Equality and diversity in graduate recruitment

Find out why graduate employers care about equal opportunities and diversity, what they are doing to prove it and what it will mean for you.

The vast majority of graduate employers are keen to promote equal opportunities in the workplace. Being discriminatory, closed minded or exclusive is often against the law, and rarely makes good business sense. In contrast, having a diverse workforce means employers can take advantage of a wider range of unique knowledge and skills, while promoting modern, acceptable working practices.

Discrimination is the act of singling out an individual on the basis of a characteristic which is not relevant to their ability to do the job. It can be both negative and positive. One example of ‘positive discrimination’ would be if a company decided to employ (for example) a candidate from a group of equally qualified applicants purely on the basis of the ethnicity. ‘Positive discrimination’ is illegal, but ‘positive action’ – attracting and promoting opportunities to candidates from a group who are under-represented in that field – is not.

What diversity means for you

Equal opportunities should be a consideration for any job search. You may not think you are at risk from discrimination, but factors like age, marital status, pregnancy or disability are all now covered by equality laws. What is more, working in a company where other people suffer from discrimination can be just as uncomfortable. Knowing how seriously a company considers diversity could make a real difference to whether you would be happy working there. What is more it will give you an indication of the culture and values of the employer.

The issue of equal opportunities was covered by the Equality Act, which came into force between October 2010 and April 2011. Its goal was to consolidate and expand on the previous legislation. Equal opportunities law now covers:

• age
• disability
• ethnicity
• gender
• gender reassignment
• religion or belief
• sexual orientation.

In many cases the laws use the same terminology. One example would be ‘objective justification’ for discrimination. In order to justify discrimination the employer has to prove that there is a genuine business reason for the discrimination and that there is no reasonable alternative.

age | disability | ethnicity | gender | gender reassignment | religion or belief | sexual orientation | find out more

Age equality

In recruitment, young applicants have traditionally been viewed as quick learners with less on-the-job knowledge, while older applicants were thought savvy but resistant to change. However, studies show that age does not affect someone’s working effectiveness, and organisations are recognising that age can no longer be seen as a criterion for selection.

Current laws state that age cannot be a deciding factor in recruitment decisions.

Employees cannot be overlooked for promotions or management positions because of their age. Employers can no longer request applicants for their ‘young, dynamic workforce’, or advertise a job to suit ‘a mature professional with ten years’ experience’, unless they can prove these are essential to the job.

Age and employment law

• It is only permissible to treat job applicants differently on the grounds of age if the job requires an age-related characteristic and this is a ‘genuine occupational requirement’.
• Indirect discrimination is also covered, whereby an employer applies a provision, criterion or practice which puts people of a particular age group at a particular disadvantage. Job applications may still ask for your age, but this should only be as part of their equal opportunities monitoring forms and not the selection criteria.
• Employers can no longer treat a job applicant or employee less favourably than they would treat people of a different age. This also includes discrimination based on apparent age – so if you look 18 when you’re actually 28, and are treated less favourably because of this, then the employer would be breaking the law.
• ‘Length of service’ can be used as a criteria to give employees benefits or bonuses, provided that the period given is no more than five years, subject to objective justification.

Disability equality

Government initiatives mean that disabled people are increasingly better protected from workplace discrimination. The Disability Discrimination Act identifies a disabled person as ‘anyone with a physical or mental impairment, which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities’. This includes physical impairment either caused by an accident or experienced from birth, and mental impairment, such as learning disabilities like dyslexia.

Job opportunities have increased, thanks to a slow but steady stream of government and employer initiatives, such as the Access to Work scheme, an initiative run through Jobcentre Plus that provides financial assistance towards the extra costs of employing someone with a disability.

Disability and employment law

• It is now illegal for a third party, such as a newspaper, to publish an advert that is discriminatory against disabled people. This also now includes people who have some forms of cancer, HIV/AIDS and multiple sclerosis.
• The employer has a duty to make ‘reasonable adjustments’ to premises and working practices to ensure that disabled employees are not at a substantial disadvantage. This covers almost every aspect of employment, including recruitment, contracts, promotion, unfair treatment, harassment, victimisation and unfair dismissal.
• If the disability has a genuine significant adverse effect on an applicant’s ability to do the job that can’t be remedied by a change in equipment or alteration to the buildings, then they won’t be protected by the law in getting the job.
• There is a legal requirement to ensure that arrangements for interviews and assessment centres do not put applicants with disabilities at a disadvantage.

Ethnic equality

Instead of using “race” to define groups of people, we should use “ethnicity”, which relates to subscribed culture rather than biological attributes.

Half of all new jobs over the next ten years will go to ethnic minorities.

The business case for accepting ethnicity in the workplace couldn’t be stronger. More and more of the working age population come from ethnic minorities every year. Those employers who continue to overlook applicants on the basis of their ethnicity, or hamper employees’ career progression are not only breaking the law but also considerably reducing the talent they have to select from.

Unfortunately some employers still use race as a defining characteristic, and this is why equal opportunities questionnaires sometimes use factors like region, skin colour or religion (rather than culture) to determine someone’s ethnic identity. If you feel none of the categories suit you, then there is usually an “other, please specify below” option.

Initiatives such as TARGETchances are essential in breaking down the barriers in recruitment. These events allow students to learn more about traditionally “white British” professions, such as law, finance and professional services, as well as providing ideal networking opportunities to help you find the right job.

Ethnicity law

• It is illegal to discriminate against someone on the grounds of colour, nationality (including citizenship), ethnicity or inherited nationality.
• In some cases there may be a ‘genuine occupational requirement’ for using discrimination to select a candidate. For example, a black actor may be needed to play a particular character in a film.
• The Commission for Equality and Human Rights (CRHE) (formerly the Commission for Racial Equality) has published a Code of Practice which, though not legally binding, acts as a benchmark and guide for best practice and may be taken into account by the courts.

