The weighty topic of discrimination is by no means a new inclusion in sociological discussion, yet there still seems to be a disparity between progress in anti-discriminatory legislation and the reported experiences amongst some communities that the sores of prejudice continue to smart.
I wonder how many of us would admit to feeling that they are, or have been, a victim of discrimination. Or what percentage would concede that certain learnt behaviours or cultural influences may have played a part in them discriminating against another; no matter how innocuous or unintentional it felt at the time. From excluding a person point-blank because of their creed or sexual orientation, to favouring an interview candidate due to their age in order to create the optimum ‘fit’ within a work group, prejudice and intolerance can be as far reaching as they are destructive. Discrimination is not simply cancelled out by advances in legislation but by maintaining staunch opposition, community cohesion and fostering progressive attitudes.
High profile cases such as the victory of former Countryfile presenter Miriam O’Reilly (51) over the BBC citing age discrimination keep the struggles fresh in our minds. Charges of both age and gender discrimination were brought against the broadcaster, though the latter plea was unsuccessful. O’ Reilly was awarded £150,000 in damages. The judge implicated BBC bosses as “complacent” in their attitudes towards staff and it’s that very adjective that responsible employers need to ward against in order to maintain a workplace untainted by prejudice.
A year after the 2006 age discrimination law was passed, a survey by the Employees Forum on Age found that 59% of respondents claimed they had witnessed ageist behaviour in the workplace during the previous 12 months. 86% of those interviewed confirmed that they were aware of the change in the law and that this behaviour was now illegal. The ONS (Office of National Statistics) reported a record high of 900,000 in the number of over-65s remaining in work, an increase of 56,000 from the last quarter. By passing a law governments are requesting a commitment by businesses and civilians alike to practice non-discriminatory behaviour, but the attendant histrionics can be trickier to moderate.
The Government is calling on the UK’s largest companies to ensure that 25% of their directors are female by 2015 in response to the knowledge that 18 of the FTSE 500 have no female board members and only 16 blue chip companies have a female director. Some suspect that reasons for this disparity are due to fears that female colleagues would not be able to commit sufficient time to long term high-level positions, presumably due to family commitments. This assumption does not allow for women who decide not to have a family or who take a small amount of time off work when they do.
The UN International Day for the Elimination of Racial Discrimination is observed annually on the 21st March. The Day remembers the 69 people killed by police in peaceful anti-apartheid protests in South Africa. The Apartheid is, of course, no longer in place and race-related laws, in most countries, are a thing of the past.
Unfortunately racism still occurs all over the world, albeit to a lesser extent than previous generations. The 1976 Race Relations Act saw the UK move to protect people who are discriminated against because of their colour, nationality or heritage, whether intentional or not. In a nation as culturally diverse as the UK, issues of integration and cohesion are complex and often contentious. Last year Scotland Yard was forced to concede to allegations of discrimination as part of a deal to end a boycott from the Black Police Association. This was clearly not in the PR interests of such a prominent public sector department. The row was sparked by the claims of Tarique Gaffur, third in charge at the Met, who branded boss Ian Blair a racist and moved to sue the force for discrimination. The BPA discouraged people from ethnic minorities from joining the force due to its disproportionate disciplinary procedures and alleged bias against people from ethnic minorities regarding job advancement. The row continued for 16 months and resulted in a vow by Deputy Commissioner, Tim Godwin, to fully address racism and discrimination across the Met.
DDA (Disability Discrimination Act) and DED (Disability Equality Duty) training is increasingly offered by employers, keen to optimise their equal opportunity strategy and hotlines are widely recommended and successfully used as a confidential reporting mechanism for incidents or concerns. Effectively quashing all discrimination means establishing a culture of no tolerance in the work place and across society as a whole.
The majority of citizens practice non-discriminatory behaviour and it is unpleasant to suspect that colleagues may be degrading the strict ethical and moral codes advocated within an organisation. But prevention is the best form of cure and maintaining good corporate governance in the form of external and internal reporting systems means incidents can be managed swiftly and comprehensively. Employers are liable for employees who act in a discriminatory fashion when it is acting in the course of their employment. Employers can make a case of being exempt from this vicarious liability if they can show they implemented all reasonable steps to prevent such an incident taking place.
Discrimination is partly defined by the ability to distinguish fine differences in objects and within that very definition there is a great deal of scope for misinterpretation of rules, responses etc. Clearly the situations outlined above are only the tip of the iceberg; people become victims of discrimination for a myriad of reasons. By ensuring your business’ ethical credentials and that a framework of discrimination deterrents are in place you are safeguarding against costly legislative proceedings and ensuring you maintain a safe and happy workplace for your valued employees.
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