An equal opportunities policy is a company’s formal document that outlines their commitment to fair

treatment of all employees, regardless of:

Age
Sex
Race
Gender Reassignment
Disability
Pregnancy
Marital Status
Religion or Beliefs

The policy also includes guidelines on what their commitment to equality looks like in practice and their
procedures for issues regarding discrimination, harassment, and related conflicts.

The purpose of the Equal Opportunity Policy is to provide transparency and accountability, throughout
your company, on what constitutes fair treatment and what is considered to be discrimination,
harassment, and harassment.

Your policy should also address both direct and indirect discrimination.

Direct discrimination means discriminating against someone because they have a protected feature
(listed above), are considered a protected feature, or are associated with the person with it. For
example, if an employee was harassed during the lunch break by other employees because of following
a particular religion, that would be direct discrimination. Indirect discrimination is when a policy, law, or
system that applies to all employees discriminates against a particular group of people. For example, it
says that your company has a healthy program that includes group trips and activities such as skiing,
mountaineering, or bowling. That is good, but it does not count those who are physically disabled who
cannot participate. This can be an example of unfair discrimination. In the UK, more than 8.2 million
workers say they have been discriminated against because of their gender, and 70% of minority groups
have experienced racial harassment in the workplace over the past five years. In your company, this
makes having an equal opportunity policy not just a good document to have, but all important in the
current working environment.

Benefits of Equal opportunity in the workplace are as follows:

Improved recruitment

As it is a legal requirement to consider all applications equally regardless of background, race, culture,
religion, language, etc., the organization can focus on assessing the talents, skills, and abilities of
applicants who can effectively contribute and make significant additions to the organization. Too often,
many organizations ignore the need for a vacant position and fail to hire the right person by hiring the
right person for the job without a test or evaluation conducted. Therefore, in Equal Employment
Opportunity policy lines, companies can spread the word about their transparent and fair recruitment
process, attract potential applicants and make unbiased recruitment decisions to hire qualified people,
and form a competent team with relevant knowledge. and the ability to perform challenging tasks to
add to the overall growth of the organization.

Increased employee engagement

Equal Employment Opportunity policies allow employees to communicate freely and participate without
discriminating against their peers on the basis of their race, gender, religion, or hierarchy in the
organization. It not only promotes respect for other employees but also breeds an open, friendly culture
that has the potential to help and encourage the work of colleagues and to integrate diversity into the
organization. Those policies, once implemented, create a healthy environment for employees to quickly
reach their subordinates and senior management and create an effective, transparent communication
system within the organization that enhances their productivity and expands the scope of information
exchange.

Greater customer satisfaction and service

Clients and stakeholders hold the organisation's firm assurance if its employees do well to contribute to
the success of the organization as it sets sound guidelines for ensuring a safe and hospitable work
environment for all. A work environment that allows for staff development around helps to encourage
employees to work more efficiently, achieve more milestones in less time, and produce better results
that ultimately lead to better customer service delivery, thus increasing customer retention and
satisfaction.

Stronger brand reputation

Employees prefer to work for organizations that are well regarded in the industry because of their firm
adherence to the principles of Equal Employment Opportunity. Policies may or may not be detrimental
to the organization's reputation. However, if implemented effectively, EEO policies add to the
organization's product recognition based on its actions in its commitment to ethical and equitable
employee conduct. Not only does it raise the morale of the workers but it also makes a huge difference
in profitability and productivity, thus increasing the total revenue. These policies have a positive impact
on the value of an entity's stock as they regulate costs associated with lower morale and revenue.

Employers or Organizations who violate federal equal employment opportunity laws risk investigation
from the EEOC, fines, lawsuits, and exposure to paying significant monetary damages to victims.

The Equality Act 2010

Although UK companies are not legally required to have an equal opportunity policy, it is highly
recommended as it supports the Equality Act 2010.
In October 2021, the UK Government passed the Equality Act 2010, a revised discriminatory law that
protects the British people from unfair treatment.

All UK citizens embrace this practice whether their company has an equal opportunity policy or not, but
having a workplace policy further enhances the protection of workers and demonstrates their
commitment to policy.

Even if you don’t see bullying in the workplace every day, it still may be a problem in your company.
According to a 2020 survey, 23% of UK workers have been bullied at work, 25% have been made to feel
left out, and 12% have struggled to make friends. Still, there are plenty more reasons to implement an
equal opportunities policy aside from addressing workplace bullying.If company shares any of the
following goals, then it’s likely time to implement an equal opportunities policy:

You Want A Better Workplace Culture

While you may think that your commitment to equality is not stated, it is better to say it anyway —
better yet, write it down. Set an example for your team members, raise awareness of inequality in the
workplace, and shed light on any perceived or negligible discrimination they may or may not have.

