Equality Legislation and Diversity - Last Modified 22/02/2007

As a Recruitment website, we have a responsibility to be aware of legislation that can impact the recruitment process. It is also important to recognise the benefits of employing people from a variety of different age groups, races, ethnic backgrounds and nationalities. Employing people from different groups can bring fresh, creative, original ideas and novel ways of working.

A number of legislative acts have come into force since the 1970s to prevent employers discriminating against certain groups of people. Direct discrimination is less common than it used to be, but it is still easy for recruiters to discriminate against someone indirectly.

When posting job advertisements on Jobs2View you must comply with the following acts;
  • Age Discrimination
  • Disability Discrimination
  • Race Discrimination
  • Sex Discrimination
In some instances you may have a legitimate requirement for an employee from a certain age, sex, or race, in which case you will need a Genuine Occupational Qualification.

We review the quality of job advertisements on Jobs2View on a daily basis and job advertisements found that breach any of the above acts will be removed from the website and this could result in accounts being suspended.

The Employment Equality (Age) Regulations Act was introduced on 1 October 2006 to comply with the EU's directive on equal treatment in employment. Ageism has been found to be the most common form of discrimination in the workplace.

The legislation will make it unlawful to discriminate against individuals of the basis of age in recruitment and employment except when this can be objectively justified.

When searching for candidates in Jobs2View, clients may choose to do so by means of number of years of experience of specific skills held by the candidate. If the Client chooses to search candidates in this manner, it is responsible for any liability for discrimination in its search. For example, the client must be able to prove that the minimum years of experience searched for is acceptable and objectively justified, and is not therefore discriminatory in terms of age.

More information about the new legislation covering age discrimination can be found at http://www.dti.gov.uk/.

The Disability Discrimination Act of 1995 defines disability as 'a physical or mental impairment which has a substantial and long term adverse effect on a person's ability to carry out normal day to day activities'. All companies must now adhere to the Disability Discrimination Act, in relation to making reasonable adjustments with regards to access to services or the workplace.

More information about disability discrimination can be found from the Disability Rights Commission at http://www.drc-gb.org/.

The Race Relations Act (RRA) was introduced in 1976 making discrimination on the grounds of race unlawful. The Race Relations Act (2000) covers five main areas and makes it illegal to discriminate on the grounds of nationality, race, colour, ethnic origin, religion and belief. There are four forms of indirect discrimination which are considered unlawful under the RRA. These are:
  • Language Restrictions
  • Geographical Location
  • Qualifications
  • Dress Code
The Commission for Racial Equality has published a Code of Practice that acts as a guide on best practice. For more detailed information please visit http://www.cre.gov.uk/.

The Sex Discrimination Act (SDA) came into force in 1975. The SDA makes it unlawful to discriminate on the grounds of gender, gender reassignment, pregnancy, maternity or marital status. The Equal Pay Act of 1975 states that men and women must be paid the same when they are doing equal work. In 2003 it became unlawful to discriminate against an individual on grounds of sexual orientation under the Employment Equality (Sexual Orientation) Regulation.

There are three forms of indirect discrimination which are considered unlawful under the Sex Discrimination Act. These are:
  • Height Restrictions
  • Job Titles
  • Work History
More information about sexual discrimination and equal pay can be found from the Equal Opportunities Commission at http://www.eoc.org.uk/.

If you have any further questions about discrimination or advertising jobs on Jobs2View then please e-mail us at help@Jobs2View.com or call us on 0844 800 8189.