At the Frontier of Discrimination
We all know there are discrimination laws covering gender, age, sexual orientation, religion, ethnic origin and disability. Surely among them they cover every possible type of discrimination there can be? You certainly wouldn't be alone in thinking that but just cast your mind back to playground taunts and you might be able to come up with some of the new candidates for discrimination laws.
New challenges of discrimination in employment are beginning to rear their head. And while arguably there are no solid proposals of further legislation on the horizon at the moment, future suggestions of new legislation are worthy of consideration.
For example, within the EU, Denmark, Finland, France and Sweden have already introduced legislation prohibiting genetic discrimination, and Austria, Greece, Italy, Luxembourg and the Netherlands prohibit or restrict the collection of genetic data from employees without their explicit consent. In the UK, the Human Genetics Advisory Commission in 1999 recommended that individuals should not be required to take a genetic test for employment purposes and that an individual should not be required to disclose the results of a genetic test unless there is clear evidence that the information it provides is needed to assess either their current ability to perform a job safely or their susceptibility to harm from doing a certain job.
Of course genetics strongly influences how we look and a related candidate for discrimination legislation is discrimination based on personal appearance or 'lookism'. Appearance repeatedly forms an easy joke or is the butt of a quick laugh around the office. We are all aware of the prominence the issue of obesity has in society at present, and nor is it the only look to consider. Employees with certain hair colours or baldness can also be an easy target for office jokes. Charlotte Rushton, the author of Ginger Snaps, reports being spat upon because she is ginger. A prominent red-haired trade union official claims that she is often subjected to comments such as "oi ginger". Blondes can be subjected to stereotypes suggesting that they are "ditzy".
A bit of harmless fun, you might say, and of course it often is. If both parties completely understand and agree with the spirit intended, and therefore everyone is laughing, then comments about someone's personal appearance or genetic traits can be completely harmless. However, the 'can be' here is crucial. How often have you laughed at something that you haven't actually found funny at all? How can you be sure that the person being teased is in complete understanding and agreement with the spirit intended? A person can easily feel singled out or uncomfortable with such comments but be too embarrassed or unhappy to say so.
Although strictly speaking it is not illegal to discriminate on these particular grounds (yet!) employers are encouraged to make sure that no form of discrimination takes place within their organisation. Regardless of specific discrimination laws, employers are already liable if they permit bullying or harassment. And after all, a happy employee is going to be far more productive than an unhappy one, so it's in everyone's best interests.
If you would like to discuss this topic or have any concern please do not hesitate to call Helenna on 01404 42359 or email helenna@hradvantage.co.uk.
