One Workplace Equal Rights

How to recognise discrimination

The workplace brings together lots of people who may have nothing in common other than their jobs. Most employees usually seem to get along with one another and put aside any personal and cultural differences. Occasionally, however, employees do not get along as colleagues at work and this spills over into incidents of unacceptable behaviour such as discriminatory treatment or harassment.

Sometimes offensive behaviour is not intentional, or the recipient of the behaviour is seen to be 'over-sensitive'. Occasionally a company may have rules or systems that may lead to discrimination.

Discrimination can be overt, but sometimes it can be hidden and subtle. It can be seen when one group of people are given a particular job or access to training, better terms and conditions of employment, workplace facilities and promotion.

Defining Discrimination

The four main types of discrimination areas within employment are:

Direct discrimination
Treating people less favourably than others on grounds of sexual orientation, religion or belief. For example a job advertisement that openly says 'no disabled people need apply'. However in reality discrimination often takes more subtle or indirect forms. Some examples are:

• People with disabilities are automatically rejected without considering how adjustments could easily be arranged to meet their particular need.
• Anyone who doesn't seem to 'fit in' (for example due to their religion or sexual orientation) is denied his or her rights or the opportunity of employment in the first place

Indirect discrimination
Applying a provision, criterion or practice which disadvantages people due to race or ethnic origin, age, disability, gender, sexual orientation, religion or belief. An example of indirect discrimination is requiring all people who apply for a certain job to sit a test in a particular language, even though that language is not necessary for the job. Some examples are:

• Particular ethnic groups are given certain tasks and not others.
• Women are only allocated certain jobs, whilst men take others.
• Stereotyping particular groups and creating an expectation of low performance, which, though unspoken, can permeate an organisation, creating an atmosphere that can negatively affect someone's work abilities

Harassment
Unwanted conduct that violates people's dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment on grounds of race or ethnic origin, age, disability, gender, sexual orientation, religion or belief. Some examples are:

• Making derogatory or false remarks about work colleagues.
• Making sexual innuendos about a colleague in his or her presence.
• Making jokes about particular groups of people. For example, religious groups; gays and lesbians or an ethnic group. Everyone is meant to join in the 'joke' including the person who belongs to the particular group being joked about - not joining in will lead to you being isolated and seen to be 'not part of the team'.
• Engaging in physical abuse - slapping hitting etc- or threatening violence.

Victimisation - treating people less favourably because of something they have done under or in connection with the legislation, e.g. made a formal complaint of discrimination or given evidence in a tribunal case. Making life difficult for someone who complains about the way they are being treated or discriminating against someone who supports the victim by, for example, not speaking to them or even making them unemployed.

Some examples are:

• Particular ethnic groups are given certain tasks and not others.
• Women are only allocated certain jobs, whilst men take others.
• People with disabilities are automatically rejected without considering how adjustments could easily be arranged to meet their particular needs.
• Anyone who doesn't seem to 'fit in' (for example due to their religion or sexual orientation) is denied his or her rights or the opportunity of employment in the first place.
• Stereotyping particular groups and creating an expectation of low performance, which, though unspoken, can permeate an organisation, creating an atmosphere that can negatively affect someone's work abilities.

Examples of harassment and victimisation are:

• Spreading false rumours to discredit another employee.
• Making derogatory or false remarks about work colleagues.
• Making sexual innuendos about a colleague in his or her presence.
• Making jokes about particular groups of people. For example, religious groups; gays and lesbians or an ethnic group. Everyone is meant to join in the 'joke' including the person who belongs to the particular group being joked about - not joining in will lead to you being isolated and seen to be 'not part of the team'.
• Engaging in physical abuse - slapping hitting etc- or threatening violence.
• Dismissing the feelings of people who are the subject of jokes or abuse.
• Making life difficult for someone who complains about the way they are being treated or discriminating against someone who supports the victim by, for example, not speaking to them or even making them unemployed.

The impact of such behaviour, apart from possibly leading to legal action, can sour working relations and may lead to the departure of valued employees or to the loss of business. The victims can suffer personal stress and economic hardship.

All organisations need to look at how they can prevent discrimination from taking place across any of these different grounds.

The responsibility to treat everyone in the workplace fairly extends to both employers and employees. It is possible that individuals acting in a discriminatory way could also be subject to legal action by a victim.

The One Workplace Equal Rights Campaign aims to provide information and to support Trade Union representatives, officials and members on how to implement these new rights on the ground through our Hotline, and via our events and seminars.

For more Information, click www.stop-discrimination.info