Roxane Gervais, Health & Safety Laboratory, UK
Contents
Introduction
Discrimination involves less favourable
treatment of one person than another. This may be due, for example, to the
other person's age, sex, religion or disability; and may involve more than one
characteristic, which may, in turn, lead to multiple discrimination. There are
European Union (EU) laws to protect people from differential treatment within
the working environment. However, changes promoted at the macro level also need
to be accepted at the micro level (i.e. both within organisations and among
individuals). Training, leadership, communication about acceptable behaviour
paired with a zero tolerance policy are all important in changing disruptive
and stress-inducing practices in the workplace such as discrimination.
Implementing such workplace practices will reduce, in turn, the organisational
cost that this incurs.
What is
discrimination?
Discrimination occurs when one person is
treated less favourably than another. Although this can happen both within and
outside work, this article will centre on the work environment. There are various characteristics
that influence discrimination, and include:
- Sex
- Age
- Race/Ethnicity
- Sexual orientation
- Disability
- Religion
Since 1976, the European Council has
promoted the principle of equal treatment for men and women in respect to
working conditions (European Council, 1976). This principle was amended to
include an EU definition of discrimination related to gender. The EU definition
is two-fold, focusing on both:"direct discrimination: where one
person is treated less favourably on grounds of sex than another is, has been
or would be treated in a comparable situation', and on indirect discrimination:
where an apparently neutral provision, criterion or practice would put persons
of one sex at a particular disadvantage compared with persons of the other sex,
unless that provision, criterion or practice is objectively justified by a
legitimate aim, and the means of achieving that aim are appropriate and
necessary"(European Council, 2002). The Directive covering
discrimination continues to be updated to cover all of its aspects (European
Council, 2006).
Although discrimination may happen for
only one reason (such as for age or race), there are situations when it may be
based on more than one characteristic; and so this may give rise to multiple
discrimination. For example, a woman who is both deaf and a lesbian, may be
discriminated against because of her sexual orientation,
her disability and her sex. Multiple discrimination is more likely to be found
in the workplace,
and it is important to acknowledge these occurrences and to find ways to
eliminate them in order to promote a healthy work environment. Discrimination
may facilitate acts of harassment, as
well as violence due to
its 'unfair' nature.
Within the respective EU-27 Member States,
there is evidence that unfair courses of action exist within societies and
organisations. These can consist of discrimination due to: ethnic origin, age,
and disability. In general, levels of discrimination are perceived to be on the
increase due to the present economic crisis.
Individual perceptions may help to drive such actions. The results of a survey,
across all 27 EU Member States, found that a candidate's ability to do a job
was not the only factor believed to influences their success in gaining that
position. Candidates may be disadvantaged by their appearance: including, the
way they dress and their age (mentioned by 48% of respondents), followed by
skin colour or ethnic origin (38%), having a disability (37%), and their
general physical appearance (36%).
Sex
Sex, inclusive of gender, was one of the first areas to be covered
by legislation. The legislation has been adjusted as the structure of the
workforce has changed; for example, more women are/have been entering the
workforce, and legislation now makes special reference to pregnant women, as
women who have just had a baby or are pregnant may experience discrimination in
the workplace. In 2005, in the United Kingdom, a report by the Equal
Opportunities Commission (EOC) showed that 50% of pregnant women did not
receive a risk assessment at work and an estimated 30,000 women lose their jobs
each year due to their pregnancy, with only 3% of those experiencing a problem
lodging a claim at an employment tribunal. Further, women in the early stages
of their career (such as, those with less than one year's service) are
particularly vulnerable to losing their jobs. The EOC study demonstrated that
16% of women who became pregnant during their first year of their employment
were either: dismissed, made redundant, or treated so badly that they resigned.
This percentage is much higher than for those with longer service (6%) who lost
their jobs due to pregnancy.