You Want To Reduce Workplace Conflicts

If your employees are being harassed or discriminated against in the workplace, it is time to create a
policy of equal opportunities now.

By officially declaring your commitment to equality, sharing guidelines regarding work ethic, and
explaining disciplinary procedures, all employees will know where the company stands.

You may also want to consider collaborating with the introduction of your equal opportunity policy and
employee training focused on equity, integration, and diversity in the workplace.

You Want To Increase Employee Retention

When the workplace has an equal opportunity policy in place, employees feel secure, heard, and
empowered. Employees will also stay longer at work if they feel the environment is right and safe,
especially if they identify as a minority or are a member of a poorly represented group.

You Want Legal Protection

Without an equal opportunities policy, you may face legal action against employees who’ve experienced
harassment, discrimination, or abuse in the workplace, without any official documentation that protects
you.

The 9 protected characteristics of the equality Act;

It is against the law to discriminate against someone because of:

 age
disability
gender reassignment
marriage and civil partnership
pregnancy and maternity
race
religion or belief
sex
sexual orientation

These are called protected characteristics.

Age

A person belonging to a particular age (for example 32 year olds) or range of ages (for example 18 to 30
year olds). This is when you are treated differently because of your age in one of the situations that are
covered by the Equality Act. The Equality Act has some exceptions. For example, students are not
protected from age discrimination at school. The treatment could be a one-off action or as a result of a
rule or policy based on age. It doesn’t have to be intentional to be unlawful. There are some
circumstances when being treated differently due to age is lawful, explained below.

The Equality Act 2010 says that you must not be discriminated against because:

 you are (or are not) a certain age or in a certain age group
 someone thinks you are (or are not) a specific age or age group, this is known as discrimination
by perception
 you are connected to someone of a specific age or age group, this is known as discrimination by
association

Age groups can be quite wide (for example, ‘people under 50’ or 'under 18s'). They can also be quite
specific (for example, ‘people in their mid-40s’). Terms such as ‘young person’ and ‘youthful’ or ‘elderly’
and ‘pensioner’ can also indicate an age group.

Disability

A person has a disability if she or he has a physical or mental impairment which has a substantial and
long-term adverse effect on that person's ability to carry out normal day-to-day activities.

Gender reassignment

The process of transitioning from one sex to another. This is where you are treated differently because
you are a sexist, in one of the situations set out in the Equality Act.
Treatment may be a single action or as a result of law or policy. It does not have to be intentional if it is
illegal. There are some cases where alternative treatment due to gender reassignment is legal, described
below. The Equality Act of 2010 states that you should not be discriminated against because you are a
homosexual, when your gender is different from the sex you were given at birth. For example:

 person who was born female decides to spend the rest of his life as a man

In the Law of Equality it is known as gender reassignment. All genders share the same trait of gender
reassignment. To be protected from the discrimination of reincarnation, you do not need to undergo
direct or indirect surgery to change your birthright to your preferred sex. This is because changing your
physiological or other sexual characteristics is more a personal process than a medical one.

Different types of gender reassignment discrimination:

Direct discrimination

This happens when someone treats you worse than another person in a similar situation because you
are transsexual. For example: you inform employer that you intend to spend the rest of your life living as
a different gender. Your employer transfers you off your role against your wishes because they don’t
want you to have client contact.

Indirect discrimination

Indirect discrimination happens when an organisation has a particular policy or way of working that puts
transsexual people at a disadvantage. Sometimes indirect gender assignment discrimination can be
permitted if the organisation or employer is able to show that there is a good reason for the
discrimination. This is known as objective justification. For example: a local health authority decides
that it will not fund breast implants. As a result the health authority refuses to provide this treatment for
a woman undergoing gender reassignment even though she considers it essential to make her look
more feminine. The same policy is applied to all women but puts transsexuals at a greater disadvantage.

The Harassment

Harassment is when someone makes you feel humiliated, offended or degraded because you are
transsexual. For example: a transsexual woman is having a drink in a pub with friends, the landlord
keeps calling her ‘Sir’ and ‘he’ when serving drinks, despite her complaining about it Harassment can
never be justified. However, if an organisation or employer can show it did everything it could to
prevent people who work for it from behaving like that, you will not be able to make a claim for
harassment against it, although you could make a claim against the harasser.

