Discrimination law was founded on the simple concept of equal treatment. In the employment context, decisions had to be merit-based,12d blind to race or gender. There are only limited exceptions where being of a particular race or gender is a genuine requirement for the job. Also, as the law currently stands, an employer can take limited positive action to address under-representation of a particular group (for example, women) in the workforce. This can take the form of targeted advertising or training but any subsequent selection must be carried out on merit alone. The legal framework has become progressively more complicated over the last decade or so, as have awareness and attitudes towards individual rights and corporate social responsibility.
Given the subtleties of the law, in-house and private practice lawyers should be at the centre of progressive approaches to equality whether as employers themselves or as advisers to employers. This is no longer simply about avoiding or winning litigation but about understanding shifting attitudes towards the importance of the composition of a workforce. At its most extreme, employers who fail to take note could find themselves excluded from contracts with the Government or major companies.
