employee worker

Differentiated towards the Belgian 3 1 3 7 1 2 17 7 Equal treatment 16 19 19 37 14 9 114 46 Differentiated towards the Moroccan 36 13 11 35 20 2 117 47 Total 55 33 33 79 35 13 248 100 Total in % 22 13 13 31 14 5 100 76

We see that differential behaviour was more frequent than equivalent behaviour for such posts as waiter and representative, less frequent than equivalent behaviour for the posts of sales assistant and clerical employee, and fairly close to equivalent behaviour of the post of manual worker.

8.5.2.4. Behaviour and sectors

Table 8.14. Behaviour and sectors Sectors

Behaviour HRC Retail Manufacturing Commercial Non-commercial Other Total In % trade Services Services Differentiated towards the Belgian 3 9 1 2 0 2 17 7 Equal treatment 15 50 4 6 21 14 110 46 Differentiated towards the Moroccan 37 42 11 6 14 2 112 47 Total 55 101 16 14 35 18 239 100 Total in % 23 42 6.5 6 15 7.5 100

We observe that differential behaviour was more prevalent than equivalent behaviour in the HRC and manufacturing sectors; less frequent than equivalent behaviour in retail trade and non- commercial services, and on the same level with equivalent behaviour for the commercial services sector.

8.5.2.5. Behaviour and visual contact

Table 8.15. Behaviour and visual contact Visual contact Behaviour Yes No Total In % Differentiated towards the Belgian 8 2 10 5 Equal treatment 69 15 84 45 Differentiated towards the Moroccan 70 23 93 50 Total 147 40 187 100 Total in % 79 21 100

We can see that differential behaviour was observed more frequently than equivalent behaviour when the job did not involve visual contact with customers (23 > 15) and almost equally frequently as equivalent behaviour when the post involved contact with customers (70 and 69).

8.5.2.6. Behaviour and zones

Table 8.16. Behaviour and zones Zones Behaviour With > 25% With < 25% Ex-regional Total In % concentration of concentration of foreigners foreigners Differentiated towards the Belgian 8 2 5 15 8 Equal treatment 56 21 9 86 48 Differentiated towards the Moroccan 47 19 13 79 44 Total 111 42 27 180 100 Total in % 61.6 23.3 15 100 77

We see that in each of the zones with more or less than 25% of foreigners, differential behaviour to the disadvantage of the applicant of foreign origin was slightly less frequent than equivalent behaviour.

8.5.3. Requirement of proficiency in the second language

It is usual, if not essential, today, in the Brussels Region, to require a job applicant to be proficient in two languages. Regardless of the cultural obstacle raised against certain minority applicants, we examined the question of whether this requirement constituted a discriminatory element. To this end, we observed the patterns typifying the requirement of proficiency in the second language and the outcome of the recruitment procedure for each of the applicants, before we isolated certain trends.

Of the 255 usable valid case-files, the requirement of proficiency in Dutch was mentioned 18 times. In all cases, the allochtonous and autochtonous applicants who applied had an equal proficiency in Dutch: sound basic knowledge and a refresher course.

At the end of the first testing period, we wanted to check whether the consolidation and reactivation of this basic Dutch, rarely used in the day-to-day life of the applicants, was likely to increase the employment chances of allochtonous job seekers. For this reason, an intensive training course in conversation and interview technique in Dutch was dispensed to all testers before the second testing period.

These methodological points having been raised, how were the autochtonous and allochtonous applicants confronted by this requirement and how did they fare? a. Statement of the requirement In the case of 18 hiring procedures, - Proficiency in Dutch was specifically required solely of the minority applicants in 11 cases. - Proficiency in Dutch was more emphatically demanded of the minority applicant in 3 cases. - Proficiency in Dutch was required of both applicants in 4 cases. b. Outcome of the procedure The majority applicant enjoyed an advantage in 9 cases only: 8 interviews and one job offer. - This latter was accorded in 6 case-files where the requirement of proficiency in Dutch was applied solely to the minority applicant and in 3 case files where this requirement was applied primarily to the minority applicant. - These advantages were observed 4 times during the first survey period and 5 times during the second.

In 6 of the cases, there was no positive follow-up in respect of either of the applicants. - This outcome was observed in 3 case-files where proficiency in Dutch was required of the minority applicant only, and in 3 files where the requirement of proficiency in Dutch was equivalent for both applicants. - It was observed 3 times during the first survey period and 3 times during the second.

A positive follow-up was given to each of the applicants in 2 cases: 1 interview and 1 job offer. - These were manifested in 2 case-files where the Dutch proficiency requirement was applied to the minority applicant only. 78

- They occurred during the second survey period, after the applicants had attended a refresher course in Dutch. A positive response was given to one minority applicant in the course of one procedure only1.

c. Trends While the sample size was limited so as to infer irrefutable conclusions, it is nevertheless possible, in an exploratory context, to identify certain trends which might be corroborated by a more detailed analysis. One cannot help being struck by the extent to which the requirement of proficiency in Dutch was applied in a discriminatory manner; in 14 cases out of 18, it was not equivalent.

It would also appear that, unlike the majority applicant, the minority applicant has no chance of getting the job without an "updated" proficiency in Dutch. On the other hand, while improved proficiency in the second language may sometimes make it possible to increase one's chances, equality of opportunity is still compromised by the inequality of opportunity implied in the demand for Dutch. These statements can be borne out by the fact that, in 18 procedures, proficiency in Dutch was mentioned 3 times to two of the Belgian applicants, and 4 times to the foreign applicant only. Moreover, the foreign applicant alone was once told that, to check his level of proficiency, "the interview would be conducted in Dutch".

8.5.4. Placement on a reserve file or waiting list

As an outcome of certain contacts, or hiring procedures involving several stages, the applicant was indeed accepted, but the job was refused because it was occupied for the moment, usually by a "person on a trial period". In this case, there was frequently an offer of employment in this job or its equivalent in a friend's enterprise. Was this as often the case with applicants of foreign and of Belgian origin?

Reference to the recruitment waiting list was made in 29 case-files. In 12 cases, a place on this waiting list was offered to the applicant of Belgian origin, while access to employment was refused to the applicant of Moroccan origin. In 9 cases, it was offered to the latter only. But the job was declared to be closed, in such cases, to the applicant of Belgian origin in 6 cases only; in 2 other procedures, he was called for interview and, in one other case, it was suggested that he should contact the prospective employer at a later date. In 8 cases, each of the applicants was offered a place on the waiting list.

8.5.5. "On the spot situations": extract from surveys

Wanted, a

Kitchen hand

1 It was detected in one case-file where the requirement of proficiency in Dutch was the same for both applicants. It was observed during the second survey period, after a Dutch language refresher course had been provided. 79

Applicant of Belgian origin Telephone 1 The person in charge would contact me again; there were a lot of other applicants. He was interested in my experience (Quick GB + caterer); however, Molenbeck seemed to him to be a long way from Zaventem. Telephone 2 Second contact by the applicant of Belgian origin. After a long discussion, he was looking for someone with experience as a pastry cook. The wage offered was between 36 and 40,000 according to experience. Still, if a colleague of his was looking for a kitchen hand he offered to contact me and noted my particulars.

Applicant of foreign origin Telephone He told me that I would have to work between 12 and 15 hours a day, 6 day a week, and would be paid BF 30,000 a month. He asked me my nationality. I said Belgian. He asked about my origin, then he said I didn't have much experience (I had actually worked for a year at MEDO + various temporary jobs + banquets...) and he asked me the name of my cookery teacher. In fact, he asked me a lot of questions in order to tell me that I was not suitable since I was asking for BF 35,000.

Differential behaviour in the following extract is illustrated by the imposition of different working conditions.

Assistant waiter

Applicant of Belgian origin Telephone at 10.30 a.m. I get an appointment

Applicant of foreign origin Telephone on the same day, at 10.16 a.m. The gentleman said that, while he would not hire me, it was not because I was an Arab (he was a foreigner himself) but because there were many other applicants. I gave him my particulars, saying that if the others were not suitable, he could always call me back.

The differential behaviour illustrated in the above example, upheld, moreover, by a complete absence of racial prejudice, is both a form of distortion of the procedure and adoption of a particular attitude.

Mechanic/fitter

Applicant of Belgian origin Telephone 1 The person in charge asked me my age, civil state and nationality. It was a firm that dealt with tyres, fitting and mounting. I should have to be able to do arc welding. The job required manual work + diagram reading + possibility of travelling in Northern France. The person in charge said he would contact me later. 80

Telephone 2 I am called for an interview.

Applicant of foreign origin Telephone The person in charge asked what schooling I had had, what experience, whether I could draw. Would I mind working at weekends, what my nationality was. Whether I smoked. He would discuss it with the boss and contact me again within 48 hours. No follow-up.

The differential behaviour illustrated in this extract is distortion of procedure.

Electronics technician

Applicant of Belgian origin Telephone 1, 10.05 a.m. I left them my name and particulars. I was told I would be contacted later in the day. Telephone 2 I was told that the boss would be seeing the applicants next week. Telephone 3 No decision had yet been reached by the boss, who was taking an inordinately long time over the procedure. Telephone 4 A lady telephoned me at my home to arrange an interview.

Applicant of foreign origin Telephone, the same day, at 10 a.m. Post already taken.

The differential behaviour here is the false statement.

Sales assistant

Applicant of Belgian origin Telephone The manageress asked me if I knew much about cheese. I assumed that they told new employees what the job involved. She then explained that it was a question of knowing cheeses, that was all, and suggested that I should come along and see her the following day.

Applicant of foreign origin Telephone 81

I was asked if I had any experience in cheeses, I said that I had worked in many sales sectors, but the employer asked me to talk about Cabron cheese (a variety I did not know), then he explained that he often had problems with his apprentices, who tended to leave as soon as they had learned what needed to be learned, and that was why he was looking for someone with experience. I told him that I was a fast learner. No follow-up.

The differential behaviour illustrated by the above example is another form of distortion of the procedure: the qualifications demanded for the job were, in fact, higher for the applicant of foreign origin.

Waiter, cook

Applicant of Belgian origin Interview The questions by the person in charge concerned studies: the CERIA; various experiences: the Quick, GB and the Falstaff. He then insisted on punctuality and endurance in the job. He also explained the system he applied concerning reimbursements for meals and drinks. The person he would like to hire would have to be presentable enough to be seen in the dining-room! Telephone 4 days later Hired for a trial period for dining-room or kitchen

Applicant of foreign origin Interview (on the same day) He insisted a lot on my references, wanting to know whether he could contact my previous employers. He asked me my nationality. I said I was Belgian. He asked about my origin. He told me openly that I would not be working in the dining-room because that would be bad for business (because of the customers, he said). He told me that he searched bags to see if anything had been stolen. He told me that if he were to hire me it would only be for work in the kitchen.