As aforementioned, more women are entering
the labour force. Women continue to bear the primary responsibility of the care
of dependents (childcare and care of the elderly) and domestic duties; and this
can be a substantial challenge for women who work. Many of these women are
increasingly experiencing another form of discrimination: family
responsibility discrimination (FRD). FRD includes differential treatment,
differential impact, harassment, failure
to promote, retaliation and gender stereotyping of individuals who have
care-giving duties within their families. Men who care for children and the
elderly also tend to be discriminated against in this way. This is not
EU-specific, and research from the United States has shown perceived FRD to be
related to lower job satisfaction, lower organisational attachment, higher
turnover intentions, higher work-family conflict and lower use of benefits
(such as, flexible working, subsidised child care and leave of absence.
Age
The ageing
of populations influences the composition of those available for work, with an
increasing proportion of older workers needing to or wanting to work longer.
This group of workers may feel discriminated against because of their age, but
they are not the only ones to experience discrimination. Younger people are also subject to the pressures
of the work environment, and may even be more susceptible to unfair treatment
than their older colleagues (Employers Forum on Age (EFA), 2006).
Age discrimination, within the working
environment, cuts across six essential elements (promotion, training,
development, development appraisals, wage increases and change processes); with
older workers less likely to be considered for these courses of action that
facilitate overall employee development. It may also hinder interpersonal
relations and reduces the sense of competence; thereby reducing integration
into a good work environment. Furunes and Mykletun (2010) examining age
discrimination (in Norway, Sweden and Finland) observed that men were more
likely to be discriminated against due to their age, than were women. They also
highlighted the fact that discrimination due to age could lead to lower levels
of self-efficacy, work ability, work motivation, organisational commitment, job
and life satisfaction, social climate and support from co-workers and
superiors; as well as higher levels of stress and sickness absences.
Race
Individuals have long been discriminated
against because of their race, and despite the relevant legislation to
eliminate such practices this continues to occur. In the UK, individuals of
African and Caribbean origin are subjected still to discriminatory hiring
practices; which result in them experiencing high unemployment rates and being
concentrated in low-skilled, low-paid jobs. Results from the 2005 Citizenship
Survey demonstrated that individual from these groups in the UK were more
likely than others to have been refused or denied a job in the past five years.
In the US, black women also tend to experience pay discrimination and receive
less remuneration than white colleagues, especially their white male colleagues.
Throughout Europe, the Roma people
experience high unemployment rates (ranging from 50 to 90%) often associated
with extreme poverty. This group is the largest ethnic minority group in
Europe, totalling about 10 million people. They are part of the increasing
proportion of migrant workers
across Europe, which at present stands at 10%. Due to their 'status' they are
limited in their choice of employment and access to the labour market.
Governments in some EU countries use work permits to restrict foreigners to
specific jobs, while in other countries migrants may be confined to a specific
region of the country.
When migrants do find work it is usually at a lower status than in their home
country. An assessment of 2005 EU Labour Force Survey data (Austria, Belgium,
Czech Republic, Denmark, France, Greece, Hungary, Luxemburg, The Netherlands,
Portugal, Spain, Sweden and United Kingdom) show that only 42% of highly
educated working migrant women are employed in high-skill occupations, with a
significant percentage (26%) being employed in low-skill sectors.
These sectors include the cleaning industry, which employs a high proportion of
workers from ethnic minorities and migrant workers (Krause et al., 2010).
Furthermore, the latter group may work without adequately understanding the
instructions of the trainer or employer, which may exacerbate the bad and
precarious working conditions; resulting in low health and safety levels and
conditions of their jobs.
Migrant women workers often complain of
marginalisation, exploitation, racism, discrimination, sexual harassment, precarious employment,
contract violations, lack of proper hygiene and nutrition, lack of rest, and
longer hours of work without compensation (Convention on the Elimination of All
Forms of Discrimination against Women, 2006). Eurostat data (2005) have shown
that migrant workers usually have worse employment rates than nationals, with
migrant women who are non EU-25 citizens likely to have up to 1.5 to 3 times
higher unemployment rates compared with migrant men in Greece, Finland and
Portugal.
Difficulties in gaining and keeping employment could significantly affect the
mental health of migrant and refugee women.
