CIMA BA4 Syllabus C. CONTRACT AND EMPLOYMENT LAW - Diversity and Equal Opportunities Policy - Notes ^{3 / 5}

Organisations and businesses are made up of many individuals working together to achieve organisational success.

These individuals bring different attitudes, perceptions and learning experiences to the workplace, as well as ethnic, gender and personality differences.

These can be a source for developing creativity within an organisation.

However they can also be the cause of problems.

Over the past 30 years or so, employment has changed beyond all recognition.

This change has led to a fundamental re-thinking of the way employees are managed.

Managers have had to recognise the need (or in many countries the legal requirement) to develop and enforce company policies aimed at reducing and eliminating discrimination.

In addition, the increasing globalisation of business has meant that managers must be aware of cultural and race issues (diversity).

Equal opportunities

a term which describes the idea that everyone in an organisation should have an equal chance to apply and be selected for posts, to be trained or promoted and to have employment terminated fairly. 

Employers can discriminate only on the basis of ability, experience or potential. 

All employment decisions are based solely on an individual’s ability to do a particular job. 

No consideration should be taken of a person’s sex, age, racial origin, disability or marital status.

Sex discrimination policy

Many organisations have adopted a sex discrimination policy that requires gender equality in all areas of employment including the selection process, opportunities for training, promotion, benefit provision, facilities and dismissal. 

Such a policy deems it wrong to make any form of discrimination within employment matters because of marital status or sex and covers three main categories of sex discrimination: direct discrimination, indirect discrimination and victimisation.

• Direct discrimination
   
  - involves treating a person less favourably than others on sexual, racial or marital grounds. 

  This might include for example, a dismissal from employment upon marriage.

• Indirect discrimination

  - describes a term or condition applicable to both sexes, but where one sex has a considerably lesser ability to comply with it than the other. 

  An example would be a condition that a candidate must be of a particular height.

• Victimisation

  - is discrimination against an individual who has brought proceedings or given evidence in another case involving discrimination or disciplinary matters.

Positive Discrimination

This is a form of discrimination that favours someone by treating them differently in a positive way.

• Eg Appointing someone from an underrepresented group into a role without considering their skills for the post

Positive Action

Is the process of taking active steps to encourage people from disadvantaged groups to apply for jobs and training and to compete for vacancies.