Telephone 4 days later Hired on a trial basis for kitchen work.

The differential behaviour in this case consists in a form of reasoning based on the applicant's foreign origin, considered as being bad for business.

8.6. Conclusions

C Discrimination is effective. In the Brussels-Capital Region, discrimination in access to semi-skilled jobs for young persons of Moroccan origin is effective on the basis of the situation test methodology. In fact, the net discrimination rate of 34.1% is considerably higher than the critical rate of 12.2%, calculated on sample size.

More specifically, effective discrimination was detected in each of the situations listed below: 82

- for jobs as waiter, representative and manual worker; - in the hotel and catering (HRC), retail trade and non-commercial services sector; - whether or not the jobs involved visual contact with the public; - in areas with over 25% foreigners; - whatever the form of contact (telephone, correspondence, interview) established by the applicant.

C The risk of discrimination may be increased. Among the different situations of effective discrimination, the applicant of foreign origin is in greater danger of discrimination if he applies: - for a job as waiter or representative - in the HRC sector.

C Differential behaviour. Independently of the differentiated forms of treatment described above, we were able to identify certain types of behaviour that betrayed a resistance on the part of prospective employers when confronted by an applicant of foreign origin. Distortion of the procedure and false statements were the most frequent expressions of such attitudes.

The discretionary requirement of bilingualism and the placing of the applicant on a reserve list illustrate the subtle strategies applied to turn down, indirectly, young applicants of foreign origin with the same qualifications as young Belgian applicants for semi-skilled jobs.

Differential behaviour is often a preliminary to differential treatment.

9. Results in the Brussels-Capital Region (Women's teams)

9.1. Context: The labour market in Brussels and Belgian and foreign women workers

While the variable selected for reasons of international comparability is the male gender, it seemed appropriate, bearing in mind women's employment trends in the Brussels region, to replicate the research with surveys conducted concurrently by a women's team. In fact, women's gainful employment in the Brussels region increased from 224,271 in 1981 to 251,055 in 1991 (+ 11.9%), while during the same period men's employment dropped from 345,982 to 325,351 (- 6%)1.

The foreign active population in the Brussels region in 1991 comprised 42,502 male workers (of the 141,308 men forming the male population of foreign origin) and 23,189 women workers (of the 130,279 women making up the female population of foreign origin).

1 Kumps, A.M. and Taymans, M., L'emploi des Bruxellois et l'emploi dans la région de Bruxelles-Capitale, Dossier Brès No. 15, 1993, p. 24. 83

Foreign women workers account for 16.9% (23,189/136,850) of all women workers in the Brussels region, whereas this proportion is 6.8% (29,485/433,504) in Wallonia and 2% (17,753/883,941) in Flanders (Tables 9.1. and 9.2).

Table 9.1. Distribution of the employed active population by gender (1991) Regions Workers Brussels Wallonia Flanders Kingdom Men 168,227 55.2% 657,107 60.3% 1,372,074 60.9% 2,197,408 60.2% Women 136,850 44.8% 433,504 39.7% 883,941 39.1% 1,454,295 39.8% Total 305,077 100.0% 1,090,611 100.0% 2,256,015 100.0% 3,651,703 100.0%

Source: INS - Recensement de la population et des logements, 1991, Table 00.55 AM, F and T.

Table 9.2. Distribution of workers of foreign nationality by gender (1991) Regions Workers of foreign nationality Brussels Wallonia Flanders Kingdom Men 42,502 64.7 % 77,476 72.4 % 57,047 76.3 % 177,025 71.5 % Women 23,189 35.3 % 29,485 27.6 % 17,753 23.7 % 70,427 28.5 % Total 65,691 100.0% 106,961 100.0% 74,800 100.0 % 247,452 100.0%

Source: INS - Recensement de la population et des logements, 1991, Table 00.58 BM, BF and BT. The foreign active population aged 20 to 24 represented 4,206 units, out of a total of 42,502 male foreign workers (9.9%), and 3.344 units out of a total of 23,189 female foreign workers (14.4%)1. Foreign women workers are numerically fewer than their male counterparts, but the proportion of young foreign women workers is higher than that of young male foreign workers in relation to the aggregate foreign active population of their gender.

These figures bear out the findings of a longitudinal survey conducted at the ULB, which indicated that the proportion of wage-earning women is higher in Brussels than in the other regions, and that women account for over 50% of paid employment. This survey also revealed trends among young women of immigrant parentage, which might explain their increased representation among young foreign workers. It would also appear from the survey that the specific difficulties associated with entry onto the labour market, by reason of their gender and foreigner status, are being progressively overcome by the new generation of immigrant girls. These latter, unlike their brothers, seem to have a better appreciation of the need for a sound education to qualify them for employment2.

This complementary variable made it possible, at the end of the research, to evaluate the relevance of: - on the one hand, comparing, within the framework of a broader survey, the rates and types of discrimination practised in respect of women and men of Moroccan origin, - on the other hand, when men and women apply for the same job, of checking the relative prominence of discrimination on grounds of national origin and discrimination on grounds of gender.

1 Source: INS - Population and housing census, 1991.

2 Desmarez, P., Ouali, N., Réa, A. and Van Heerswinghels, A. Scolarity et insertion professionnelle des femmes dans la région de Bruxelles-Capitale, Centre de sociologie et d'économie régionale, in Knibiehler, Y. and Gubin, E., Les femmes dans la ville. Un enjeu pour l'Europe?, Brussels, Ed. Labor, 1993, pp. 59, 77 and 78. 84

9.2. Findings of the teams of women testers in the Brussels-Capital Region

The usable valid tests conducted by the women testers' teams will be presented in exactly the same manner as those of the men's teams. We would refer the reader to the section of this report that covers definitions of the terms used (critical rate, average rate, expected value, etc), and for all accounts of the selection and training of women testers, survey periods and the difficulties encountered in the tests, since the men's and women's teams received the same training, conducted the same surveys at the same periods, and encountered the same initial difficulties.

In this "feminine" section of the presentation of the findings for the Brussels-Capital Region, we shall begin by showing the table of results on the basis of the three stages defined in the standard ILO research methodology developed by Bovenkerk; then we shall describe the results of the independence test and suggest certain cross-referencings of variables. Finally, we shall discuss a qualitative point relating to behaviour patterns manifested by employers vis-à-vis the applicants.

9.2.1. Findings of survey conducted on the basis of situation tests

In the Brussels-Capital Region, 234 of the 340 case-files opened were considered to be valid and usable. There were therefore 106 case-files in all which had to be discarded, because no sound, objective conclusion could be drawn from them in respect of differential or equivalent treatment1.

Table 9.3. Results of situation testing for semi-skilled jobs

1 The validity and usability criteria were established meticulously by the three regional research teams and it is on this basis that usable valid case-files were selected: supra, 5. 85

Case-files opened 340 Invalid case-files 62 Unusable valid case-files 44 Usable case-files 234

First stage: establishment of contact 234 Equal treatment without follow-up 57 Equal treatment with follow-up 148 The majority applicant only is invited 28 The minority applicant only is invited 1 Net discrimination against minority (28-1) 27 Net discrimination against minority in % (27/234x100) 11.5%

Second stage: interview with applicants 148 Equal treatment without follow-up 77 Equal treatment with follow-up 48 Only the majority applicant is considered for the job 19 Only the minority applicant is considered for the job 4 Net discrimination against minority (19-4) 15 Cumulative net discrimination (27+15) 42 Net discrimination against minority in % (42/234x100) 17.9%

Third stage: job offer 48 No job offered 16 Job offered to both applicants 24 Job offered to majority applicant only 7 Job offered to minority applicant only 1 Net discrimination against minority (7-1) 6 Cumulative net discrimination (42 + 6) 48

Net discrimination against minority in % (48/234x100) 20.5%

Critical rate of net discrimination 12.8%

We can see therefore that most instances of differential treatment of the minority applicant occurred when the applicants stated their identity, without any consideration given to their vocational skills: in fact, out of 234 usable valid case-files, there was a total of 27 cases of net discrimination against the minority in Stage 1, 15 in stage 2 and only 6 in stage 3. The cumulative net discrimination rate, that is to say once the number of instances of differential treatment of majority applicant is deducted, is 20.5% higher, therefore, than the critical rate of 12.8%. Discrimination in access to employment in the case of young women of Moroccan origin is therefore effective in the Brussels-Capital Region.

The example quoted below illustrates one of the 29 cases where the applicant of foreign origin was rejected on the first contact.

Marketing agent 86

Applicant of Belgian origin Telephone The person I spoke to started off by saying that they had stopped recruiting. However, since there had not been many applications from the Brussels area, he was still interested. I had an interview on the following day. Interview They described the work: taking photographs in maternity clinics and then recontacting the mothers (with a view to compiling albums, etc...). I was questioned on the subject of language. I said: "My Dutch is fairly average". I was told: "you can always learn". Outcome: Hired on a half-time basis, with a probationary period of 6 months and a fixed wage plus commission.

Applicant of foreign origin Telephone, on the same day as the applicant of Belgian origin Job already taken.

9.2.2. Independence test: discrimination and teams

We had two teams of women testers, which we shall call EF and FG. F stands for the tester of Moroccan origin and E and G the testers of Belgian origin. They dealt with 234 valid and usable case-files.

Table 9.4. Discrimination and teams Teams Treatment E - F F - G Total In % Discrimination against the Belgian (1) 4 2 6 2.5 Equal treatment (2) 93 81 174 74.3 Discrimination against the Moroccan (3) 39 15 54 23 Total 136 98 234 100 Total in % 58.1 41.8 100 Net discrimination (3)-(1) 35 13 48 Net discrimination in % 25.7 13.2 20.5 Critical rate in % 16.8 19.8 12.8 Expected value 27.897 20.102 P2 = 4.3177 > 3.84 *; B = 0.0377 < 0.05. * = coefficient corresponding to 1 degree of freedom for a reliability threshold of 0.95.

The above table shows us that there were 48 cases of net discrimination (20.5%) against the applicant of Moroccan origin. Ideally, each pair of testers should arrive at a net discrimination rate of 20.5%. We subsequently conducted the P2 test as a function of net discrimination. If the P2 value is higher than 3.84, which corresponds to the critical value of divergence between the expected results and those observed, with an accepted 5% error, the distribution is biased by the performance of one or more tester teams.