Ethnicity and race are also factors in business
discrimination, despite the importance to economies of ethnic groups. One
study, conducted by the Centre for Women's Business Research in partnership with
Babson College in the US, showed that non-Caucasian women (e.g. women who are
African-American, Asian, Latina and other ethnicities) were starting businesses
at rates three to five times higher than other businesses. Nevertheless, once
their businesses were established their growth lagged behind that of other
firms. More specifically, the study showed the misconceptions about business
capacity that arise due to an individual’s gender (being a woman) and race, may
lead to such problems as less access to capital for business growth. This then
creates the challenge of balancing the expectations and demands of both running
a business and being part of a diverse culture. Overall this situation
discourages talented non-Caucasian women from going into business.
Sexual orientation
There is a large difference across the EU
Member States in how individuals who consider themselves as lesbian, gay,
bisexual, transsexual and transgender (LGBT) are perceived. For example,
acceptance rates of same-sex marriage ranging from 82% in the Netherlands to
11% in Romania (European Union for Fundamental Rights).
Members of the LGBT groups are mainly abused through verbal aggression (this
tends to occur within public areas, with the perpetrators typically consisting
of young men in groups), with the potential of the abuse to increase to
assaults that are more physical.
This may be one of the reasons why LGBT individuals are reluctant to disclose
their sexual orientation, as they may experience homophobia and discrimination
at work in various ways: including, direct discrimination, harassment, bullying, ridicule and being socially
'frozen-out'.
Furthermore, transgender individuals (irrespective of their sexual orientation,
whether that be heterosexual, homosexual or bisexual) tend to experience
transphobia and discrimination; because of their gender identity and its
expression, rather than their sexual orientation. However, effective employment
equality legislation tends to empower LGBT persons to complain formally, if
they experience such forms of discrimination. It is difficult to assess the
true impact of discrimination based on sexual orientation, as few studies have
researched the experiences of lesbian/bisexual women.
Disability
Within the working population, in terms of
getting a job, there is a large disparity between those who suffer from a disability
and those who do not. Only 40% of those who consider themselves as having a
disability (who total 16% of the working age population) are employed, this
rate increases to 64.2% for those who do not consider themselves to have a
disability. Furthermore, the nature of the disability affects employability.
Within Europe a person aged between 16 and 64 with any level of disability has
a 66% chance of finding a job, but this decreases to 47% for those with a
moderate disability and further decreases to 25% for those with a severe
disability. These figures may be higher if invisible disabilities, such as mental ill health
are included. In addition, women with disabilities are discriminated against
more than men with disabilities.
Religion
In 2009, on average across the EU, one per
cent of individuals felt that they were discriminated against because of their
religion or belief. In the UK, one per cent of respondents to the 2007–2008
Citizenship Survey listed religion as a reason for being refused a job, and
approximately, 3% noted religion as a reason for being turned down for a
promotion. Additionally the survey found, ethnic minority individuals who had
been refused a job were more likely than White respondents to mention religion
as a reason (5% compared with 1%).
Pay – an outcome
of personal discrimination
Pay discrimination can occur based on age,
race, disability or gender. It is especially significant for women, who earn on
average 17% less than men. This has repercussions for women, because it may
lead to more women than men living in poverty as they get older. Single mothers
and women over the age of 65 are even more likely to encounter pay
discrimination. The likelihood of poverty continues to increase as women get
older, and by the age of 75 women are 1.7 times more likely than the general
population to live in poverty. In addition to poverty, another outcome is the
decrease in output per capita within the economy due to wage discrimination, as
the number of women in the labour market decreases when they receive less pay.
Regarding other groups, research assessing
conditions in France, Germany and England shows that Muslims earn on average
almost 25% less than Caucasian groups, who may not be perceived as Muslims,
while in Brazil in South America, the earnings of mixed-race black people were
half those of Hispanics. Overall, migrant groups to the EU and across the EU
tend to receive lower wages than non-migrant groups.
Knowledge of
rights
In the EU there is a need for more
information on how to address discrimination, as only one-third of Europeans
know their rights should they experience discrimination or harassment. These
knowledge levels have not increased since 2008. This lack of knowledge also
applies to minority groups. In addition, individuals who have actually
experienced discrimination lack specific information on their rights; with only
35% of those experiencing discrimination on single grounds and 37% of those
experiencing it on multiple grounds saying that they know their rights.
