A Dozen Discrimination Dangers
- the common gaffs in dealing with people
Mac Mackay - Managing Partner: dawlaw
It seems that in aiming to be 'inclusive', none of us is immune
So, you think you know about discrimination in the workplace?
Before scrolling down the page, can you list the dozen areas where it is illegal to
discriminate against people? Some areas are sub-sets of legislation. The list
also includes harassment and victimisation. We’ll start you off:
Perplexed? Before looking at the answers, here is a guide to the types of discrimination that can occur, taken from the “Direct.gov” on-line guide:
Types of discrimination
Direct discrimination
Direct discrimination happens when an employer treats an employee less favourably than someone else because of one of the above reasons. For example, it would be direct discrimination if a driving job was only open to male applicants.
There are limited circumstances in which an employer might be able to make a case for a genuine occupational requirement for the job. For example, a Roman Catholic school may be able to restrict applications for a scripture teacher to baptised Catholics only.
Indirect discrimination
Indirect discrimination is when a working condition or rule disadvantages one group of people more than another. For example, saying that applicants for a job must be clean shaven puts members of some religious groups at a disadvantage.
Indirect discrimination is unlawful, whether or not it is done on purpose. It is only allowed if it is necessary for the way the business works, and there is no other way of achieving it. For example, the condition that applicants must be clean shaven might be justified if the job involved handling food and it could be shown that having a beard or moustache was a genuine hygiene risk.
Harassment
You have the right not to be harassed or made fun of at work or in a work-related setting (e.g. an office party). Harassment means offensive or intimidating behaviour – sexist language or racial abuse, which aims to humiliate, undermine or injure its target or has that effect. For example, allowing displays or distribution of sexually explicit material or giving someone a potentially offensive nickname.
Victimisation
Victimisation means treating somebody less favourably than others because they tried to make, or made, a complaint about discrimination. For example, it could be preventing you from going on training courses, taking unfair disciplinary action against you, or excluding you from company social events.
Which did you recognise?
Yes, there are now 14 – more than when the first draft of this article was written! If you missed some, what about your staff – do you want to avoid a costly tribunal?
So, while management training might not be mandatory for you – beyond Management Course Stage One – the way we do it at ‘dawlaw’ is a dynamic way for you to start to build the hardest of skills – the soft skills – as a manager of lawyers.
- Race – of course
- Age – yes, we know there was recent legislation
- Complete the list….
Perplexed? Before looking at the answers, here is a guide to the types of discrimination that can occur, taken from the “Direct.gov” on-line guide:
Types of discrimination
Direct discrimination
Direct discrimination happens when an employer treats an employee less favourably than someone else because of one of the above reasons. For example, it would be direct discrimination if a driving job was only open to male applicants.
There are limited circumstances in which an employer might be able to make a case for a genuine occupational requirement for the job. For example, a Roman Catholic school may be able to restrict applications for a scripture teacher to baptised Catholics only.
Indirect discrimination
Indirect discrimination is when a working condition or rule disadvantages one group of people more than another. For example, saying that applicants for a job must be clean shaven puts members of some religious groups at a disadvantage.
Indirect discrimination is unlawful, whether or not it is done on purpose. It is only allowed if it is necessary for the way the business works, and there is no other way of achieving it. For example, the condition that applicants must be clean shaven might be justified if the job involved handling food and it could be shown that having a beard or moustache was a genuine hygiene risk.
Harassment
You have the right not to be harassed or made fun of at work or in a work-related setting (e.g. an office party). Harassment means offensive or intimidating behaviour – sexist language or racial abuse, which aims to humiliate, undermine or injure its target or has that effect. For example, allowing displays or distribution of sexually explicit material or giving someone a potentially offensive nickname.
Victimisation
Victimisation means treating somebody less favourably than others because they tried to make, or made, a complaint about discrimination. For example, it could be preventing you from going on training courses, taking unfair disciplinary action against you, or excluding you from company social events.
Which did you recognise?
- race
- age
- gender
- marriage or civil partnership
- gender reassignment
- pregnancy and maternity leave
- sexual orientation
- disability
- colour
- ethnic background
- nationality
- religion or belief
- full time vs. part-time workers
- …and there are more!
Yes, there are now 14 – more than when the first draft of this article was written! If you missed some, what about your staff – do you want to avoid a costly tribunal?
So, while management training might not be mandatory for you – beyond Management Course Stage One – the way we do it at ‘dawlaw’ is a dynamic way for you to start to build the hardest of skills – the soft skills – as a manager of lawyers.
So, want to survive and prosper?
Improve the engagement of your people...
Talk to us.
Mac Mackay
Management Tutor – 01295 768606
e-mail: advice@daw.co.uk
Talk to us.
Mac Mackay
Management Tutor – 01295 768606
e-mail: advice@daw.co.uk