P2 = 4.3177 > 3.84

There was, therefore, to our great surprise, a significant disparity between the findings of each team. In order to come closer to the teams' activity, we calculated P2 on the basis of the results of the three forms of treatment observed:

P2 = 6.15222296 > 3.84 87

Here too, the disparity was significant.

Advancing further in our study, we analysed P2 on the basis of the different forms of treatment, with the following results: P2 on the basis of differential treatment of the Belgian applicant: P2 = 0.18007203 < 3.84 B = 0.67131135> 0.05 P2 on the basis of equivalent treatment P2 = 1.55993604 < 3.84 B = 0.21167468 > 0.05 P2 on the basis of differential treatment of the Moroccan applicant P2 = 4.41221489 > 3.84 B = 0.03568249 < 0.05

From these three tests, it would appear that the only form of treatment where the disparity remains significant is in the treatment of the foreign applicant, which is all the more surprising as the tester of Moroccan origin was the same throughout the survey1. And her behaviour, correctly supervised, was identical throughout the two survey periods. We therefore tried to ascertain whether the causes of this disparity could be explained on the basis of other variables. a. Survey periods Bearing in mind the drop in discrimination rates of 12.5 points (25.7% - 13.2%) in the second survey period (from 15 October to 15 December 1996) in relation to the first survey period (from February to May 1996), we wondered whether a reason unconnected with the tests might not have influenced the discrimination rates between the two periods.

This question would appear to be all the more relevant because the male tester teams also registered a drop of 17.3 points in the discrimination rate during the same period. The most striking fact was the increasing popularity of Nabela Benaïssa, elder sister of Loubna, who had been kidnapped and murdered in Brussels, and the discovery of whose body was one element in the demonstrations already being conducted after the kidnapping and murder of young Belgian girls.

Could the repeated media appeals by Nabela, representing her family and her dead sister, copiously reported in the printed press, have had the effect of mitigating certain manifestations of instinctive racism, by promoting a more positive perception of the immigrant population? This is what we think2, but this "Loubna effect" is obviously only one hypothesis, the impact of which is not measurable, and which we could not corroborate within the framework of our research. b. Sectors of activity of enterprises and occupations

1 Which was not the case with the tester of Belgian origin.

2 To this effect: the following extracts from The Bulletin, 17 April 1997: "For Gahouchi, Nabela is less a symbol of integration than of a new universal citizenship;...(...) the suffering of the Benaïssa family has an effect similar to that of the country's worst mining accident in 1956, when 262 miners died in Marcinelle, Charleroi, many of them Italian. Suddenly Belgians realized how much Italian immigrants had contributed to their country: foreign or not, they are part of Belgian history. Many young women of Moroccan origin admire Nabela: "She has given us a positive image". 88

We then tried to ascertain whether a separate distribution of sectors and occupations between teams might also explain this discrepancy. The number of instances was insufficient to enable us to draw sound conclusions. We cannot, however, exclude the hypothesis that the different distribution between teams of the case-files opened for each of the six sectors and for each of the six occupations might also distort the results of the survey periods.

9.2.3. Cross-referencing with several variables1

9.2.3.1. Discrimination and occupation

Table 9.5. Discrimination and occupation Type of occupation Discrimination Waitress Sales Office Ancillary Representative Other* Total In % assistant worker Discrimination against the Belgian (1) 1 0 0 1 3 1 6 2.5 Equal treatment (2) 25 32 62 21 20 14 174 74.3 Discrimination against the Moroccan (3) 8 11 17 8 4 6 54 23.2 Total 34 43 79 30 27 21 234 100 Total in % 14.5 18.3 33.7 12.8 11.5 8.9 100 Net discrimination (3)-(1) 7 11 17 7 1 5 48 Net discrimination in % 20.5 25.5 21.5 23.3 3.7 23.8 20.5 Critical rate in % 33.6 29.9 22 35.8 37.7 42.7 12.8

* also including manual worker P2 = 4.52 < 11.07 **; B = 0.47 > 0.05. ** = coefficient corresponding to 5 degrees of freedom for a reliability threshold of 0.95.

The expected value resulting from the application of the average net discrimination rate (20.5%) to the total number of case-files for each occupation, is 6.97 for waitress, 8.82 for office worker, 6.25 for ancillary worker, 5.53 for representative and 4.3 for other occupations.

The conclusions drawn from the analysis of the data collected in the Brussels-Capital Region are: - given the value of P2, the dependence of the discrimination rate in respect of occupations is not confirmed from the point of view of statistical analysis; - Only the occupation of office worker presents a discrimination rate approaching the critical rate; - discrimination was observed in a proportion close to the average rate for the occupations of sales assistant (11 > 8.82), office worker (17 > 16.2) and ancillary (7 > 6.15), in a proportion identical to the average rate for the occupation of waitress (7 and 6.97) and in a proportion lower than the average rate for the occupation of representative 1 < 5.5).

9.2.3.2. Discrimination and sector

Table 9.6. Discrimination and sectors Sectors Non- Commercial Discrimination HRC Retrail trade commercial services* Other** Total In %

1 Definition of terms (net discrimination, critical rate, expected value, average rate): supra 5 and 8. 89

Discrimination against the Belgian (1) 1 2 1 1 0 6 2.6 Equal treatment (2) 27 78 29 16 16 174 77.3 Discrimination against the Moroccan (3) 12 23 9 7 3 54 24 Total 40 103 39 25 19 225 100 Total in % 17.7 45.7 17.3 11.1 8.4 100 Net discrimination (3)-(1) 11 21 8 6 3 49 Net discrimination in % 27.5 20.3 20.5 24 15.7 21.80 Critical rate in % 31 19.3 31.4 39.2 45 13.1

* including banking and insurance ** including manufacturing P2 = 1.09092535 < 9.49 ***; p = 0.89570932 > 0.05. *** = coefficient corresponding to 4 degrees of freedom for a reliability threshold of 0.95.

The expected values resulting from the application of the average rate (21.8%) of net discrimination to the total number of case-files by sector are: 8.7 for the hotel and catering (HRC) sector, 22.4 for "retail trade", 8.5 for "non-commercial services, 5.4 for "commercial services" and 4.1 for other sectors.

The conclusions to be drawn from analysis of the data collected in the Brussels-Capital Region are: - given the value of P2, the dependence of the discrimination rate in respect of sectors is not confirmed from the point of view of statistical analysis; - only the retail trade sector presents a higher discrimination rate than the critical rate; - the greatest degree of discrimination was observed in the HRC sector (11> 8.7) and commercial services (6 > 5.4), with a frequency close to the average rate, but nevertheless slightly lower, in the retail trade (21 < 22.4) and non-commercial services (8< 8.5).

9.2.3.3. Discrimination and visual contact

Table 9.7. Discrimination and visual contact Visual contact Discrimination Yes No Total In % Discrimination against the Belgian (1) 5 0 5 2.9 Equal treatment (2) 109 15 124 73.8 Discrimination against the Moroccan (3) 36 3 39 23.2 Total 150 18 168 100 Total in % 89.2 10.7 100 Net discrimination (3)-(1) 31 3 34 Net discrimination in % 20.6 16.6 20.2 Critical rate in % 16 46.2 15.1 P2 = 0.12705882 < 3.84 *; p = 0.72150127 > 0.05. * = coefficient corresponding to 1 degree of freedom for a reliability threshold of 0.95. 90

The expected value resulting from the application of the average net discrimination rate (20.2%) to the total number of case-files for each category of jobs is 30 for jobs involving visual contact with customers and 3.6 for jobs without such a requirement.

The conclusions to be drawn from analysis of the data collected in the Brussels-Capital Region are: - given the value of P2, the dependence of the discrimination rate in respect of the variable "visual contact" was not confirmed from the point of view of statistical analysis; - discrimination is effective where there is visual contact; - discrimination was observed in a proportion slightly higher than the average rate where the job involved visual contact (31 > 30); and in a proportion slightly lower than the average rate where the job did not require visual contact with customers (3 < 3.6).

9.2.4. Discrimination as an everyday experience: behaviour patterns

Let us now examine the behaviour patterns displayed by employers towards our women testers. By behaviour we mean the different expressions of resistance mechanisms that may be brought into play by employers when confronted with applicants of foreign ethnic origin. We shall not concern ourselves here with the quantitative results (expressed in net rates) obtained by each tester for a given case-file. We shall examine whether the employer displayed a particular type of behaviour towards one of the testers during the recruitment procedure. Thus we have equivalent behaviour (the employer behaved in a similar manner with each tester), differential behaviour towards the applicant of foreign origin and differential behaviour towards the Belgian applicant.

The following categories were established1: - the false statement; - distortion of the procedure; - imposition of different working conditions;

- adoption of particular attitudes; - reasoning on the basis of ethnic origin.

9.2.4.1. Presentation of the different forms of differential behaviour In the course of the surveys we were able to identify several signs expressing the employer's attitudes towards the applicants. The results are as follows:

Table 9.8. Type of contact and behaviour Type of behaviour Distortion of Type of contact procedure False statement Different behaviour Total In % Telephone 21 12 2 35 46 Interview 11 1 1 13 17.2 Correspondence 28 - - 28 36.8 Total 60 13 3 76* 100 Total in % 78.9 17.1 3.9 100

1 For the content of these categories, see supra, 8.5. 91

* For the present analysis of forms of differential behaviour in respect of foreign female applicants, we assume that one case-file may contain several forms of differential behaviour. For example, where the number of cases examined is 68, we give a total of 76 contacts during which differential behaviour against foreign female applicants was observed.

Differential behaviour towards the applicant of foreign origin occurred in the majority of cases (46%) in the course of telephone contacts, followed by contacts by correspondence - usually submission of a curriculum vitae without a follow-up - (36.8%) and, lastly, during interviews (17.2%). The most common form of differential behaviour towards the applicant of foreign origin is distortion of the procedure (78.9%), which occurred in 27.6% of telephone contacts (21/76), 14.4% during interviews (11/76) and 36.8% in correspondence (28/76).

The false statement is the second most common form of differential behaviour towards the applicant of foreign origin (17.1%) ... but far behind distortion of procedure.

