Discrimination in the workplace most commonly takes the form of one of the following:
1. Staff being paid differently purely because of their gender.
2. Employee or prospective employee being treated differently as a result of their gender (this includes sexual harassment and transsexuals), race, colour, nationality, ethnic origin or marital status. More recently new legislation has made it illegal to discriminate against an employee as a result of their sexual orientation or religion (Employment Equality (Sexual Orientation) Regulations 2003 and Employment Equality (Religion or Belief) Regulations 2003. New legislation outlawing discrimination on the grounds of age came into force on 1st October 2006.
3. Employee or prospective employee being treated less favourably, as a result of a disability. To avoid discrimination, the employer is required to make adjustments to the workplace so that the disabled person is not "substantially disadvantaged" (this is not applicable to employers of less than 15 workers).
While applicants are not obliged to mention their disability to a future employer, the Disability Rights Commission does consider it is in both parties’ best interests to do so. The employer may ask applicants if they have a disability but is not allowed to discriminate as a result.
4. Trade union members treated less favourably than non-union members or vice versa. Importantly, 1 year’s minimum service is not required to proceed with a discrimination claim.
Direct DiscriminationWhere an individual is treated less favourably as a result of their race or gender. For example, a woman is not interviewed for promotion while a less qualified male is offered the job. In these cases the employer cannot claim that it was not their intention to discriminate.
Indirect DiscriminationThis is a more subtle form of discrimination, again relating to race or sex discrimination. It occurs where a stipulation exists which cannot be as easily met by one race or gender as compared with the general staff population, and, therefore, they lose out. For example, shift patterns might make it harder for women to do their job as many have caring responsibilities.
With indirect discrimination, the employer can argue that the discrimination was necessary for the running of the business. This is not common but might cover a situation where an actor is overlooked because his/her skin colour does not fit the part.
Bringing a claim to the employment tribunalIn October 2001, a new European law put the onus on employers to disprove sexual discrimination rather than on the individual to prove it, as is still the case in race related situations. As the success rate for bringing an employer to account has rarely been over 20 percent since the UK discrimination acts were introduced it is hoped that these amendments will also be extended to cover racial discrimination. Although disability law varies widely from sex and race discrimination, the same problems exist with only about 17 percent of claimants, having success. Again it is hoped that the burden of proof is switched to the employer.
If you wish to make a claim against an employer remember you can do so as an employee or prospective employee (i.e. you felt you were discriminated against at the recruitment stage).
You can find out more about the issues raised here by visiting Diversity Milkround.