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Brushing up against
the office blonde, picking on someone's dreadlocks and dodgy remarks
about a person's unfortunate stutter, are all gladly things of the past.
Or are they?
Picking on people
because they are somehow perceived to be different is obviously wrong
and should be something that is kicked into touch from the workplace
in the 21st century. But prejudice, like all things that develop, has
evolved into a much subtler element of the workplace.
People are still
castigated for being coloured, a woman can still earn less than her
male counterpart doing the same job, disabled people are constantly
reminded that they will not be productive in a work environment and
all the other excuses used against people deemed by some to be easy
targets, is plainly abuse.
Discrimination laws
have come a long way from the heady days when verbal and physical abuse
(predominantly perpetuated by men) was seen as the office culture. It
was a way of letting off steam. The classic "its only a joke…haven't
you got a sense of humour?", "get that chip off your shoulder"
were calls for many people to accept abuse as normal office banter.
Recent changes and developments in legislation have rightfully outlawed
this behavior, which protects those who are the subject of discrimination.
We take a look at
some of the protections and decipher what they mean with a brief look
at the relevant laws protecting people against office discrimination.
Employment
Discrimination
In
its broadest terms discrimination in the workplace is when an employer
or their employee treats you less favourably than anyone else. Employees
are protected under the following acts Sex Discrimination Act 1975,
Race Relations Act 1976 and Disability Discrimination Act 1995.
Discrimination
can manifest itself into 2 main types.
Direct discrimination
tends to cover straightforward actions where an employee is obviously
being treated less favourably because of their sex or race. For instance,
if a woman who obviously is more qualified than his/her counterpart
but is turned down for promotion. You are treated less favourably because
you are pregnant.
AND
This is a subtler
version where it is not always obvious when the discrimination takes
place, such as when there is an imposed requirement or condition, which
results in discrimination against individuals on the grounds of gender
or race. For instance:
- Imposing an age
requirement in a job advert.
- Not promoting
women who are pregnant
- Setting tests
and or asking for qualifications above the requirement for the post.
Employees are protected
from discrimination by legislation broadly falling within the following
areas:
- Sex
- Race
- Pay
- Marital
- Disability
Race,
Sex and Marital Discrimination
The
Sex Discrimination Act 1975 and the Race Relations Act 1976 protect
men and women against discrimination on the grounds of sex, marital
status, colour, race, nationality, ethnic or national origins. The law
protects applicants and employees who may be contract, self-employed,
or part-time workers. The employer is ultimately responsible for the
actions of their employees.
If any member of
a staff discriminates against another, then it is both the staff member
and the company who will be liable for not taking reasonable steps to
prevent the discrimination.
Pay
Discrimination
The
Equal Pay Act 1970 makes it unlawful to discriminate between men and
women with regards to pay and other terms of employment. A person is
entitled to equal treatment with someone of the opposite sex who is
employed.
- On work of the
same or broadly similar nature.
- On work of equal
value.
Disability Discrimination
Under
the Disability Discrimination Act 1995 employees are protected against
discrimination on the grounds of their disability and employers should
take preventative and reasonable measures, so that a disabled person
is not placed at a disadvantage.
Common Issues Surrounding Discrimination
Pay
A person doing the same job or of equal value to the work of another
employee should expect to get the same pay, irrespective of the sex.
A recent report
by the Equal Opportunities Commission's Equal Pay Task Force, found
that women working full time can expect to take home between 70 to 80%
less in pay than a male colleague doing the exact same job. This report
highlights the problems of the gender pay gap, which still perseveres.
With modern businesses the differences are not always in the pay packet.
The difference can be attributed to many things, such as benefits affecting
company policy leftover from years ago. These include:
- Better perks
and side benefits for male employees
- Old pay scales
Sex
From heading the British Intelligent Services to running the unpredictable
London Stock Exchange, women have come to play a more prominent part
across all industry sectors. That may be the case for the top end but
there are still obstacles in the way for many women when it comes to
achieving a management role. A recent Glasgow University research study
showed that the number of women in management positions has not improved
since the 30's. Many of the problems associated with the 'glass ceiling'
are often to do with normal business practice. Many employers are simply
unaware that they are discriminating against women. For instance, many
company policies surrounding promotion and interviews are often set
by men.