A detailed representation of differential behaviour patterns towards the applicant of foreign origin takes the following form:

Distortion of procedure Telephone Interview Correspondence "We'll call you back" 4 - - No reserve list 5 3 1 Different result 2 4 1 Linguistic requirements 4 - - Final rejection 1 - 7 No follow-up to 1st call (answering machine) 1 - - No follow-up to CV 1 - - 17 No follow-up to CV 2 - - 2 Application forms received too late 1 - - Employer absent - 1 - Discouragement - 1 - Lack of experience 1 - - Insistence on interview 2 2 -

False statements Telephone Interview Correspondence “Job taken” 10 - - “Too many applicants” 1 - - False explanations 1 1 -

The most common distortion of procedure occurred when an applicant sent in a curriculum vitae as specified in the job advertisement and received no reply from the employer (17 out of 60 = 28.3%). The most frequent false statement to an applicant of foreign origin was that the job had already been taken (10 out of 13 = 76.9%).

9.2.4.2. Behaviour and teams

Table 9.9. Behaviour and teams Teams Behaviour E - F F - G Total In % Differentiated towards the Belgian 3 5 8 3.5 Equal treatment 79 72 151 66.5 92

Differentiated towards the Moroccan 49 19 68 29.9 Total 131 96 227 100 Total in % 57.7 42.2 100

We can see that for each of the teams the behaviour was in most cases equivalent, followed by differential behaviour towards the foreign applicant.

9.2.4.3. Behaviour and discrimination

Table 9.10. Differential behaviour and discrimination Discrimination Against the Against the Behaviour Belgian Equivalent Moroccan Total In % Differentiated towards the Belgian 3 5 0 8 3.5 Equal treatment 1 150 0 151 66.5 Differentiated towards the Moroccan 0 17 51 68 29.9 Total 4 172 51 227 100 Total in % 1.8 75.7 22.5 100

The above table shows that in the vast majority of cases (51/68), differential behaviour went hand in hand with differential treatment. On the other hand, we see that 17 cases of equivalent treatment were accompanied by differential behaviour towards the applicant of Moroccan origin. It should also be noted that all cases of equivalent treatment, apart from one, were also reflected in equivalent behaviour towards both applicants. The above survey extract demonstrates one of the 17 cases where behaviour was equivalent and treatment differential.

9.2.4.4. Behaviour and sector of activity of enterprises

Table 9.11. Differential behaviour and sectors of activity Sectors Non- Commercial Behaviour HRC Retail trade commercial services* Other** Total In % Differentiated towards the Belgian 2 4 0 1 0 7 3 Equal treatment 21 71 25 11 15 143 65 Differentiated towards the Moroccan 16 26 13 9 4 68 22 Total 39 101 38 21 19 218 100 Total in % 17.8 46.3 17.4 9.6 8.7 100

* including banking and insurance ** including manufacturing

We observe that the overall rating (majority of equivalent treatment, followed by differential treatment of the applicant of Moroccan origin and the differential treatment of the applicant of Belgian origin) is the same in each sector. We also observe that the retail trade sector, with the 93 highest representation, is also the sector where the highest level of equivalent behaviour and differential behaviour towards the applicant of Moroccan origin occurred.

9.2.4.5. Behaviour and nature of occupation

Table 9.12. Behaviour and nature of occupation Occupation Sales Ancillary health Office Behaviour Waitress assistant worker worker Representative Other* Total In % Differentiated towards the Belgian 2 1 0 2 3 0 8 3.5 Equal treatment 19 28 18 54 20 12.0 151 66.5 Differentiated towards the Moroccan 13 14 11 20 4 6 68 29.9 Total 34 43 29 76 27 18 227 100 Total in % 14.9 18.9 12.7 33.4 11.8 7.9 100

* including manual worker

The overall representation of the three types of treatment is repeated in all jobs applied for. We also observe that the occupation of office worker is the most highly represented, and is also the one in which we find most instances of equivalent treatment and differential treatment of the foreign applicant.

9.2.4.6. Behaviour and the "visual contact" variable

Table 9.13. Behaviour and visual contact Visual contact Behaviour Yes No Total In % Differentiated against the Belgian 6 1 7 4.2 Equal treatment 97 12 109 61.1 Differentiated against the Moroccan 44 5 49 29.6 Total 147 18 165 100 Total in % 89 11 100

Here also we see a homogeneous distribution of different types of treatment between the jobs, according to whether or not they involve visual contact with the clientele.

9.3. Discrimination in the Brussels-Capital Region against male and female workers of foreign origin: similarities and disparities 94

The analysis of similarities and disparities relating to the respective findings of the male and female teams was subjected to a dual approach: global and targeted1. The global approach made it possible to analyse differential behaviour and treatment in respect of applicants on the grounds of the foreign origin of the male and female teams, on the basis of the aggregate of application files. The purpose of the targeted approach was to evaluate the respective prospects of applicants of both genders of obtaining employment, but solely on the basis of the case-files common to the four applicants.

9.3.1. The global approach

9.3.1.1. Results of survey based on the situation test

In the Brussels-Capital Region there were 724 case-files opened 591 valid case-files 489 usable valid case-files.

In all, therefore, 235 case-files had to be discarded, because they did not provide objective evidence to support a sound conclusion concerning the existence of differential or equivalent treatment. The distribution of the case-files and findings between the male and female teams was as follows:

Table 9.14. Recapitulation of situation tests for semi-skilled jobs Men Women Case-files opened 384 340 Invalid case-files 71 62 Unusable valid case-files 58 44 Usable case-files 255 234

First stage: Establishment of contact 255 234 Equal treatment without follow-up 69 57 Equal treatment with follow-up 125 148 Majority applicant only is invited 56 28 Minority applicant only is invited 5 1 Net discrimination against minority 51 27 Net discrimination against minority in % 20% 11.5%

Second stage: Interview with the applicants 125 148 Equal treatment without follow-up 16 77

1 It goes without saying that the data collected by the male and female teams were not presented globally and were in each case treated separately. 95

Equal treatment with follow-up 6 48 Majority applicant only is invited 38 19 Minority applicant only is invited 9 4 Net discrimination against minority 29 15 Cumulative net discrimination 80 42 Net discrimination against minority in % 31.3% 17.9%

Third stage: Job offer 62 48 No job offered 37 16 Job offered to both applicants 10 24 Job offered to majority applicant only 11 7 Job offered to minority applicant only 4 1 Net discrimination against minority 7 6 Cumulative net discrimination 87 48

Net discrimination against minority in % 34.1% 20.5%

Critical rate 12.2% 12.8%

We see, therefore, a difference of 13.6 percentage points (34.1 - 20.5) between the results of discrimination rates for male and female testers. The net discrimination rate, 34.1% for men and 20.5% for women, are both higher than the critical rate (12.2% for men and 12.8% for women).

We can therefore conclude that while the discrimination observed against young women of foreign origin in the Brussels-Capital Region is less frequent than in the case of young men of foreign origin, it is effective for all young persons of foreign origin, regardless of gender. Nonetheless, the results observed at each stage of the recruitment procedure reveal similarities and disparities.

a. Similarities In fact, most instances of differential treatment tend to occur during the first stage of recruitment of both male and female applicants, before they have had a chance to state their qualifications (51 instances for men and 27 for women). These diminish progressively for everyone during the subsequent stages of the (29, followed by 7 for the men and 17, followed by 6 for the women). b. Disparities Compared with the results for the men's teams, we observe: - a greater number of instances of equal treatment with follow-up for women in the first stage (148 > 125); - a greater number of instances of equal treatment without follow-up in the second stage (77 > 16); - a greater number of double hirings at the third stage (14 > 10).

9.3.1.2. Discrimination according to gender of testers

Table 9.15. Discrimination and gender Gender Discrimination Men Women Total In % Discrimination against Belgians (1) 18 6 24 4.9 96

Equal treatment (2) 132 174 306 62.5 Discrimination against Moroccans (3) 105 54 159 32.5 Total 255 234 489 100 Total in % 52.1 47.8 100 Net discrimination (3)-(1) 87 48 135 Net discrimination in % 34.1 20.5 27.6 Critical rate in % 12.2 12.8 8.8 P2 = 8.1810357 > 3.84 *; B = 0.00423306 < 0.05. * = coefficient corresponding to 1 degree of freedom for a reliability threshold of 0.95.

The expected value, resulting from the application of the average net discrimination rate (27.6%) to each category of applicant, is 70.4 for men and 63.6 for women.

The conclusions drawn from the analysis of the data collected in the Brussels-Capital Region are: - given the value of P2, the hypothesis of dependence of a discrimination rate varying in respect of "gender" is confirmed. - discrimination rates are higher than the critical rates for men and women, but in a higher proportion for men. - the discrimination observed is higher than the average rate for men (87 > 70.4) but lower than the average rate for women (48 < 64.6).

9.3.1.3. Discrimination and function

The expected values resulting from the application of the average rate (34% for men and 21.8% for women) of net discrimination to the total number of case-files according to occupation are, for men and women respectively, 18.6 and 6.9 for "waiter or waitress", 11.2 and 8.8 for "sales assistant", 11.5 and 16.2 for "office worker", 27.7 and 6.15 for "manual worker" and "ancillary" 12.52 and 5.5 for "representative".

Table 9.16. Discrimination and occupation Discrim- Occupation ination Waiter/ Sales assistant Office worker Manual Representative Other Total Waitress worker (m) Ancillary (f) M F M F M F M F M F M F M F Total 55 34 33 43 34 79 82 30 37 27 12 21 254 234

Net discrimi- nation 27 7 8 11 6 17 25 7 20 1 - 1 5 86 48

In % 49 20.5 24 25.5 17 21.5 30 25.3 54 3.7 - 8 23.8 34 20.5

Critical rate in % 26 33.6 34 29.9 33 22 21 35.8 32 37.7 57 42.7 12.3 12.8 M: = B = 0.0026 < 0.05 F: = B = 0.47 > 0.05

The conclusions drawn from the analysis of the data collected in the Brussels-Capital Region are, given the value of P2: while the hypothesis of dependence of the discrimination rate in respect of functions (types of employment) is not confirmed in the case of women, it is confirmed in the case of men; - there is discrimination in the occupation of representative, waiter and manual worker for men, and to a certain extent for the occupation of clerical employee for women; 97

- the net discrimination observed is higher than the average rate for the occupations of waiter and representative for men, and for the occupations of sales assistant, clerical employee and ancillary worker for women.