Gender equality

According to the Women and Work Commission, just three years after graduating, women earn 15% less than their male counterparts.

Graduate employers normally aim to recruit equal numbers of men and women. Positive moves are still being made, but the gender divide does still exist. Sectors such as the built environment, IT and engineering are particularly lacking in women, while teaching, human resources and nursing have a shortage of men.

Men and women are entitled to exactly the same wages if they perform the same or similar work, work rated as equivalent in a job evaluation study by the employer or work which is deemed to be of equal value.

Gender and employment law

• It is unlawful for employers to discriminate between men and women in terms of their pay where they are doing the same or similar work or work of equal value. This covers bonuses, overtime, holiday pay, sick pay, performance-related pay or occupational pensions.
• There are exceptions if the gender of the worker is a ‘genuine occupational qualification’. For example, a female model for women’s clothes or a male care assistant whose job involves helping men dress or use the bathroom.
• The main grey area of the law is ‘indirect sexual discrimination’, which is far more subtle. Indirect sexual discrimination is where a condition or practice adversely affects a considerably larger proportion of one sex than the other, and it’s not justifiable to apply that condition or practice.
• Pay secrecy contract clauses cannot be enforced to prevent someone investigating a ‘protected characteristic’ like sex.
• Some voluntary or not-for-profit organisations are allowed to restrict their membership and services to one sex.

Gender reassignment equality

While transsexual or transgender discrimination is now covered by the Equality Act, most organisations deal with it under gender or sexual orientation law.

According to The Gender Trust, a transsexual is someone who wants to continue their life as a member of the opposite gender and either has, or intends to undergo gender confirmation surgery. In contrast, transgender people live life as a member of the opposite gender, but with no intention of undergoing surgery.

Most employers have a positive policy towards recruiting transgender and transsexual people. However, evidence suggests that there is a significant amount of discrimination. It may not be a blatant or intentional discrimination, but rather a lack of awareness of the issues surrounding transsexual and transgender people.

Gender reassignment law

• Disclosure is at your own personal discretion. You are not legally required to disclose your circumstances, unless an employer can prove a ‘genuine occupational requirement’ (for example, being required to search people intimately, or provide support as a personal carer).
• If the role can be altered so that any tasks which would be a genuine occupational requirement can be reallocated to other individuals, then the employer is obliged to do that.
• Public authorities are obliged to prevent trans-phobic behaviour directed at any employees, or any of their family, friends and associates.

Religion or belief equality

It is illegal for employers to discriminate against an individual on the grounds of their religious or philosophical beliefs. What these beliefs are is not specifically defined by law, but it includes all major religions and philosophies, as well as those less widely practiced.

Political beliefs are not covered and membership of some parties (for example the BNP) can still be grounds for dismissal.

You are also covered if you have no beliefs, or if you choose to follow a religion differently. Beliefs such as atheism and humanism are both covered by this law.

If you have any particular reservations or observations which you believe might affect you while at work then you should share these with your manager so that they can take them into account. For example, if company employees regularly attend lunch meetings, a Jewish employee might request to go to restaurants which meet their dietary requirements.

Religion or belief law

• An employer is not obliged to provide time off or space for religious observances, but is advised to do so wherever possible.
• The dress code should be flexible enough to allow religious dress to be worn, as long as it does not breach health and safety requirements.
• Dietary requirements should also be taken into account sensitively. Wherever possible the employer is obliged to help the employee meet their dietary needs, and to warn them if they cannot me met.
• A job could be advertised to believers of a particular religion, if the employer could prove that there was a genuine occupational requirement to follow that religion. For example, if there was a charity which worked closely with followers of a particular belief, they could look for people of that persuasion.

Sexual orientation equality

When you’re looking at employers, try to do some research to find out their attitude towards sexual orientation. Find out:

• Does their equal opportunities policy cover sexual orientation?
• In larger companies, is there a Lesbian, Gay, Bi and Trans (LGBT) group or network?
• Do they offer equal benefits for all employees?

Only 11% of lesbians, gay men and bisexuals have never concealed their sexuality at work.

Some employers monitor sexuality but it’s usually a sign that they care about diversity. If you’re concerned, ask why they want to know. If their response isn’t satisfactory, don’t answer. You are not legally required to disclose anything.

Many employers are making huge strides towards diversity. Even the armed forces and the police force, once renowned for their homophobia, now encourage lesbian and gay applicants.

Sexual orientation and employability law

• The Civil Partnership Act has had an impact on working life as well as private life. Occupational pension schemes that include married partners must now be available to civil partners too.
• The law not only covers discrimination towards gay or bi employees, but people who have been assumed to be gay or bi, and people who have gay friends or visit gay clubs.
• Sexual orientation law also covers heterosexual employees who face discrimination from homosexual employers or co-workers.
• As well as direct or indirect discrimination, harassment, or victimisation, it is also illegal to have at atmosphere which (for example) condones the telling of homophobic jokes. Even friendly banter is theoretically against the law.
• Companies are as responsible for their employees’ actions as the employees are themselves.
• Employers should be protected from abuse by third parties such as contractors or customers.
• Any benefits that are available to married employees should also be available to those who are in a civil partnership.

Finding out more about equality

The current equality laws are not designed to be a permanent fix, and it is likely that they will change over time. For up-to-the-minute advice and updates visit the Equality and Human Rights Commission website.

Acas also has advice and guidance on equality. However, if you have particular concerns about any of the above areas in relation to graduate recruitment, your university’s careers service should be able to provide you with more specific guidance, tailored to your specific circumstances.