Useful Terms - diversity in the workplace

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• Race
• Sex or Gender
• Sexual orientation
• Simple and intuitive in use
• Test of reasonableness
• Valuing diversity
• Vicarious liability
• Victimisation

Race

It is unlawful for a person to discriminate against another person on the ground of race. The law defines race as including colour, nationality and ethnic or national origins.

Religion and belief

There is no explicit definition of ‘religion’ or ‘belief’, but a belief must philosophical belief and political beliefs are not afforded protection. All major religions are covered, as well as less well known beliefs such as Paganism and Humanism. Those without belief are also covered. It is also now against the law to discriminate on the grounds of religion or belief in the provision of goods, facilities and services and the disposal and management of premises, as well as in employment and provision of training or education.

The current law means that an organisation's recruitment and selection procedures, as well as employment policies– such as dress codes and disciplinary procedures – must not discriminate on grounds of religion or belief, unless this can be objectively justified.

Sex or Gender

The state of being male or female. Typically with reference to social or cultural behaviour, differences or roles. Unlawful sex discrimination happens when someone is treated unfairly because of his/her gender. Women, men and transsexual people can all experience sex discrimination.

Sex discrimination also includes treating someone less favourably because he/she is married or in a civil partnership, or on the grounds of maternity: for example, by not hiring or treating differently married women.

Sexual orientation

It is unlawful to discriminate against people in employment on the grounds of sexual orientation. This includes harassment; the provision of goods, facilities and services; the disposal and management of premises; the provision of education; the exercise of public functions. The Civil Partnership Act 2005 ensures the same rights are accorded to civil partners as to married persons.

The regulations define sexual orientation as a sexual orientation towards a person of the same sex, opposite sex, or the same and opposite sex.

Simple and intuitive in use

allowing for ease of understanding regardless of the user’s experience, knowledge or skills.

Test of reasonableness

is whether it is reasonable to remove or alter an issue that has been perceived as a barrier or obstacle to inclusion; the decision will be made taking into account the circumstances and certain criteria such effectiveness, practicality, cost, and resources.

Valuing diversity

means activating and promoting the processes that will achieve this inclusive environment: putting into place policies and procedures that welcome and include different perspectives and practices.

Vicarious liability

is where anything done by an individual employee in the course of employment, or a third party acting on an employer’s behalf, is treated as also being done by the employer.

Victimisation

occurs if a person is treated less favourably because he/she has done, or is suspected to have done, or is intending to do a protected act, for examplegiven evidence in a case of sex discrimination brought by another employee.

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