Managing diversity: jargon buster

Section 8 of the Personnel Today Management Resources one stop guide on managing diversity. Other sections .
 


Use this section to

Look up commonly used jargon in diversity management

Bullying

The Acas definition of bullying is often used in employment tribunal cases: 'Offensive, intimidating, malicious or insulting behaviour, involving an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient."

Disability

The Disability Discrimination Act defines a 'disabled person' as an individual with a "physical (including sensory) impairment or mental impairment which has a substantial and long-term adverse effect on his/her ability to carry out normal day-to-day activities"

Discrimination (as defined in SDA/RDA)

Direct discrimination occurs where on the grounds of sex, marital status, or race, a person is treated less favourably than a person of the opposite sex, a single person or a person not of the same racial group

Diversity

Diversity includes all ways in which people are different, not just the more obvious ones of gender, ethnicity and disability - as such it is relevant to everyone.

Employment tribunal

Employment tribunals are judicial bodies established to resolve disputes over employment rights. The tribunal panel is typically made up of a chairperson who is qualified in law, and two lay persons.

Equal opportunities

Treating everybody fairly and equally regardless of their background or lifestyle.

Equality target

A forecast or estimate of the percentage of ethnic minority employees, women or people with disabilities that employers aim to have in their workforce by a specified date.

Equality quota

A requirement that a certain percentage of jobs must be reserved for under-represented groups. This is unlawful in the UK.

Ethnic origin

It has been held that a group has an ethnic origin if it has a long-shared history and a cultural tradition. Additional relevant characteristics are:

  • A common geographic origin or descent from a small number of common ancestors

  • A common language not necessarily peculiar to the group

  • A common literature peculiar to the group

  • A common religion different from that of the neighbouring or surrounding community

  • Being a minority or being in an oppressed or dominant group in a large community.

    It has been held in the courts that sikhs are an ethnic group, as are jews and gypsies, but at present rastafarians have been held not to fall within what can be considered an ethnic group.

    Flexible working

    A policy which aims to meet the needs of individuals and business by enabling employees to consider more creative ways of undertaking their roles. Employers will be able to attract and retain quality staff through considering options such as variable hours, teleworking and job sharing. Businesses will be able to service the needs of a 24-hour market through retaining a flexible workforce.

    Gender reassignment

    A process undertaken under medical supervision for the purpose of reassigning a person's sex by changing physiological or other characteristics of the sex and includes any part of such a person.

    Genuine Occupational Qualification (GOQ)

    GOQs are legitimate forms of discrimination that allow job offers to be restricted to applicants from a particular group in certain circumstances. GOQs may be appropriate for the following reasons:

  • Authenticity (for example, a part in a play is required to be performed by a man/woman/black person)

  • To create a particular mood or ambience (for instance, a Chinese restaurant may advertise for Chinese waiters and waitresses)

  • To provide personal services (for example, male applicants may be required where the job is at an all-male institution such as a prison).

  • Other reasons may include duties outside the UK and where the vacancy is for a married couple. In all cases it is necessary for the employer to show that the criteria set out are essential for the particular job.

    Harassment

    Harassment is defined in the Race Relations Act 1976 (Amendment) Regulations 2002 as being unwanted conduct which is intended to, or which creates the effect of violating a person's dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for that person.

    Indirect discrimination

    This includes practices which look fair, but which have discriminatory side effects that may or may not be intended. It covers the application of a requirement or condition which, although applied equally to everyone, has a disadvantageous effect on people of one sex or ethnic group, because a considerably smaller proportion of them can comply with it and its use is not justified by a 'real need', such as the requirements of the job.

    Managing diversity

    The basic concept of managing diversity accepts the workforce consists of a diverse population of people. The diversity consists of visible and non-visible differences which will include factors such as sex, age, background, race, disability, personality and work style. It is founded on the premise that harnessing these differences will create a productive environment in which everybody feels valued, where their talents are being fully utilised and in which organisational goals are met.

    Positive action

    While the law is based firmly on the principle of non-discrimination it also provides for certain types of positive action to help address issues arising from past disadvantage. These include special encouragement to people of a particular race or sex to apply for particular work in which they have been under-represented, or training for one sex or racial group. Positive action does not extend to selection for jobs.

    Positive discrimination

    Preferential treatment of minority groups in selection is called positive discrimination and constitutes unlawful discrimination in the same way that preferential treatment of someone from a majority group would constitute unlawful discrimination.

    Prejudice

    A rigid set of attitudes directed for or against a particular set of people

    Reasonable adjustment

    A reasonable adjustment is any step or steps an employer can reasonably take to prevent arrangements made by them or physical features of premises occupied by them from putting a disabled person at a disadvantage in comparison with a non-disabled person.

    Sexual orientation

    Sexual orientation refers to a person's sexuality. Commonly used terms for people whose sexual preference is for people of the same sex as themselves are homosexual, gay and lesbian.

    Stereotype

    A set of beliefs about a group of individuals.

    Vicarious liability

    The essence of the doctrine of vicarious liability is that employers are liable for the acts of employees in the course of employment, whether or not they were done with the employer's knowledge or approval, unless it can be proved that the employer took such steps as were reasonably practicable to prevent the employee from doing that act.

    Victimisation

    Victimising someone because they have made a complaint of discrimination, or are thought to have done so; or because they have supported someone else who has made a complaint of discrimination.

    Work-life balance

    Maintaining a healthy balance between work and personal commitments.

    One stop guide to managing diversity: other sections

    Section 1: Why is diversity a priority
    Section 2: Legislation
    Section 3: The business case
    Section 4: Developing a diversity strategy and policy
    Section 5: Implementing a diversity strategy
    Section 6: Case studies
    Section 7: Resources
    Section 8: Jargon buster