The Employer’s Perspective
The vocabulary available for discussing issues to do with race and ethnicity is often a matter of dispute and, therefore, tends to be unclear and inadequate.
The same word can mean or imply different things to different people. Thus a term which is unproblematic and positive for one person may be questionable or offensive for another. Additionally, there are frequently concerns about political correctness.
Also, words change their meanings and implications over time. For example, at one point, 'coloured' was considered acceptable and 'black' offensive. Nowadays it is exactly the opposite. 'Black' is entirely acceptable and is the preferred term for most people of African or Caribbean heritage. 'Coloured', however, is now no longer acceptable in any context.
It is important to note that the Equal Opportunities form, which is frequently supplied with an application pack, is for Equal Opportunities monitoring purposes only and is not used as a part of the selection process.
The Race Relations Act (1976) makes discrimination on the grounds of race, colour, nationality (including citizenship), ethnic or national origin illegal. It protects people of all ethnic groups, including white people. Thus, it is illegal to discriminate against people because they are, for example, Welsh, French or have a Scottish accent. The Act covers employment including advertising, selection and recruitment.
Racial discrimination is not the same as racial prejudice – the Act deals with actions and the effect of actions, rather than people’s opinions or beliefs. Therefore, it is not necessary to prove that someone intended to discriminate against you – you need to show that less favourable treatment was received as a result of what they did.
The Employment Equality (Religion or Belief) Regulations 2003 outlaw discrimination on grounds of religion or belief in workplaces throughout Britain . They cover all aspects of employment from recruitment, through pay and working conditions to dismissal.
The law protects people from discrimination on the grounds of their religion or belief in employment and vocational training. It does not permit:
The law also covers perceptions of religion or belief. Thus it protects people who are assumed – rightly or wrongly – to have a particular religion or belief.
There is evidence of change in the way minority-ethnic employees are viewed and valued by employers. Employers are beginning to appreciate the benefits of having a diverse workforce and businesses realise that a diverse workforce is more successful if it reflects the community it serves.
There are a number of ways to identify yourself as an employer who wishes to recruit talented individuals regardless of their background or ethnicity. For example:
There are specialist fairs for ethnic minority students and graduates. Employers attending these demonstrate that they are keen to attract talented ethnic minorities to their organisation.
In medium and larger size companies an analysis should be undertaken to check that the equal opportunities policy regarding race is effective. The following can be examined:
From this data it should be evident if certain racial groups are being disadvantaged and that further investigation may be needed to establish if this is really the case and how it may be remedied.
Employers may not discriminate in the selection for a post on the grounds of race (or sex) but the legislation does allow measures to be taken to encourage members of under represented groups to take advantage of opportunities. However, lawful positive action should not be confused with positive discrimination, which is unlawful.
Employers have a legal responsibility to take reasonable steps to prevent unlawful discrimination. This responsibility should apply to recruitment, selection, training, promotion, dismissal and redundancy policies and practices. Although it is not a legal requirement, a written equal opportunities policy shows a commitment to developing non-discriminatory personnel practices.
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