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Discrimination Laws Guide

This page offers a guide designed to help advertisers and employers comply with employment legislation relating to discrimination. They are not to be read as legal advice and are not comprehensive.

Recruitment and Job Advertisements

Equality legislation doesn't just protect people from discrimination when they're in a job. It also applies to the recruitment and selection process, with the aim of making sure that no one is treated less favourably when applying for a job.

Equality legislation covers the entire recruitment process. For example:

  • To avoid racial discrimination, overseas qualifications which are comparable with UK qualifications should be acceptable as equivalents and not assumed to be inferior.
  • The way application forms are designed shouldn't discriminate against disabled people.
  • It would be unlawful to prefer a younger candidate in the belief that they will be 'hungry' and 'dynamic', and so perform better.

No job advertisement should discriminate on the basis of any of the protected grounds, unless there is objective evidence that the discrimination is lawful. Here are a few examples:

  • Stating a preference for a man or woman in a job advertisement is unlawful sex discrimination unless the requirements of the particular job mean that it is lawful to employ only a man or a woman. Gender-specific job titles, such as 'handyman' or 'salesgirl', should therefore be avoided. It is also likely to be unlawful to use language that indirectly implies the job is suited to one sex or other.
  • Advertisements should not include age limits, unless these can be objectively justified. Avoid using words and phrases such as 'young and dynamic' or 'mature person'. These could result in a complaint of age discrimination since they suggest an employer is looking for applicants from a particular age group.
  • It could be discriminatory to restrict the advertisement of a job to a particular religious publication, since potential candidates who belong to other religious or belief groups would be much less likely to have the opportunity to see it.

Extracted from the Equality and Human Rights Commission website - click here for full text.

Sex Discrimination Act

Stating a preference for a man or woman in a job advertisement is unlawful sex discrimination unless the requirements of the particular job mean that it is lawful to employ only a man or a woman. Gender-specific job titles, such as 'handyman' or 'salesgirl', should therefore be avoided. It is also likely to be unlawful to use language that indirectly implies the job is suited to one sex or other.

Under certain limited circumstances - especially those known as genuine occupational requirements (GORs) and genuine occupational qualifications (GOQs) - discrimination may be lawful.

If you believe that you have a situation which might arise within an exception, we would recommend that you take professional advice.

Extracted from the Equality and Human Rights Commission website - click here for full text.

Race Relations Act

Stating a preference for a particular ethnic group in a job advertisement is unlawful race discrimination unless the job has a genuine occupational requirement for someone from a particular community, or if a specific community can be shown to have been under-represented in an area of work. All advertisements that discriminate on racial grounds are unlawful, so you must quote the section of the Race Relations Act that exempts you from this general prohibition.

Extracted from the Equality and Human Rights Commission website - click here for full text.

Employment Equality (Age) Regulations

Advertisements should not include age limits, unless these can be objectively justified. Avoid using words and phrases such as 'young and dynamic' or 'mature person'. These could result in a complaint of age discrimination since they suggest an employer is looking for applicants from a particular age group.

Extracted from the Equality and Human Rights Commission website - click here for full text.

Types of Discrimination

To discriminate means to classify people into groups and to treat them differently accordingly. Discrimination is unlawful where it is practised against a particular group that has been protected by law.

There are several types of legally defined discrimination:

  • Direct discrimination
  • Indirect discrimination
  • Victimisation
  • Harassment
  • Not making reasonable adjustments
  • Instructions and pressure to discriminate
  • Segregation

This section gives examples of the various types of discrimination in employment situations.

Direct discrimination

An example of direct discrimination in employment would be requiring that job applicants have a particular national origin.

Indirect discrimination

An example of indirect discrimination in employment would be stating in a job advertisement that candidates must be over six feet tall. This could indirectly discriminate against women, who are less likely to fulfil this requirement.

Similarly, a rule against wearing headgear at work could indirectly discriminate against Sikh men who wear turbans in accordance with their religious practice.

Victimisation

An example of victimisation in employment would be if a person who has made a discrimination complaint against an employer is then discouraged from applying for training or promotion because of the complaint.

Harassment

Examples of workplace harassment might include:

  • making unfounded threats or comments about someone's job security
  • unwelcome sexual advances - touching, standing too close, display of offensive pictures
  • deliberately blocking someone's opportunities for promotion or training.

Not making reasonable adjustments

The Disability Discrimination Act requires employers to make adjustments to working practices and environments where necessary. This is so that people with disabilities are not disadvantaged. Common examples of workplace adjustments include:

  • laying out furniture so that a wheelchair user can move freely around your office
  • providing a toilet designed for disabled people
  • providing speech recognition software to help someone with motor difficulties use your IT systems.

Instructions and pressure to discriminate

Employers must not tell people to discriminate or put pressure on them to do so. For example, if a GP instructed his receptionist not to register anyone who might need help from an interpreter, this would constitute an instruction to discriminate.

Segregation

Segregation is physically separating someone from others because of their gender, ethnicity, age, sexual orientation, disability, belief or religion.

For example, women might be given restricted access to careers advice, work-experience placements and training opportunities for certain jobs, which are seen as being traditionally male.

Extracted from the Equality and Human Rights Commission website - click here for full text.

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