- Published: December 17, 2021
- Updated: December 17, 2021
- Level: Masters
- Language: English
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Legislations Against Employee Discrimination and which Promotes Equal Opportunities and Diversity in Tourism and Related Industries Legislations Against Employee Discrimination and which Promotes Equal Opportunities and Diversity in Tourism and Related Industries The sector of tourism is an industry that needs diverse employees since it caters to people from different nations and cultures that visit the United Kingdom. Diversity in the workplace encourages a pool of various talents and skills that supplies the specific work requirements in the sector. Anti-employee discrimination and promotion of equal opportunities encourages diversity in the workplace. Diversity in the workplace must be properly managed so that the employees can efficiently work together in teams and networks regardless of age, gender or race. Diversity management on the level of the organization would need readjustment of company policies according to the new law. The latest legislation that aims to promote equality and anti-discrimination is the Equality Act of 2010 (Equality Act 2010). This Act is a comprehensive legislation that brings together and harmonises the different laws on equality and discrimination. It supercedes in whole or in part other laws such as the Race Relations Act 1976, Disability Discrimination Act 1995 (Equality Act, ACAS n. d.), Sex Discrimination Act 1975, Sexual Orientation Regulations 2003, Religion or Belief Regulations 2003 (Introduction to Discrimination n. d.), Equality Act 2006, and Civil Partnership Act 2004 (Equality Act, Home Office n. d.). The Act also enhanced protection in specific situations (Equality Act, Home Office n. d.). The law specifically identified the characteristics that should be protected such as age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, and sexual orientation (Equality Act 2010). This categorisation simplifies the law and designed to ensure a fair environment. The rights and responsibilities under the Act are varied, with some having a) remained the same (i. e. unfavourable treatment of another due to a protected characteristic is direct discrimination), b) changed (i. e. employees can complain of harassment although not directed at them if it can be shown that an offensive environment is created), c) extended as in associative discrimination (i. e. direct discrimination against a person for associating with another who exhibit protected characteristics), and d) totally new (i. e. discrimination arising from disability if a disabled person receives unfavourable treatment because of something that arise from the disability (Equality Act, ACAS n. d.). A family member, friend or coworker who is treated unfavourably for associating with a person possessing a protected characteristic is discriminated upon, e. g. discrimination of a person whose son is a homosexual (Equality Act, Discrimination 2011). An action by the organization that affects or impinges upon the rights of an employee based on the protected rights enumerated in the Equality Act would be considered as direct discrimination (Introduction to Discrimination n. d.). Direct discrimination occurs when a person receives unfair or less favourable treatment than another person on account of a protected characteristic. An application for a position that is rejected on account of sex, race or any other protected characteristic based on the information expressed therein is an example of direct discrimination. Rejection based on a protected characteristic (e. g. age or sex) must be justified. In indirect discrimination, rejecting applications in accordance with a particular requirement (e. g. career break) that impacts negatively upon the group of people possessing a particular characteristic would be indirect discrimination. A break in career would impact women who gets pregnant and delivered a baby or transsexual individuals who underwent gender reassignment. If the requirement is not justified, then the employer is liable to indirect discrimination. Discrimination by association can be exemplified by canceling the promotion of an employee on the ground that her mother who has just suffered an illness has begun living with her, which can affect the performance of her duties at the office (Equality Act, Newcastle n. d.). The Equality Act also mandates the service providers in the tourism sector to make reasonable adjustments (e. g. signage, large print registration) to ensure that persons with physical disability are not discriminated upon (Tourism, 2010). Tourism service providers comprise services in the field of tourist attractions, holiday accommodation, transportation and restaurants (Tourism, 2010). Workplaces in the sector (considered a creative industry) employ from 10 or less employees to 200 or more employees. Through positive action, diversity can be promoted in the tourism sector by target-advertising the under-represented groups with the protected characteristics. This would promote and increase the applications from the group, and in the process enhance diversity. In positive action, the applicant with the needed skills will be hired and not because of the protected characteristic. The selection though will be from among the applicants that possess the protected characteristic. Diversity encourages employees from different backgrounds, encourages new talents and new ideas, attracts more customers due to newer demographic marketing strategies, encourages retention of workers (i. e. protected-class workers prefer to work with co-employees from diverse demographics), and lessen cost of organisations due to less discrimination court cases (Jackson & Mathis 2008). Recognising diversity in organisations allows a pool of people from different cultures with varying knowledge, skills and practices. Since the tourism, events and consumer-focused industries cater to people from various cultures and backgrounds, these organisations are able to provide more personalised services to customers that come from different cultures. For instance, a Japanese tourist who can speak less English can be well attended by an employee of a Japanese descent who may know Japanese culture and language. Organisations in these industries should encourage diversity in their ranks so that they could provide services that appropriately suit the needs of diverse customers. The Act can effectively promote diversity because the employers and organisations are mandated to introduce into their company policies anti-discrimination measures. With the expanded coverage in the law, more acts are included in discrimination which if violated, will create more lawsuits and legal expenditure for the company. References Equality Act 2010. 2010. The National Archives. legislation. gov. uk. . [Accessed 9 July 2011]. Equality Act 2010 – Discrimination and your Rights. 2011. . [Accessed 10 July 2011]. Equality Act 2010. n. d. Home Office. . [Accessed 10 July 2011]. Equality Act 2010, n. d. Newcastle City Council. . [Accessed 11 July 2011]. Introduction to Discrimination Law. n. d. . [Accessed 9 July 2011]. Jackson JH & Mathis RL 2008. Human Resource Management. Thomsom Learning, Inc. . [Accessed 11 July 2011]. (The) Equality Act 2010. n. d. ACAS: Promoting Employment Relations and HR Excellence. . [Accessed 10 July 2011]. Tourism and the Equality Act 2010. 2010. Directgov. . [Accessed 10 July 2011].