Cost to the
organisation
It is difficult to get an accurate cost to
organisations of discrimination, because most abusive events are generally
under-reported in both organisations and within society as a whole; especially,
when such incidents involve LGBT individuals. Despite this lack of specific
information, it can be assumed that both the direct (such as, compensation) and
indirect costs (such as, lower productivity and the negative effects on the
company’s reputation when such claims are made) of discrimination to an
organisation are high.
Indirect costs
through poorer employee well-being
The indirect costs are high; as in
general, discrimination has adverse effects on individuals and this can have a
‘knock on’ effect to the health, productivity and resiliency of the
organisation. Exposure to discrimination has been linked with higher levels of
blood pressure, depression and anxiety, and lower psychological well-being,
overall well-being and self-esteem. In one study, perceived racism and ethnic
discrimination were found to be (negatively) associated with the psychological
well-being and general health of immigrants in Finland. Women and Black
immigrants have been reported to face the worst discrimination, and often
describe themselves as suffering from work-related stress and ill health as a
result. These physical and mental problems will impact negatively on the
organisation through increased levels of absenteeism, lower performance and
organisational commitment, and higher job turnover, with ensuing costs over the short and long-term.
Preventing
discrimination at work
The development and updating of
legislation upholds the selection and promotion of individuals in jobs based on
their ability to do the work involved. Such methods facilitate equality and
non-discriminatory practices. These legal policies work to remove such
occurrences.
The EU has implemented various directives
to stop discrimination, these include: Council Directive 2000/43/EC on the
grounds of race or ethnic origin; Council Directive 2000/78/EC which focuses on
religion or belief, disability, age, gender and sexual orientation; and equal
pay covered under Council Directive 75/117/EEC. Eurofound (2009a) provides an
overview of the various legislative processes
that prohibit discrimination based on personal and work characteristics. In
2007, the European Union established the Agency for Fundamental Rights, to
promote fundamental rights and to support the EU institutions and Member States
in raising the level of protection for everyone in the European Union.
Although EU Member States implement
appropriate legislation and continue to promote good
practices, discrimination continues to exist within the workplace.
Discrimination may occur due to lack of knowledge. If an individual accepts unfounded
perceptions and attitudes concerning race, age, or sex, then this may increase
how they treat others different from themselves. Increasing knowledge within an organisation is
one way in which employers can manage and prevent discrimination. This will
allow individuals to understand the cultures and practices of others.
Similarly, it is important to empower vulnerable groups and individuals: such
as, people with disabilities and migrant women.
At the governmental level, EU Member
States are encouraged to:
- develop, or strengthen, existing awareness-raising and training initiatives;
- specifically target public officials at all levels of government on lesbian, gay, bisexual, transsexual and transgender (LGBT) topics, and the principles and obligations regarding equal treatment and non-discrimination contained in national legislation, EU law and international human rights instruments (including case-law of the European Court of Justice and the European Court of Human Rights);
- involve LGBT organisations in the planning and implementation of such actions;
- conduct ‘diversity audits’;
- develop equal treatment and diversity policies for all grounds of discrimination in their public administration at all levels; and
- provide a ‘best practice’ example to other employers.
Governments, organisations and policy
groups, therefore, need to keep discrimination in the workplace high on their
agendas. To assist with this focus there is a need for more research,
especially regarding the following:
- statistical data regarding sexual orientation;
- multiple discrimination, particularly in the context of women from different racial, ethnic and cultural backgrounds;
- information on how and why workers interpret racial discrimination;
- and the conducting of more longitudinal studies.
This last requirement is particularly
important as the reliance on cross-sectional studies, which are in the great
majority, makes it difficult to identify multiple
discrimination.
Leadership is an essential
element in changing behaviours within organisations. If employees see senior
management engaging in non-discriminatory practices and accept that
discriminatory behaviours are not tolerated within the organisation, then such
behaviours will not occur. For example in the UK, the Health and Safety
Executive, promotes a Single Equality Scheme to eliminate discrimination.
The actions listed above should encourage
a healthier organisation in which negative
practices are reduced to a minimum, and which, if they do occur, are addressed
swiftly and fairly.
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