Is discrimination law in the UK hindering the progress of equal opportunities?

A new report from the Chartered Institute of Personnel and Development suggests that there is a growing need to take stock of the way law has influenced the progress of equal opportunities. Is it possible that current discrimination law is becoming an obstacle to employers who would otherwise embrace the need for progress in the area of diversity? How can we design law to help drive progress in diversity?

’Does the law work or doesn’t it?’ is the question that runs through the report. The current climate is right for raising the level of debate. The creation of the Commission for Equality and Human Rights later in 2006 heightens the discussion level about the need to simplify the legal duties facing employers.

Patricia Leighton, author of Discrimination and the Law: Does the system suit the purpose says, Evidence suggests slow progress has been made to create equal opportunities at work despite increasing legislation. We need to consider what impact litigation has on the employer. Does it daunt people and create negative attitudes towards discrimination issues? Law can produce a defensive and negative response from managers - more marked in small firms. It is equally, if not more important to support progressive employers who are committed to diversity as it is to impose sanctions on reluctant and prejudiced employers.

The report suggests bias will continue despite tight legislation unless employers understand the benefits diversity can offer. Once employers recognise how central diversity is to the way business is done they will engage and drive the change - diversity will be considered essential to the success of the business.

Underlining the CIPD’s commitment to progress in this area, Dianah Worman, CIPD Equal Opportunities Adviser, says, Managing and valuing diversity is central to good people management and makes good business sense. If an organisation fully understands and commits to the business case for diversity - as opposed to simply complying with the law and ticking boxes - then, even when circumstances change, progress in diversity will still happen.

If we are serious about the need to create an inclusive and economically successful society, sometimes we need to ask some of the unpalatable questions raised in this report. The answers will help to ensure we design legislation in the nest way to deliver a competent and diverse workforce.

If it is well designed, the law is an important lever for change. But that on its own it is not enough. What is important is a mixed menu of levers and tactics - because there is no one-size-fits-all solution to ensuring progress on diversity, and we must be open-minded enough to accept this.