9.3.1.4. Discrimination and sectors of activity of enterprises

Table 9.17. Discrimination and sectors of activity of enterprises Discrimi- nation HRC Sectors Retail trade Manu- Commercial Non- facturing services commercial Other Total services M F M F M F M F M F M F M F Total 55 40 105 103 16 - 15 25 36 39 18 19 245 225

Net discrimination 28 11 28 21 10 - 4 6 12 8 - 1 3 81 49

In % 51 27.5 26 20.3 62 - 26 24 33 20.5 -18 15.7 33 21.8

Critical rate in % 26 31 19 19.3 49 - 51 39.2 33 31.4 46 45 12.3 12.9 M: = B = 0.0018 < 0.05 F: = B = 0.8957 > 0.05

The expected values resulting from the application of the average rate (33% for men and 21.8% for women) of net discrimination to the total number of case-files according to sector are, for men and women respectively, 18.1 and 8.7 in the "HRC" sector, 34.6 and 22.4 in "retail trade, 5.3 (men) in "manufacturing", 4.9 and 5.4 for "commercial services", 11.9 and 8.5 for "non- commercial services" and 5.9 and 4.1 for the other sectors.

The conclusions drawn from the analysis of the data collected in the Brussels-Capital Region are: - given the value of P2, while the hypothesis of dependence of the discrimination rate in respect of sectors of activity of enterprises is confirmed in the case of men, it is not confirmed in the case of women; - only in the retail trade sector does there appear to be effective discrimination for both men and women; - the net discrimination observed is higher than the expected value in the hotel and catering sector, for men 28 > 18.1) and women (11 > 8.7); in the non-commercial services sector, the net discrimination rate observed is very close, if not equivalent, to the expected value in the case of men (12 and 11.9) and women 8 and 8.5).

9.3.1.5. Discrimination and visual contact involved in the job

Table 9.18. Discrimination and visual contact Discrimination Visual contact Yes No Total M F M F M F Total 151 150 40 18 191 168 Net discrimination 50 31 17 3 67 48 Net discrimination in % 33.1 20.6 42.5 16.6 35 20.2 Critical rate in % 16 16 31 46.2 14 15.1 M: = B = 0.372 > 0.05 F: = B = 0.721 > 0.05. 98

The expected values resulting from the application of the average rate (33% for men and 21.8% for women) of net discrimination to the total number of case-files for each category of employment (35% for men and 20.2% for women) are, for men and women respectively, 52.9 and 30, when the job applied for involves visual contact with customers and 14 and 3.6 when the job involves no such contact.

The conclusions drawn from the analysis of the data collected in the Brussels-Capital Region are: - given the value of P2, the hypothesis of dependence of a discrimination rate varying according to the variable "visual contact" is not confirmed, either for men or for women; - while there is effective discrimination in the case of men, both in situations involving visual contact and in situations not involving it, this effective discrimination applies in the case of women, only where visual contact is involved; - Where there is no visual contact, discrimination was observed in a higher proportion than the average rate in the case of men (17 > 14) and slightly lower than the average rate in the case of women 3 < 3.5), - where visual contact is involved, the disparity between the net discrimination rate and the average rate is slight, both for men (50 and 52.96) and for women.

9.3.1.6. Differential behaviour patterns1 The important fact to single out, and one which we shall meet again as a general tendency in the three following points, is this: while equivalent behaviour is very clearly more prevalent among the women, this is by no means the case among the men, where the total number of instances of equivalent behaviour was almost identical to that of differential behaviour towards the foreign applicant. a. Behaviour patterns according to sector of activity A look at the respective tables for men and for women shows, first of all, that while equivalent behaviour on the part of the employer is more prevalent in the case of women, this is not so in the case of men, where the number of instances of equivalent behaviour (110) is slightly lower than that of differential behaviour towards the Moroccan (112).

On the other hand, we note that the retail trade sector is equally represented among men and women with 101 cases. In this sector we see once again the general trend described above: a clear majority of instances of equivalent behaviour towards women, and, among the men, a more even distribution of instances of equivalent behaviour and differential behaviour towards the applicant of Moroccan origin. b. Behaviour according to type of job On examination of the respective tables for men and for women, we find that, there also, the majority of instances of equivalent behaviour towards the women is not replicated in the case of men, where differential behaviour towards the Moroccan applicant scores three points higher than equivalent behaviour. The most highly represented types of job (office worker among the women and manual worker among the men) are always those where there is the highest level of equivalent

1 The statements below are based on observations contained in sections 8.5.2 and 9.1.4. 99 behaviour and differential behaviour, with the following characteristic for the men: there appears to be an equally high level of differential behaviour with regard to the foreign applicant. c. Behaviour according to the "visual contact" variable. Here alone we note that the number of cases where there is visual contact is the same (147) for men as for women. Of these 147 cases, we again find the general tendency for there to be a large majority of instances of equivalent behaviour with regard to women, which is not at all the case for men, where 69 cases of equivalent behaviour are balanced by 70 cases of differential behaviour towards the foreign applicant.

9.3.2. Targeted approach

This part of the report presents a targeted approach to the results. The only case-files examined here concern such as are common to the male and female teams of testers, that is to say those in which the four applicants applied for one and the same job. We observe therefore the development of the common procedures followed by each of the teams, that is to say during which the four applicants (young men of Belgian and foreign origin, young women of Belgian and foreign origin) applied for the same vacancies with the same prospective employers.

The targeted approach is complementary to the overall approach. In the course of the two survey periods, we collected 144 valid and usable case-files common to the four testers, i.e. 36 per tester or 72 cases. For these files, we shall examine successively the treatment of the applicants and the behaviour of the employers towards our applicants. Special methods will be used to meet the objective of the targeted approach.

9.3.2.1. Discrimination and gender

Table 9.19. Discrimination and gender: targeted approach Gender Discrimination Male Female Total In % Discrimination against Belgians (1) 1 0 1 1.3 Equal treatment (2) 25 31 56 77.7 Discrimination against Moroccans (3) 10 5 15 20.8 Total 36 36 72 100 Total in % 50 50 100 Net discrimination (3)-(1) 9 5 14 Net discrimination in % 25 13.8 19.4 Critical rate in % 32.6 32.6 23.1 P2 = 1.14285714 < 3.84 *; B = 0.28504965 > 0.05. * = coefficient corresponding to 1 degree of freedom for a reliability threshold of 0.95.

The expected value, resulting from the application of the average net discrimination rate (27.6%) to each category of applicant, is 7 for men and 7 for women.

The conclusions drawn from the analysis of the data collected in the Brussels-Capital Region are: - given the value of P2, the hypothesis of dependence of the discrimination rate varying in respect of the "gender" variable assessed on the basis of common case-files is not confirmed1.

1 At least with a reliability level of 95%. For, in consideration of the value of B, dependence would be confirmed with a reliability level of 71.5%. The probability of such a dependence is strengthened by the fact that the results are coherent with those of the overall approach (higher level of net discrimination against men of foreign origin). The differences in the gap between the discrimination rates 100

- discrimination rates, for both men and women are lower than the critical rates: discrimination is therefore not effective for the common case-files. - the net discrimination observed is two points higher than the expected value for men (9 > 7) and two points lower than the expected value for women (5 < 7).

In order to refine our analysis, we conducted an in-depth study of the follow-up to the common case-files.

The purpose of the targeted approach, that is to say, the analysis of the case-files common to the four testers {Belgian man (BM), Belgian woman (BW) woman of foreign origin (FW) and man of foreign origin FM)} is to compare the obstacles in respect of all the actors and to assess the impact of the "gender" variable in relation to the "foreign origin" variable. To this end, we used an original method, the purpose of which was to enable us to rate our testers by awarding them points. Points were awarded case-file by case-file and added up for each tester, thus giving us their ratings.

According to what criteria will points be awarded? By file and tester, we shall look at the final result of the procedure followed by the tester under consideration and the course of the procedure that produced this result. Where the same course of procedure produced the same result, the same number of points will be awarded in each case.

Thus: - Where the tester is directly informed during the first telephone contact that the job as been taken 0 point - Where there is no reply after a curriculum vitae has been sent 1 point - Where the tester is told, during the first telephone contact, that he is not suitable for the job 1 point - Where he is promised that he will be contacted 1 point - When there is a written reply from the employer after a curriculum vitae has been sent, even if the reply is negative 2 points - Where the first telephone conversation, even if it ends with "we'll call you back", lasts a certain length of time and a proper conversation takes place between the tester and the employer 2 points - Where the tester is called for interview 3 points - Where the tester is offered the job after the interview 4 points

Thus the further the tester advances in the recruitment procedure, the more points he will be awarded.

The original method applied awards the maximum number of points (4) on the assumption that the tester has been through all stages of the recruitment procedure and is eventually hired. Hence, the applicant who has earned the highest number of points will be the one who has most often advanced further in the job race.

in the overall and targeted approaches can be explained by the difference in sample sizes or perhaps by the fact that, for jobs open to applicants of both genders, the "right to differentiate" is more widely recognized; these hypotheses should obviously be confirmed. 101

Here are the results ; in descending order1 BM 84 points BW 83 points FW 78 points FM 67 points

We observe, therefore, that applicants of Belgian origin, with a difference of one point, add up to the highest score. These were the ones who, in an almost identical manner, advanced furthest in the hiring procedures considered. In second place, we find the female applicant of foreign origin, but it was her male counterpart that came up against the greatest difficulties in getting a job: he earned a total of 67 points, which still leaves him far behind the Belgian man. The lowest score therefore is that of the male North African applicant, who was thus the one that encountered most difficulties in getting a job.

9.3.2.2. Employers' behaviour and applicants' gender The analysis of differential behaviour towards the foreigner in the case of the common case-files will be conducted in the following manner. For each of the files, we shall compare the course of the hiring procedure. We shall try to see which applicant experienced the most and least favourable recruitment procedure.

Table 9.20. Behaviour and gender Number % More favourable to BM 2 5.5 More favourable to BM + BW 3 8.3 More favourable to BW 2 5.5 More favourable to BM + FM 2 8.3 More favourable to BW + FW 2 5.5 Less favourable to FW 1 2.7 Less favourable to BM 1 2.7 Less favourable to FM 7 19.4 Equivalent response 16 44.4 Total 36 100.0 a. Comments More favourable reaction to BM only : 2 cases - one case involved a job as sales representative, where this applicant alone was called for an interview; - this applicant alone was contacted by the employer and invited for an interview following submission of his curriculum vitae as specified in the job advertisement, and for a job as sales assistant. The other three applicants received no reply.

More favourable reaction to the two autochtonous applicants (BM + BW): 3 cases - when a job in the public sector was advertised, the autochtonous applicants alone were sent the forms to be completed within the prescribed time-limit;

1 To list them, we have used the following abbreviations: BM = male job-applicant Belgian origin; FM = male job-applicant of foreign origin; BW = female job-applicant of Belgian origin; FW = female job-applicant of foreign origin. 102

- in the case of one file from the hotel and catering sector, only these two applicants were contacted by the employer to come for an interview after they had sent in their curriculum vitae as requested in the advertisement; - the last case concerned a job as sales representative in the hotel and catering sector: the autochtonous applicants alone were invited to a probationary period on the day following the interview. The allochtonous applicants were told that they would be contacted at a later date.

