The word equality proposes to eliminate discrimination in the workplace and to ensure equal access and opportunities for all. This would lead to equitable outcomes for all, regardless of the starting point. This does not necessarily mean that everyone should be treated exactly equally. If an employer seeks to eliminate discrimination, this could result in temporary differential treatment. The term “equality” refers to being equal in the context of status, rights or opportunities. In contrast, the term “equal opportunity” refers to the right to be treated without discrimination, including on the grounds of sex, disability, race or age. There are also plans to extend the requirement for large employers to report on their ethnic pay gap, i.e. the difference in the average salary of employees of different ethnicities in an organization. It is not yet clear when this will be introduced. Effective November 21, 2009.
This law makes it illegal to discriminate against employees or applicants on the basis of genetic information. Genetic information includes information about an individual`s genetic testing and the genetic testing of a person`s family members, as well as information about the diseases, disorders or condition of an individual`s family members (i.e., an individual`s family history). The Act also prohibits retaliation against a person for complaining of discrimination, instituting a lawsuit for discrimination, or participating in an investigation or prosecution of discrimination in the workplace. With a written equal opportunity workplace policy, you can help ensure that all employees are treated fairly and in accordance with the law. Below, we look at the importance of implementing an equal opportunities policy and what it should include, as well as what the Act says about employers` obligations in relation to equality and diversity in the workplace. Most people have heard of equality and diversity, but what does it really mean? Where does the pain come from and what are the legal obligations of employers to ensure equality and diversity in the workplace? A successful lawsuit against you could result in reinstatement if an employee was wrongly fired. They could also be ordered to pay a significant amount of damages. Therefore, it is important that you take steps to minimize your exposure to legal risks and reduce the possibility of discrimination in the first place. However, for reputational reasons, an employer may want to publish details of the steps it is taking to reduce its gender pay gap. This is likely to include equality and diversity measures, such as positive action in favour of women in recruitment and promotion. Large employers with 250 or more employees are required to report annually on the gender wage gap, that is, the difference between the average salary of men and women in the organization. While the reporting requirement is legally binding, it is not illegal for an employer to report a gender pay gap, no matter how large.
Not so long ago, the term “equality and diversity” was not widely known in Britain. It was much more common to use the term equal opportunity. Today, you can also see the phrase equality, diversity and inclusion. This is due to a growing acceptance that treating everyone the same would not lead to the same results, as people come from different starting points and have different needs. The term “equal opportunity employer” is often used in job descriptions or at the top of the careers section of a company`s website. But what does that mean? Therefore, your policy does not need to be lengthy and complex, when a simple and concise policy is sufficient, as long as it continues to provide clear and law-compliant guidance on discriminatory workplace issues and meets the needs of your business and employees. The key to an effective equal opportunities policy is to ensure that it is clearly formulated in such a way that it is easily understood by all employees. You should always use plain English and avoid technical jargon so that the policy is user-friendly to everyone. Executive Order 11246, as amended, prohibits discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin in employment and requires affirmative action to ensure equal opportunity in all aspects of employment.
One thing hiring managers and HR professionals should keep in mind when trying to make their organization compliant with anti-discrimination laws is that federal law – while this is a common practice – does not require that the phrase “equal opportunity employer” be used in job postings or on a company`s website. Yet, as the EEOC has previously pointed out, incorporating this phrase could be a good way for employers to encourage members of historically marginalized groups to apply for their company`s job postings. There is no specific legal obligation to provide a written equality policy in the workplace. However, under the Equality Act 2010, it is illegal to discriminate against someone in the workplace on the basis of one or more of nine protected characteristics. A written statement of the organization`s commitment is a best practice to ensure that these legal requirements are met consistently across your organization. Often, this goes no further than simply explaining what unlawful discrimination and harassment is, stating that the employer will not tolerate it, and making it clear that anyone who discriminates or harasses in the workplace can be fired. Even a basic policy can help an employer defend a wrongful dismissal or discrimination complaint. * Virtually all employers are covered by the Equal Pay Act, with a few exceptions, making it illegal to pay different wages to men and women if they do essentially the same work in the workplace.
All workplaces must comply with equal opportunities legislation. The purpose of an equal opportunities policy is to demonstrate the employer`s approach to equality and diversity in the workplace, establish guidelines and explain to employees how discrimination is treated. The conditions of the policy must be realistic and not too restrictive. This means that you and your management team must be prepared to apply all the rules and procedures put in place to deal with discriminatory behaviour reported under the policy, and these should not unnecessarily restrict how you can run your business. While the information in this section of our website applies to all employers, it is designed specifically for small businesses that may not have a human resources department or staff specializing in equal employment opportunity. We are aware that the information provided here may not answer all the difficult legal issues that may arise in cases of discrimination in the workplace.