Victimisation

This is when you are treated badly because you have made a complaint of gender reassignment related
discrimination under the Equality Act. It can also occur if you are supporting someone who has made a
complaint of gender reassignment related discrimination. For example: a transsexual is being harassed
by a colleague at work, he makes a complaint about the way his colleague is treating him and is sacked
health authority may be able to justify its policy if it can prove that it has legitimate reasons.

Marriage and civil partnership

Marriage is a union between a man and a woman or between a same-sex couple. Same-sex couples can
also have their relationships legally recognised as 'civil partnerships'. Civil partners must not be treated
less favourably than married couples (except where permitted by the Equality Act). This is when you are
treated differently at work because you are married or in a civil partnership.

The Equality Act says you should not be discriminated against in the workplace because you are married
or socially active.In the Equality Act Marriage and Public Relations means a person who is legally married
or in a public relationship. Marriage can be between a man and a woman, or between members of the
same sex. Public relations are between members of the same sex. People do not have this characteristic
if they are:

 single
 living with someone as a couple neither married nor civil partners
 engaged to be married but not married
 divorced or a person whose civil partnership has been dissolved

There are three types of marriage and civil partnership discrimination.

Direct discrimination

This happens when you are treated worse than other workers in your workplace because you are
married or in a civil partnership. For example: a woman works night shifts in a distribution warehouse
but is dismissed when she gets married because her employer thinks a married woman should be at
home in the evening

Indirect discrimination

Indirect discrimination happens when an employer has a policy or way of working that puts people who
are married or in a civil partnership at a disadvantage. Such a policy is only permitted if your employer is
able to show that there is a good reason for it and if the implementation of the policy is appropriate and
necessary. This is known as objective justification

Victimisation

This is when you are treated badly because you have made a complaint of marriage or civil partnership
related discrimination. It can also occur if you are supporting someone who has made a complaint of
marriage or civil partnership related discrimination.

Pregnancy and maternity

The Equality Act 2010 states that you can’t treat an employee less favourably because of their
pregnancy or maternity status. This applies from the beginning of the pregnancy up to when the
employee returns from maternity leave and a few examples of this discrimination include:

 Authorising just one 30-minute break for all employees and punishing a pregnant employee
because they are fatigued and need extra time
 Disciplining an employee due to a pregnancy-related sickness absence
 Asking a pregnant employee to work while they’re on maternity leave
 Stopping an employee from returning to work because they’re breastfeeding

Race

Refers to the protected characteristic of race. It refers to a group of people defined by their race, colour,
and nationality (including citizenship) ethnic or national origins. This is where you are treated differently
because of your race in one of the situations contained in the Equality Act.

Treatment may be a single action or as a result of a law or racially based policy. It does not have to be
intentional if it is illegal.

The Equality Act 2010 says you should not be discriminated against because of your race. In the Equality
Act, race can mean your race, or your nationality (including your nationality). It can also mean your
national or ethnic background, which may not be the same as your current nationality. For example, you
may be of Chinese descent and live in Britain with a British passport. Race includes ethnic groups. This
means a group of people all with the same protected feature of race or ethnicity. A racial group can be
made up of two or more different ethnic groups, for example black Britons, British Asians, British Sikhs,
British Jews.

There are four main types of race discrimination.

Direct discrimination

This happens when someone treats you badly than someone else because of your race. For example: if
the permitting agency will not allow you an apartment because of your race, this could be racist.

Indirect discrimination

This happens when an organization has a specific policy or practice that puts people of your race in a
bad mood. For example:

The hairdresser refuses to hire a hairdresser, this will put any Muslim women or Sikh men who wear
their hair in an awkward position when applying for a position as a stylist.
Sometimes indirect racism can be allowed if the organization or employer is able to show that there is a
good reason for racism. This is known as intentional adjustment. For example:

Somali asylum seeker is trying to open a bank account but the bank says that to qualify you need to be
in the UK for 12 months and have a permanent address. A Somali man cannot open a bank account. The
bank will need to prove that its policy was required for business reasons (such as fraud prevention) and
that there was no other practical way to do so.

Harassment

Harassment occurs when someone makes you feel humiliated, angry or despised. For example:

a young British man in Asia at work has been called a racist. Colleagues say it's just ridiculous, but work
is insulted and annoyed by it

Abuse will never be forgiven. However, if the organization or employer can demonstrate that it has done
all it can to prevent its employees from behaving in this way, you will not be able to file a complaint
against it, although you may file a complaint against the abuser.