More favourable reaction to BW: 2 cases - following application by correspondence for a job as a manual worker by the four applicants, only the woman of Belgian origin was sent a letter telling her that her application was being kept on file; - the second case occurred in the retail sales sector where she was the only applicant to be hired after the interview. The foreign applicant and the male Belgian tester also had an unsuccessful interview. The male foreign applicant was not called for interview.

More favourable reaction to male applicants (BM + FM): 2 cases - they were the only applicants to be called for interview following which they were hired for jobs as sales representatives; - following their applications in the hotel and catering sector, they were the only applicants to receive a reply in writing informing them that there names were being held in reserve.

More favourable reaction to female applicants (BW + FW): 2 cases - for a post as clerical employee, only the women were informed in writing that their applications were being held in reserve. The men did not receive a written reply; - again concerning application for a post as clerical employee, only the women were invited to a one-day selection test and were sent forms to be completed and returned on that day. The men were sent a reply in writing, informing them that they were unsuitable for the job in question.

Less favourable reaction to FW: 1 case - for the job of sales representative, she was the only one to be invited, after the interview, to an information day, the other applicants beginning their probationary period immediately.

Less favourable reaction to BM: 1 case - following their application for a vacancy in the hotel and catering sector, this was the only applicant not to have been called for an interview.

Less favourable reaction to FM: 7 cases - for three jobs in retail sales, he was the only applicant not to have been called for interview, the same occurred in one case for a job in the hotel and catering sector, and once for a secretarial post; - again for a job in retail sales, he was the only applicant not to have received a written reply from the employer in response to his submission of a curriculum vitae, as requested in the advertisement; - still in the clerical employee domain, he was the only applicant not to have been hired after his interview. 103

Equivalent reaction to all four applicants: 16 cases - in 6 of these cases, our four applicants received a letter of rejection, following their submission of a curriculum vitae as requested in the advertisement. In one case, the letter stated that his/her application was being held in reserve; - on one occasion, the four applicants were rejected as of the first telephone contact; - three case-files reveal a positive result for our four testers: they were all hired twice and called to a selection procedure once. - in two case-files, our four testers were called for interview; - one case was more unusual: following submission of their curriculum vitae, the four applicants were requested by the employer to come immediately for an interview. Since none of the applicants happened to be at home at the time of the phone call, they all received the message too late. Consequently, it was impossible for them to recontact the employer in question; - in the case of one file in the non-commercial services sector, the four applicants were rejected for the job, however, the women by telephone and the men in writing; - on two occasions, the four testers were told "We'll call you later", a promise which was not honoured. b. Recapitulation To rate our applicants in order, let us count up the number of more and less favourable reactions for each of the four applicants (excluding, therefore, the 16 equivalent reactions). Thus we get: - BW received 7 more favourable reactions; - BM received 7 more favourable and 1 less favourable reaction (7-1 =6); - FW received 2 more favourable and 1 less favourable (2-1 = 1); - FM received 2 more favourable and 7 less favourable (2-7 = -5).

Rating: 1. Belgian men and women 2. Women of foreign origin 3. Men of foreign origin.

In view of these ratings, we can say that the attitude of employers in the Brussels Region is more or less identical in respect of autochtonous male and female applicants: these two categories having received a total of 6 and 7 points respectively. Allochtonous applicants obtained considerably fewer points: the female applicant received 1 and the male applicant -5. Applicants of North African origin therefore encounter greater difficulties in getting a job, and the North African male encounters far more difficulties that his female counterpart.

9.4. Conclusions

Discrimination In the Brussels-Capital Region, discrimination in access to semi-skilled employment for young women of Moroccan origin is effective, on the basis of the situation test methodology. Indeed, the net discrimination rate of 20.5% is considerably higher than the critical rate of 12.8%, calculated on the basis of sample size.

More precisely, effective discrimination (differential treatment) was observed in each of the situations mentioned below (though they cannot be cumulated or cross-referenced): - for the job of clerical employee; - in the retail trade sector; - in jobs involving visual contact with clientele. 104

Among the different discrimination situations, the female applicant of Moroccan origin runs no greater risk of discrimination.

Differential behaviour Apart from the differential treatment referred to above, various behaviour patterns, expressing forms of resistance on the part of prospective employers towards the female applicant of foreign origin have been identified. Distortion of the procedure is the most frequent form. Differential behaviour often goes hand in hand with differential treatment.

Discrimination against young men and women of foreign origin: similarities and disparities a. The "global" approach If we look at the results of all the recruitment procedures followed by male applicants on the one hand and female applicants on the other, we see that discrimination is effective for each category of applicants, but that it is greater in respect of young men of Moroccan origin by 13.6 points (34.1 - 20.5). The fact of being male, for an applicant of Moroccan origin, is such as to increase, to a considerable extent, the risk of being discriminated against. To be more precise, discrimination is effective in respect of applicants of both sexes in the retail trade sector1 and for jobs involving visual contact with clientele2. On the other hand, types of occupation show a different pattern of discrimination3.

Contrary to what was observed in the surveys conducted by the young men, sectors and types of occupation do not significantly influence discrimination rates in respect of the young women. Both for the male and female applicants of foreign origin, the fact of applying for a job involving or not involving "visual contact" with customers does not increase the risk of discrimination. By and large, employers express less resistance to female applicants of foreign origin than to their male counterparts, who come up against a considerably higher proportion of differential behaviour. b. The "targeted" approach The results of the only case-files common to the male and female teams of testers (144, i.e. 36 x 4), that is to say in which the four testers applied for one and the same job, also show a higher degree of discrimination against the male applicant of foreign origin. These results do not, however, allow us to establish with any great certainty a correlation between the discrimination rate and the gender of the applicant of foreign origin.

On the other hand, an original methodology, based on the award of points to each of the four applicants according to criteria relative to the stage of their advancement in the recruitment procedure, has made it possible to identify the applicant who had got furthest in the job race. The resulting ratings (1. the man and woman of Belgian origin; 2. the woman of foreign origin; and 3. the man of foreign origin) corroborate the previous findings.

In the Brussels-Capital Region,

1 Effective discrimination has likewise been observed in the hotel and catering and the non-commercial services sectors during the survey conducted by the young men.

2 While it also exists for young men where the job does not involve visual contact with customers.

3 Jobs as waiter, representative and manual worker for the male testers and clerical employee for the female testers. 105

- regardless of their gender, applicants of Moroccan origin are discriminated against in access to employment compared with their counterparts of Belgian origin. - male applicants of Moroccan origin are more discriminated against than female applicants of Moroccan origin.

10. Synthesis of results

10.1. Results of surveys based on situation testing1

Please refer to table 10.1 “Results of survey conducted in the three regions according to the three stages of the procedure” on the next page.

10.1.2. Comments to the table

10.1.2.1. Selection of usable valid case-files The two testers, one of Belgian and the other of Moroccan origin, apply for the same job. The case-files opened are valid if a contact with the prospective employer has been established by each of the testers. Case-files are valid and usable where the prospective employer "has had the opportunity to discriminate, during the time-span of a meeting in respect of the job", stated as being open to at least one of the two applicants.

There were: - 181 usable valid case-files out of the 606 opened in the Flemish Region; - 201 usable valid case-files out of 356 opened in the Walloon Region; - 225 usable valid case-files out of 384 opened in the Brussels Region.

In each of the country's three regions, the minimum number of 175 usable valid case-files was attained.

Stage 1. Presentation of the applicants Were applicants of Moroccan origin often discriminated against at the moment when they introduced themselves, that is to say the moment when they displayed interest in the vacancy? At this stage in the procedure, there had been no exchange of information as to the vacancy, but the applicant's foreign origin had been indicated by the mention of his name. Discrimination is thus evaluated at the first stage of the recruitment procedure, or when the applicants first introduce themselves.

1 This synthesis does not include the findings of surveys conducted by the women's teams in the Brussels-Capital Region. 106

Table 10.1. Results of survey conducted in the three regions according to the three stages of the procedure Stages Flemish Walloon Brussels-Capital Region Region Region

Case-files opened 606 356 384 Invalid case-files 99 65 71 Unusable case-files 326 90 58 Usable valid case-files 181 201 255 First stage: initial contact 181 201 255 Equal treatment without follow-up 9 76 69 Equal treatment with follow-up 117 59 125 Only the majority applicant is invited 14 54 56 Only the minority applicant is invited 41 12 5 Net discrimination against the minority 27 42 51 Net discrimination against the minority in % 14.9% 21% 20% Second stage: Interview of both applicants 117 59 125 Equal treatment without follow-up 58 15 16 Equal treatment with follow-up 9 28 62 Only the majority applicant is accepted 46 12 38 Only the minority applicant is accepted 4 4 9 Net discrimination against the minority 42 8 29 Cumulative net discrimination 69 50 80 Net discrimination against the minority in % 38.1% 25% 31.3% Third stage: The job offer 9 28 62 No job offered 37* Job offered to both applicants 3 24 10 Job offered to majority applicant only 4 4 11 Job offered to minority applicant only 2 0 4 Net discrimination against the minority 2 4 7 Cumulative net discrimination 71 54 87 Net discrimination against the minority in % 39.2% 27% 34.1%

Critical rate of discrimination 14.5% 13.8% 12.2%

* In conformity with the methodology note developed below, these case-files comprise all the cases in which applicants, recognized as suitable for the job, were given consideration for the job, after examination of the vocational qualification (invitation to a group information session or further tests, promise to recontact..), but without a successful outcome. The reasons for suspending the procedure at this stage are many: impossibility of providing certain information requested, absence of applicant when the employer phoned back, job given to a third applicant, hiring postponed... 107

Methodology The file is classified under the heading "equal treatment without follow-up" where the procedure is terminated without any applicant's having an opportunity to talk about the job requirements or the suitability of the vocational qualifications required. The file is classified under the heading of "equal treatment with follow-up" where such an opportunity is offered to both applicants. The file is classified under the heading "only the majority applicant is invited", where this opportunity is offered only to the applicant of Belgian origin. The file is classified under the heading "only the minority applicant is invited", where this opportunity is offered only to the applicant of Moroccan origin.

