The myriad laws surrounding discrimination can make employers nervous about diversity in the workplace, as even those with the best intentions can find themselves in hot water. Louise Druce looks at why the issue is no longer black and white.

Mention diversity in the workplace and HR can probably rattle off their policies towards recruiting more women or people from ethnic minorities, or how they’ve been encouraging older or disabled workers into the workforce. But evidence shows many companies still haven’t got past the paperwork.

Figures from the Chartered Institute of Management (CIM) revealed that last year, claims of sexual discrimination rose by 2524 to 14,250, while racial discrimination cases increased by 786 to 4103. And with the advent of the recent age legislation, things are set to get extremely costly for employers.

It could be argued the rise in claims is due to a greater awareness of the laws surrounding discrimination but Jo Causon, CIM’s director of marketing and corporate affairs, puts the resistance to change in organisations down to a lack of understanding of the benefits diversity can bring. Her advice is for companies to ensure diversity policies are clear and well communicated to staff, or risk losing out on the performance gains it can generate.

“A lot has to come from the line management side because if it is only on the HR agenda, it may not be not taken as seriously or become more of a procedure than a way of doing things,” agrees Donna Miller, Enterprise Rent-A-Car HR director, Europe, and an Association of Graduate Recruiters board member.

However, even the firms who have more widely embraced diversity are struggling to push this talent pool to the top. The Chartered Institute of Personnel and Development (CIPD) has identified what it calls ‘the glass cliff’ impeding career progression effecting anyone who doesn’t meet the ‘standard idea’ of a heterosexual, white male workforce.

“We cannot and should not depend on legislation as the only lever for making progress,” says CIPD diversity advisor Dianah Worman. “Research shows that leading edge employers on diversity don’t just seek to comply with the law but tailor good employment and working practices to support business goals.”

A step too far?

But just as a lack of diversity awareness can create problems, overzealous attempts to embrace diversity can land employers in just as much hot water. An article in the Daily Mail earlier this month claimed that 18-year-old science student Abigail Howarth was told not to bother applying for an Environment Agency training programme because her ethnic background was white English. A technicality meant applications from white Welsh, Scottish or Irish people were allowed, though, leading to questions about recruiting so-called under-represented ethnic groups.

According to the Commission for Racial Equality (CRE), if there is proof that white groups, other than English, are under-represented in the work being applied for, this sort of action is lawful. However, if there is no statistical evidence of this then they should not have been included in the group.

A spokesperson for the CRE said it would be inappropriate to comment on whether the Environment Agency scheme was lawful without reviewing the evidence, adding: “The CRE has no power to endorse positive action initiatives [those that seek to address under-representation of ethnic minorities in certain sectors] and would not have endorsed such a scheme because it could be a conflict of interest.”

Nigel Lynn, divisional managing director of recruiters The Carlisle Group, believes, however, it’s a case of the mania surrounding diversity getting out of hand. “Firms need the best candidates to run an efficient business, irrespective of their ethnicity,” he says. “Quotas are outdated and totally unworkable, and the quest for equality has gone mad. There is a fine line between encouraging diversity and discrimination.

“With so many rules, we seem to have forgotten the point, which is that the talented people we need to recruit come from different backgrounds and it is all about offering these people the best opportunities. We need to remember that brains don’t have a colour.”

Positive approach to diversity

Rather than being scared of doing the wrong thing, employers need to think about positive ways they can approach diversity. For example, Miller recommends casting the net wide to “fish where the fish are” – in other words, don’t limit yourself to recruiting from one source. Enterprise Rent-A-Car works extensively with organisations such as the Asian business club to talent spot.

Costly cases

• £17,960 – the highest average compensation in multi-discrimination cases




• £16,962 – average disability discrimination compensation




• £13,260 – the average award for successful discrimination claimants

Source: Equal Opportunities Review

She also advocates employee referral programmes as a great way to encourage suitably qualified staff acquaintances to get involved with the company. Although she adds a note of caution that these sorts of programmes can backfire if your workforce is predominantly made up of white males, for instance.

“Having a diverse workforce makes for a better environment because the world is very diverse and it mirrors what is happening,” Miller says. “It reflects our customer base.”

The CIPD has also identified three core issues that employers need to address to break the diversity glass ceiling. The first is managing differences: employers should treat marginalised groups fairly when recruiting by addressing their different needs and providing relevant and adequate support. Secondly, they need to focus on abilities and strengths, i.e. relevant skills, experience and qualifications, without stereotyping talent.

Finally, diversity education is needed. Employers and employees need a better understanding of what managing diversity is about and why it makes business sense to take advantage of it, rather than ignore it as a ‘perceived problem’.

“To attract and retain talent, employers need to be aware the impact negative experiences can have on people’s performance and take appropriate action to address them,” Worman adds.

“There is growing evidence that a positive approach to diversity can bring real business benefits – these important messages, together with guidance about how to make progress, need to be communicated to employers and more work needs to be done to find practical interventions that fully engage workforce diversity.”

More information can be found at:
www.managers.org.uk(Chartered Management Institute)
www.acas.org.uk (Acas)
www.eoc.org.uk (Equal Opportunities Commission)