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MALTATODAY 23 December 2018

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12 maltatoday | SUNDAY • 23 DECEMBER 2018 NEWS PAUL COCKS DISCRIMINATION on social media remains widespread as posts and adver- tising making clear distinction mostly in the case of race and gender go un- noticed or unsanctioned, MaltaToday has learned. Two of the sectors that are most af- fected are the catering and accommo- dation industries. As many restaurant and bar own- ers struggle to find Maltese staff – or Maltese-speaking ones – some are tak- ing to social media to advertise their vacancies. One advert on Facebook reads "Ur- gently wanted 3 Maltese waiters to work 40 hours a week. 9 euros per hour". Nothing quite wrong with the syntax, except it is illegal to be discrim- inatory when posting vacancies or se- lecting people to fill a vacancy. The National Commission for the Promotion of Equality confirmed that "vacancy adverts should be inclusive and non-discriminating to all persons with the right to work in Malta". This is in line with Maltese laws that safeguard equality at the workplace, specifically making "unlawful for per- sons to publish or display or cause to be published or displayed any adver- tisement, or, otherwise, to advertise a vacancy for employment which dis- criminates between job seekers…" But other business owners – undoubt- edly flustered by the lack of Maltese applicants and the reaction of many diners on the absence of Maltese, or Maltese-speaking, waiting staff – insist on needing Maltese staff. Brian, who owns a restaurant in Bu- gibba and another in Valletta, told MaltaToday that he knew that it was illegal to discriminate when advertis- ing or employing people. "But what else can I do? I am losing regular cus- tomers because they do not feel com- fortable being waited upon by people who do not speak Maltese," he said. "I am turning away foreigners who apply to work for me. I need Maltese staff." Brian is not alone in complaining about the lack of Maltese waiting staff and how many Maltese customers seek Maltese waiting staff when choosing where to dine out. Anthony, who owns a 30-cover bar and restaurant in St Paul's Bay, la- mented the fact that Maltese no longer seemed interested in working in the catering industry, even if offered top hourly wages. "Whenever I put out a vacancy advert, I get maybe one Maltese out of 50 ap- plicants," he said. "My customers are fed up of being served by Eastern Euro- peans who can barely speak English, let alone Maltese." He too acknowledged that whenever he advertised any vacancies, he always asked specifically for Maltese staff, even knowing that it was illegal to do so. "My business is suffering and it will get worse if I don't listen to what my customers are telling me," he said. "It's not as if my restaurant is being fully- booked by Eastern Europeans every day anyway." Another online advert for a bartender specifies that applicants need to speak English well and that no prior experi- ence is needed. The post also says that the successful applicant would be paid €6 per hour. And that an applicant needed to be "strictly European na- tional". This discrimination is also present in other sectors. Adverts for rental prop- erties posted on Malta's most popular classifieds site also include some bla- tant examples. In one post, a property owner says her flat is available "for a foreign couple" looking to rent an apartment in Bu- gibba. The post then goes on to specify: "they have to be responsible, well or- ganised, to be clean … no Libyans and no pets … it includes lift". This particular advert made the rounds on various public groups with many people pointing out the owner's bias. The issue is that the NCPE does not have the resources to track online ad- verts. "NCPE reviews local newspapers on a daily basis for any discriminatory ad- vertisements as defined by the Equality for Men and Women Act," the spokes- person said. "Where discriminatory adverts are identified, NCPE formally notifies the publisher and the company informing them why the advert is dis- criminatory and suggests actions to be taken." In the case of online advertising, it re- lies on the general public reporting any discrimination. So while print media is monitored, the much larger online platform remains unsupervised and unregulated. And it is there where the most bla- tant examples of discrimination can be found. Online vacancy ads are fertile ground for discrimination Many discriminatory online adverts remain uncensored as the National Commission for the Protection of Equality relies on reports by concerned citizens as the only means to learn of the abuse

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