The criteria for
what is expected by a man may be different to a woman, so in turn disadvantaging
any potential women seeking promotion or a management job. Successful
claims against the Police Force regarding over pay and sex discrimination
has helped to transform their working and recruitment practices. More
targeting of ethnic minorities and women is helping to build a police
force more representative of its communities.
Disability
It is common to see job advertisements, which state that the company
holds an "equal opportunities policy". This is a good sign
and one where, if the statement is to be believed, means the company
will only look at your ability to do the job and not look at your disabilities,
race or sex as a barrier to the job. Yet research by disability charity
Leonard Cheshire found that only 14% of people worked with someone who
was disabled with 40% of people who thought disabled people cannot do
their job as well as a non-disabled person.
It is quite common
to find larger organisations stating that they will guarantee an interview
with a disabled person. Many able-bodied members of society think this
is unfair and say this is reverse discrimination. But the point is that
disabled people still hardly get a look-in in the grand scale of things
when applying for jobs generally. Able-bodied people will still be able
to apply for more jobs and have a better chance of getting those jobs
when compared to a disabled person.
It is obvious to
say some jobs are just not suited to disabled people. This includes
Fire fighter, Fork-lift truck Driver, Paramedics and Policeman, but
even some of these roles can be carried out by some people depending
on their actual disability.
It is easy to lump
everyone with a disability card in the same stew but some peoples perceived
hindrance may not even be visible to the eye. Many companies have a
positive attitude towards employing people with a disability, claiming
that disabled people are willing to put more effort into their job due
to the harsh experiences they have been through. They can empathise
better with customers and are more likely to see a job through. But
not all employers are the same. Under the Disability Discrimination
Act 1995 it is the responsibility of employers to make sure that reasonable
measures have been taken to stop discrimination against disabled employees.
What rights do part-time employees
have?
Employment Relations Act 1999, Part-time Employees (Prevention of Less
Favorable Treatment) Regulations 2000, Sex Discrimination Act 1975 is
a new provision to protect and give the same employment rights to part
time workers. Many part time workers are women often working unsociable
hours around their family.
Options
You can seek to overturn a decision by the employer to one that you
think is fair, but though some people do this, many would find the idea
of working for a company that you had taken to court unbearable or downright
awkward. The most common outcome is to sue both your employer and any
employee who discriminated against you for compensation. The compensation
figure is more usually subject to what you would normally have received
if you were not discriminated against. In a situation which might seem
like Catch 22 you must be looking for a new job whilst the tribunal
is in process. If you manage to start a new job then earnings from this
job will be deducted from the amount of compensation, however if you
fail to show that you are actively trying to find a new wage then your
award may also be reduced.
Filing
the Claim
The vast majority of claims are dismissed so it is important that you
have strong evidence with a well-prepared claim. All claims must be
filed within three months of the alleged complaint.
Who
decides?
Employment tribunals assess the claims of each claimant. Employment
tribunal caseloads have risen significantly over a number of years.
Nearly 104,000 applicants submitted claims in the year 1999-2000, of
which 25% went on to a tribunal hearing.
Time
for Action
As with all legislation, it is one thing to identify someone breaking
the law but another when it comes to implementing the rules. The office
is a close community, at least in terms of people's distance from each
other, so any small ripple will make big noises elsewhere. It is easy
to feel intimidated and frightened as no one likes to 'rock the boat'.
But the only way to get rid of bad practice is to highlight it when
you see it.
Many victims of discrimination do not complain because:
-
They hope it will
stop
They are embarrassed
They don't want to be marked a troublemaker
They fear victimisation
They don't want to get anyone into trouble
They fear they will be told it was self-provoked
They don't think they will be taken seriously
They don't believe any action will be taken
They fear it won't be believed
They fear it will make matters worse
But most of all,
they don't complain because the offender is in a more senior position
to themselves and they fear for their job security.
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