Case-files classified under the headings "equal treatment without follow-up" and "only the majority applicant is invited" are closed at the end of this first stage. All files classified under "equal treatment with follow-up" are taken into account in the assessment of discrimination during the subsequent stages of the recruitment procedure.

Net discrimination results from the difference between case-files where "only the majority applicant is invited" and those where "only the minority applicant is invited". The net discrimination percentage is calculated on the aggregate of usable valid files for each region.

On the completion of the first stage, net discrimination came to: - 27, or 14.9%, in the Flemish Region, - 42, or 21%, in the Walloon Region, - 51, or 20% in the Brussels Region.

Stage 2. Consideration of vocational qualifications To what extent were applicants discriminated against after having had a talk about the vacancy to be filled or about their vocational qualifications? To ascertain this, discrimination is subsequently assessed at the second stage of the procedure, when vocational qualification are discussed.

Methodology The file is classified under the heading "equal treatment without follow-up", where the procedure is terminated but neither applicant is considered for the job (invitation to a group information session or further tests, promise to recontact...). The file is classified under the heading "equal treatment with follow-up" if this invitation is extended to both applicants. The file is classified under the heading "only the majority applicant is considered", where this invitation has been extended only to the applicant of Belgian origin. The file is classified under the heading "only the minority applicant is considered", where this invitation is extended only to the applicant of Moroccan origin.

Files classified under the headings "equal treatment without follow-up", "only the majority applicant is considered" and "only the minority applicant is considered" are closed at the end of the second stage. All files classified under "equal treatment with follow-up" are taken into account in the assessment of discrimination during the third stage.

Net discrimination relating to this second stage "consideration of vocational qualifications" results from the difference between case-files in which "only the majority applicant is considered" and those in which "only the minority applicant is considered". The cumulative net discrimination rate (first and second stages) results from the sum of instances of net discrimination 108 during the first and second stages. The percentage of cumulative net discrimination in the second stage is calculated on the aggregate of usable valid files from each of the regions.

During the second stage, net discrimination came to: - 42, or 23.2%, in the Flemish Region, - 8, or 4% in the Walloon region, - 29, or 11.4%, in the Brussels Region.

At the end of the second stage, cumulative net discrimination came to: - 69, or 38.1% in the Flemish Region, - 50, or 25% in the Walloon Region, - 80, or 31.3% in the Brussels Region.

Stage 3. Job offer To what extent were applicants discriminated against when the decision to hire was being taken? To ascertain this, discrimination is assessed at the third stage of the procedure, when the job is, or is not, offered.

Methodology A file is classified under the heading "No job offer", where the procedure terminates without either of the applicants' having been hired. A file is classified under "job offered to both applicants", where each of the applicants has been offered a job. A file is classified under the heading "job offered to the majority applicant only", where only the applicant of Belgian origin is offered a job. A file is classified under "job offered to the minority applicant only", where a job has been offered only to applicant of Moroccan origin.

The net discrimination rate pertaining to this third stage "Recruitment decision" results from the difference between the files where the job has been offered to the majority applicant only and those where the job has been offered to the minority applicant only. The cumulative net discrimination rate (first, second and third stages) represents the sum of the net discrimination figures for the three stages. The percentage of total cumulative net discrimination is calculated on the aggregate of usable valid files for each of the regions.

During the third stage, net discrimination came to: - 2, or 1% in the Flemish Region, - 4, or 2% in the Walloon Region, - 7, or 2.7% in the Brussels Region.

At the conclusion of the three stages, cumulative net discrimination came to: - 71, or 39.2%, in the Flemish Region, - 54, or 27%, in the Walloon Region, - 87, or 34.1%, in the Brussels Region.

These net discrimination rates are higher than the critical rate. Discrimination is therefore effective in each of the country's three regions.

10.2. Independence test: discrimination and teams

The P2 test is calculated on the findings of the survey conducted by each team to check the absence of dependence of the results in respect of the specific "performances" of each of the teams. 109

In the Flemish Region, the figure resulting from the test calculation is not meaningful and shows that the discrimination rate is independent of the teams' performance.

In the Walloon Region, the figure resulting from the test calculation is not meaningful and therefore shows that "the results are not biased by the performance of one tester or pair of testers".

In the Brussels-Capital Region, the figure resulting from the test calculation or the three patterns of the variable "discrimination" (differential treatment of the applicant of Belgian origin, of the applicant of Moroccan origin or equal treatment) for each of the teams is not meaningful1 and shows that the discrimination rate is independent of the teams' performance.

10.3. Discrimination relative to certain variables

The data collected in the country's three regions have made it possible to establish certain relationships between discrimination and certain common variables: sectors, type of job and visual contact or otherwise with customers (10.3.1.). In view of the regional characteristics of the labour market, other specific variables could be examined in certain regions (10.3.2.). In none of the three regions could the effect of variables relating to the size of the enterprise, type of firm, duration of contract, working hours systems, remuneration, working conditions be dealt with, as over 40% of the data concerning these variables were unavailable.

For the variables selected, the missing data were deducted from the total data analysed. For this reason, the total number of case-files analysed varies in relation to one variable or another. Where the data for one analysis category were insufficient, they were either combined or presented for the purpose of illustration.

Assessment of discrimination trends in relation to variables was conducted in the following manner: - The P2 calculation makes it possible to check whether the discrimination observed differed according to the variable examined; if so, the disparity is considered to be "meaningful"; - The calculation of the critical rate makes it possible to check whether the discrimination observed in one analysis category (ex. the hotel and catering sector) was higher than the critical rate; if it was, the discrimination is said to be "effective"; - the calculation of the "average net discrimination rate" for all files taken into account for a specific variable (ex: "sectors" makes it possible to establish the net discrimination rate observed for an analysis category (ex: the "non-commercial" sector) in relation to this average rate. This rate is, among other things, a function of the number of data collected for a specific variable and therefore differs from one variable examined to another.

10.3.1. Variables common to the country's three regions

10.3.1.1. Discrimination and visual contact In the Walloon and Brussels-Capital Regions, the data collected were not sufficient to confirm the hypothesis according to which discrimination is more pronounced when it is a question of jobs involving visual contact with clientele.

1 The disparity calculated on the basis of the net discrimination rate is the result, not of the difference between the results obtained by the teams, but of the method of calculating the net discrimination rate: supra 8. 110

In the Flemish Region, the net discrimination rate was 17 points higher where the job applied for involved visual contact with customers (47% > 30%)

10.3.1.2. Discrimination and sectors of activity of the enterprises The hotel and catering, retail trade, commercial services, insurance-banking, manufacturing and non-commercial services sectors were explored in each of the three regions.

In the Flemish Region, it has been established that the scale of discrimination is dependent on sector of activity. The average net discrimination rate is 38%. As regards the net discrimination rate per sector explored, the most discriminatory are, in descending order, hotel and catering (60%), retail trade (41%), services (37%) and manufacturing (11%).

In the Walloon Region, the P2 test results show that the hypothesis of a discrimination rate that differs according to sector must be excluded. It would appear from the data available that discrimination is effective in the hotel/catering and retail trade sectors.

In the Brussels-Capital Region, the dependence of the discrimination rate on sectors of activity has been statistically established. The hotel/catering, retail trade and commercial services sectors show effective discrimination. The average net discrimination rate is 33%. As regards the net discrimination rate for each sector explored, with a sufficient number of instances, the most discriminatory sectors are, in descending order, hotel/catering (51%), retail trade (34.5%), non- commercial services (33%).

10.3.1.3. Discrimination and type of occupation In the Flemish Region, the P2 test results show that discrimination against persons of Moroccan origin is linked to the nature of the job offered or applied for. Discrimination is effective for all categories of jobs applied for: waiter, sales assistant, manual worker. The average discrimination rate is 39.2%. In relation to the net discrimination rate for each occupation documented, the highest discrimination rates found were those connected with the job of waiter (61.5%), sales assistant (40.4%) and manual worker (24.3%).

In the Walloon region, the P2 test results show that discrimination against persons of Moroccan origin is not linked to the type of job offered or applied for.

In the Brussels-Capital Region, the dependence of a discrimination rate varying according type of occupation has been statistically established. Discrimination is effective for the jobs of representative, waiter and manual worker. The average discrimination rate is 34%. In relation to the net discrimination rate for each occupation documented, the highest rates are to be found in connection with the jobs of representative (54%), waiter (49%), manual worker (30%), sales assistant (24%) and clerical employee (17%).

10.3.2. Variables specific to certain regions

10.3.2.1. Discrimination and type of contract (Wallonia) In the Walloon Region, the findings are not such as to reveal a significant difference in discrimination according to the status offered to the testers: wage earner, self-employed worker, franchisee, "undeclared".

10.3.2.2. Discrimination and type of application (Flanders and Wallonia) 111

The testers applied in response to advertisements in the local newspapers in the three regions. They also had to make spontaneous applications in Wallonia (66) and Flanders (109) to make up for the shortage of advertised vacancies for semi-skilled workers. A study conducted by the KU Leuven shows, among other things, that a sizeable proportion of recruitments in Wallonia (20%) and Flanders (16) are effected on the basis of this procedure1.

In the Flemish Region, as in the Walloon Region, there is no significant difference between the discrimination rates resulting from spontaneous applications and those observed in the case of procedures originating in job advertisements.

In Wallonia, the discrimination rate relating to spontaneous applications was lower than the critical rate. In Flanders, the discrimination rate was higher than the critical rate for both types of application.

10.3.2.3. Discrimination and type of contact (Brussels) Discrimination results from the oral, visual or written communication, to one of the applicants, of a differential treatment of the application which distorts the chances of one tester's getting the job.

In the Brussels-Capital Region, the data collected show that, proportionally, the rate of discrimination is not connected with the type of contact through which the differential treatment is expressed, and that it is still higher than the critical rate, whether the contact is oral, visual or written.

10.3.2.4. Discrimination and zones (Brussels) In the Brussels-Capital Region, districts are divided into two zones: zone 1 comprises the nine districts with over 25% foreign residents and zone 2 comprising the other districts with under 25% foreign residents. The fact that the enterprise is located in one or other of these zones does not give rise to a significantly different level of discrimination. However, it was observed that in enterprises situated in zone 1 (over 25% foreigners), discrimination is higher than the critical rate2 and is therefore effective, whereas in enterprises situated in zone 2 (under 25% foreigners) discrimination is lower than the critical rate.

10.4. Differential behaviour patterns

Discrimination manifested by a rejection of the application at any one stage of the procedure is not the only expression of xenophobic reaction on the part of employers. Differential behaviour patterns illustrating employers' reservations when confronted with applicants of Moroccan origin can be observed throughout the entire procedure. With the data collected, we can check whether the net discrimination rate confirmed the differential treatment observed.

