Discrimination In The Workplace

Unfortunately discrimination in the workplace is all too common and can have long lasting effects on all involved. But what exactly is discrimination and what should you do if you feel that you are being discriminated against?

Discrimination arises when somebody, usually an employee, is treated differently from others, usually by their employer. The law states that employers may not discriminate against their staff – i.e. treat them differently – because of their age, sex, marital status, race, disability, gender, sexual orientation, religion or cultural beliefs or because they work part-time hours or on a fixed-term contract. There are different types of discrimination – direct discrimination, indirect discrimination, harassment and victimisation.

Direct discrimination arises when an employee is treated differently for one of the reasons stated above. For example, it would be direct discrimination to refuse to promote somebody because of their age or sex. It would also be direct discrimination to offer the position of lorry driver to male applicants only. Under some limited circumstances it may be lawful to offer a position to a restricted group of applicants, for example, offering the role of a pastoral carer in a Catholic school only to people that are practising Catholics.

Indirect discrimination is where a specified rule or working condition means that a specific group of people are discriminated against, intentionally or otherwise. For example, to state that people with long hair may not apply for a position may count as discrimination, however, if the rule is in place because of genuine health and safety concerns (such as the medical profession or a kitchen job) then it may be lawful to stipulate this requirement.

Harassment also constitutes a form of discrimination and arises when the victim is made to feel humiliated or undermined as a result of somebody else’s offensive or humiliating behaviour.

Victimisation arises when somebody is penalised or treated differently because they have tried to make, or have made, a complaint, about a discrimination issue. This may include excluding them from work social events or continually ignoring them in the office.

A person should be considered (or not) for a role simply because of their skills, ability and their suitability to the position. No other factors should be taken into account if discrimination is to be avoided. If you feel that you have been a victim of discrimination in the workplace you should firstly speak to your line manager or a senior colleague. If this does not resolve the problem you should follow your company’s grievance policy regarding discrimation and if you are still not able to find a resolution you may benefit from seeking the advice of an employment lawyer.

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