Management Clinic: Equal opportunities in working practice

It is amazing that discrimination against any minority, religion or belief still occurs today.

Company bosses are in the front line when it comes to preventing discrimination. All workers should be treated equally, whether at interview or on the job. Legislation prohibits discrimination on racial grounds or against a racial group; these grounds are defined as meaning a person's colour, race, nationality or ethnic or national origins. A racial group is defined as meaning any group of persons defined by reference to colour, race, nationality or ethnic or national origins.

One of the most controversial bases upon which a racial group may be established is that of ethnic origin. Usually, for a group to be regarded as an ethnic group, employment tribunal cases have established that it should have a number of characteristics. Tribunals have, in appropriate instances, found that Gypsies, Irish, Jews, Sikhs and the Welsh constitute racial groups. On the other hand, Rastafarians and Jehovah's Witnesses have been found not to constitute racial groups (although they would be protected by legislation on religion and belief). The former Racial Equality, Equal Opportunities and Disability Rights Commissions, which are now merged into the Equality and Human Rights Commission, have issued codes of practice for eliminating discrimination on the grounds of race, sex and disability and to promote equality of opportunity in employment.

Equal opportunities monitoring forms should be issued with all application forms and, when returned, should be separated immediately - before any selection decision is made. Employers will then be able to compile a report showing the ethnic or national origins and gender of all applicants, those who are short-listed and those who are eventually offered employment. This will enable employers to demonstrate that the people to whom employment is offered are a true representation of those who apply.

The form can also be used to determine the background of an employer's existing staff, thus measuring if they are representative of the community in which the organisation is placed. Most importantly, the form is a statement that the organisation is an equal opportunities employer. You should use the form and keep the results of the recruitment analysis on record for a minimum period of nine months and even longer where possible.

It is vital that you show yourself to be a proactive employer in enforcing your anti-discrimination policy so that, should you come up against a case at tribunal, you have evidence to show that you are an equal opportunities employer.

Employers should check their recruitment procedures, including the details of any job advertisements, job descriptions and person specifications to ensure that they do not discriminate.

Employers should ensure that all employees are made aware of discrimination and that those conducting interviews and making recruitment decisions are aware of the equal opportunities policy - they should have training where appropriate. Employers should also ensure that all of their workers understand that harassment and victimisation are unacceptable and unlawful, as well as made aware of any policies you have in regards to equality and equal opportunities.