In the Flemish Region, the behaviour observed did not differ sufficiently to justify an analysis and cross-referencing with other possible variables.

1 Although, in the case of spontaneous applications, there was no vacancy and therefore the interface between the job supply and demand, open at least to the worker applicant, in the course of which he had occasion to be discriminated against, only applies where there is a possibility of a job to be filled, the three teams therefore decided, for reasons of regional culture and the feasibility of the study, to consider these case-files as valid and usable, whenever one of the applicants' demand had been taken into consideration.

2 Supra, 10.3. 112

10.4.1. Variables common to several regions (Wallonia and Brussels)

10.4.1.1. Differential behaviour and discrimination In the Walloon and Brussels Regions differential behaviour very often occurred before a discriminatory action in respect of the applicant of Moroccan origin. Thus differential behaviour was observed in 49 out of 63 discriminatory procedures in Wallonia and in 101 out of 102 discriminatory procedures in Brussels.

10.4.1.2. Differential behaviour and teams In the Walloon Region, the application of the P2 test obtained on the basis of the net rate of differential behaviour shows that none of the teams was proportionally more frequently subjected to differential behaviour.

In the Brussels Capital Region, the applicant of foreign origin from each team was not, proportionally speaking, more frequently subjected to differential behaviour.

10.4.1.3. Differential behaviour and visual contact In the Walloon and Brussels Regions, the fact that a job does or does not require visual contact with customers does not give rise to a significantly different rate of differential behaviour.

10.4.2. Specific variables (Brussels)

In the Brussels-Capital Region, - in corroboration with the observations concerning discrimination, differential behaviour is to be found: - in particular in the hotel and catering sector - more frequently in relation to the jobs of representative and waiter; - in similar proportions in districts with over and under 25% residents of foreign nationality. - the most frequently documented forms of differential behaviour are distortion of the procedure (67/111) and false statement (37/111). Those consisting in the imposition of different working conditions, the adoption of particular attitudes and arguments based on foreign origin are considerably rarer. - bilingualism appears to be a discriminatory selection criterion because it is applied differently. The differences in treatment and behaviour to which it gives rise are the result not of ignorance or lack of proficiency in the second language on the part of the applicant of Moroccan origin, but of the inegalitarian conditions relating to the formulation of these requirements. - differences in behaviour towards the applicant of Moroccan origin were also observed on occasions where applications were put on a reserve file. Where this was offered to the applicant of Belgian origin only (12 times), the applicant of foreign origin was definitively excluded from the procedure. Where it was offered only to the applicant of Moroccan origin (9 times), the outcome of the procedure was more favourable to the applicant of Belgian origin in one case out of three.

10.5. Conclusions

The results of the tests indicate, as we have seen, the existence of effective discrimination in each of the country's three regions. In each region, the discrimination rate is independent of the specific performance of each team of testers. These findings have made it possible to qualify 113 observations relating to discrimination rates according to certain variables and different ways of expressing discrimination. a. Discrimination in relation to certain variables In the Flemish Region, we note a significant difference in the discrimination rate according to whether or not the job applied for involves the requirement of visual contact with customers. This situation was not statistically observed in the Brussels-Capital Region. In the Walloon Region it could not be checked.

The dependence of the discrimination rate on sectors of activity of the enterprises was noted in the Brussels Capital Region and Flanders. This was not so in the Walloon region. In the three regions, there is effective discrimination in the hotel/catering and retail trade sectors, where the rates are highest. Discrimination is also effective in the non-commercial services sector in the Brussels-Capital Region and in the services sector in the Flemish Region.

The dependence of the discrimination rate on the type of occupation was also noted in the Brussels-Capital Region and in Flanders. In Wallonia, the discrimination rate was independent of the nature of the occupation. In the Brussels-Capital Region, discrimination was effective for the jobs of representative, waiter and manual worker. In Flanders it was effective for all categories of jobs documented (waiter, sales assistant, and others).

Specific variable were also identified in some regions. Thus, in Flanders and Wallonia, where spontaneous applications had to be used, there was no appreciable difference in relation to type of application (spontaneous applications and advertised vacancies). Discrimination was effective for applications originating in advertised vacancies in Wallonia, and for both types of application in Flanders. In Wallonia, no significant difference was observed in respect of the status of the worker which determines the type of contract: wage-earning employee, self-employed, franchisee or "undeclared". In the Brussels-Capital Region, the discrimination rate in relation to location of the enterprise (district with a greater or lesser concentration of foreigners) was not significantly different. Discrimination was effective only in the zone comprising communes with over 25% of foreign residents. In the Brussels-Capital Region, it was noted that the discrimination rate was independent of the type of contact (verbal, written or visual communication) and that discrimination was effective for all three types of contact. b. Differential behaviour patterns Together with instances of discrimination (differential treatment) ending in acceptance or rejection of the application at one stage or other of the hiring procedure, differential behaviour patterns were also observed. These expressed, from the qualitative point of view, reactions of rejection or resistance on the part of prospective employers in respect of the applicant of Moroccan origin.

The survey on differential behaviour was analysed in the Brussels-Capital Region and the Walloon Region. In each of these two regions, such behaviour often preceded an act of effective discrimination against the applicant of Moroccan origin. In the Brussels-Capital Region, the forms of differential behaviour most frequently encountered were distortion of the procedure and the false statement. Moreover, differential behaviour was manifested in a particular manner when bilingualism was under consideration or when applicants were placed on a reserve file. c. Recapitulation 114

Discrimination on grounds of Moroccan origin is effective in each of the country's three regions: applicants of Moroccan origin come up against a distinctly greater proportion of difficulties than applicants of Belgian origin when applying for semi-skilled jobs.

To be more precise, effective discrimination was observed in each of the situations listed below (though these have not been cumulated or cross-referenced): - in the hotel/catering and retail trade sector in each of the country's three regions, in the non- commercial services sector in the Brussels Region and in the services sector in the Flemish Region; - for jobs as representative, waiter and manual worker in the Brussels Region, and for jobs as waiter, sales assistant and manual worker in Flanders; - for applications originating in advertised vacancies in the Walloon Region and for spontaneous applications and those originating in advertised vacancies in the Flemish Region; - for oral, written and visual applications in the Brussels Region; - in districts with over 25% foreign residents in the Brussels Region.

Rates of discrimination on grounds of foreign origin are significantly higher where the applicant of Moroccan origin applies for: - a job involving visual contact with customers, in the Flemish Region; - specific employment sectors, in the Brussels and Flemish Regions; - particular types of occupation, in the Brussels region and Flanders

On the other hand, it was noted that there was no correlation between the discrimination rate and: - jobs that do or do not require visual contact, in the Brussels Region; - employment sectors, in the Walloon Region; - type of occupation, in the Walloon Region; - type of application (spontaneous or in response to an advertisement, in the Flemish and Walloon Regions; - type of contract (wage-earning, self-employed), in the Walloon Region; - location of the enterprise in a district with a greater or lesser concentration of foreigners, in the Brussels Region; - nature of application (oral, written or visual) in the Brussels Region.

It was emphasized in the Brussels and Walloon Regions that discrimination was often preceded by differential behaviour toward the applicant of Moroccan origin. In the Brussels Region, it was observed that such behaviour usually took the form of distortion of the procedure and the false statement, and that it was particularly apparent when the requirement of bilingualism was under consideration and when a decision was taken in respect of placing the applicant on a reserve file. 115 116

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Acknowledgements

The co-ordinating team wishes to thank the testers for the energy, perseverance and rigorousness displayed during the procedure and for their reports on the tests, as well as the members of the research teams of the GRESP (Wallonia) and the IISA (Flanders) who participated in the elaboration of the testing methodology and in the interpretation of the results.

The following persons also contributed to the organization of certain stages of the survey:

Mr. Jacques Nagels, Professor at the Université Libre de Bruxelles and Director of the ULB Institute of 124

Sociology, Mr. Claude Javeau, Professor at the Université Libre de Bruxelles, Ms. Madeleine Moulin, Professor at the Université Libre de Bruxelles, Director of the Centre de Sociologie de la Santé et President of the social sciences department of the ULB Faculty of Social, Political and Economic Science, Mr. Jean-Jacques Droesbeke, Professor at the Université Libre de Bruxelles et Director of the ULB Laboratory of data processing methodology, Mr. Stefano Abruzzini, Statistician, Assistant at the ULB, Mr. Guy Lebeer, Researcher at the ULB Centre de Sociologie de la Santé, Mr. Lawari Bougeague, Coordination and Training Supervisor at the Intec-Foyer, Molenbeek, Mr. Edouard Langohr, Jurist at the Orbem, Verviers, Ms. Chantal Thomas, Director of a job-search training service, Liège, Ms. Chantal Charlier, Director of the Atelier Marolien, Brussels, Mr. Marc Van Meelaert, Dutch professor, Ms. Annick Messiaen and Ms. Fiorella Germeau (Centre Relation Emploi et Formation), ULB, Ms. Carmen Castellano et Ms. Damienne Sagel, Boutique de l'Emploi, Bruxelles-Laïque, Mr. Henri Dewelde, Human Resource Management Assistant in a large enterprise in Wallonia, Ms. Christiane Desmet, Institut Francophone pour la Formation Professionnelle, Ms. Béatrice de Créancourt, Director of the COBEFF, Mr. Eric Buyssens, Délégation Régionale Interministérielle aux Solidarités Urbaines, Ms. Myriam Poelman, Brutec, Mr. Christian Vandiepenbeek, Collectif Formation Société, Mr. Jean-Claude Dupont, mission locale de Forest, Mr. Guy Lebrun, mission locale de Saint-Gilles, Ms. N. Schuermans, mission locale de Bruxelles-Ville, Mr. Michel Willame, Atelier Recherche Active d'Emploi de Molenbeek, Ms. Anne De Mees, Formation Insertion Jeunes, Ms. Françoise Dejemeppe, Director, Le Grain, Mr. M. Verstraeten, Opleidings- en Tewerkstellingsfonds voor de Bedienden van de Metaalverwerkende Nyverheid van Brabant, - OBMB, Mr. Massimo Bortolini, Centre Bruxellois d'Action Interculturelle, Messrs. P. Van Wessen and Yves Gilbert, Fonds de Formation Professionnelle de la Construction, Documentation Service, Mr. Ababacar N'Dwa, Mouvement de lutte contre le Racisme, l'Antisémitisme et la Xénophobie. 125