Victimization

This is when you are treated badly because you have made a complaint of race related discrimination
under the Equality Act. It can also occur if you are supporting someone who has made a complaint of
race related discrimination. For example: the young man in the example above wants to make a formal
complaint about his treatment. His manager threatens to sack him unless he drops the complaint.

Religion and belief

Religion refers to any religion, including a lack of religion. Belief refers to any religious or philosophical
belief and includes a lack of belief. Generally, a belief should affect your life choices or the way you live
for it to be included in the definition. Religion or belief is one of the nine protected characteristics in the
Equality Act 2010. People have legal protection from being discriminated against because of religion or
belief, or lack of religion or belief, under the Act. They also have an absolute right to hold (with a
qualified right to manifest) a religion or belief under Article 9 of the Human Rights Act 1998. This
protected characteristic applies to individuals who have a genuine belief in a clear religious structure like
Christianity, Judaism, or Islam. Some examples of discriminating against an employee's religion include:

 Not hiring someone because of their religion or faith

 Questioning an employee's belief or mocking it
 Not inviting an employee to a social event because they don’t drink due to their religious beliefs
 Outlining that no jewellery or religious wear can be worn during work to comply with the dress
code
 Asking all employees to work on a Sunday, which might not be possible for some employees
based on their beliefs
 Refusing annual leave for a religious holiday without a justifiable reason
 Sex discrimination

This is when you are treated differently because of your sex, in certain situations covered by the Equality
Act 2010. The treatment could be a one-off action or could be caused by a rule or policy. It doesn’t have
to be intentional to be unlawful. There are some circumstances when being treated differently due to
sex is lawful.

The Equality Act 2010 says you must not be discriminated against because:

 you are (or are not) a particular sex

 someone thinks you are the opposite sex (this is known as discrimination by perception)
 you are connected to someone of a particular sex (this is known as discrimination by
association)
 In the Equality Act, sex can mean either male or female, or a group of people like men or boys,
or women or girls.

Direct discrimination

This happens when, because of your sex, someone treats you worse than someone of the opposite sex
who is in a similar situation. For example: a nightclub offers free entry to women but charges men to get
in

Indirect discrimination

Indirect discrimination happens when an organisation has a particular policy or way of working that
applies in the same way to both sexes but which puts you at a disadvantage because of your sex. For
example: An employer decides to change shift patterns for staff so that they finish at 5pm instead of
3pm. Female employees with caring responsibilities could be at a disadvantage if the new shift pattern
means they cannot collect their children from school or childcare.

Harassment

There are three types of harassment relating to sex.

The first type of harassment is the same for all of the protected characteristics. It is when someone
makes you feel humiliated, offended or degraded. For example: A manager makes comments that there
is no point promoting women because they go off to have children. Even though he doesn't direct these
comments at a particular female employee, one of his staff is very upset by this and worries about her
career. This could be considered harassment.

The second type of harassment is called sexual harassment. This is when someone makes you feel
humiliated, offended or degraded because they treat you in a sexual way. This is known as 'unwanted
conduct of a sexual nature' and covers verbal and physical treatment, like sexual comments or jokes,
touching, or assault. It also covers sending emails of a sexual nature, or putting up pornographic
pictures.

The third type of harassment is when someone treats you unfairly because you refused to put up with
sexual harassment.

Victimisation

This is when you are treated badly because you have made a complaint of sex related discrimination
under the Equality Act. It can also occur if you are supporting someone who has made a complaint of sex
discrimination. For example: A male colleague is helping a female co-worker with their claim of sex
discrimination and makes a statement at an Employment Tribunal. The male colleague is then sacked or
treated badly by their employer. This is victimisation because of sex.

Sexual orientation

Whether a person's sexual attraction is towards their own sex, the opposite sex or to both sexes. This is
when you are treated differently because of your sexual orientation in one of the situations that are
covered by the Equality Act. The treatment could be a one-off action or as a result of a rule or policy
based on sexual orientation. It doesn’t have to be intentional to be unlawful. There are some
circumstances when being treated differently due to sexual orientation is lawful, explained below.

The Equality Act 2010 says you must not be discriminated against because:

 you are heterosexual, gay, lesbian or bisexual

 someone thinks you have a particular sexual orientation (this is known as discrimination by
perception)
 you are connected to someone who has a particular sexual orientation (this is known as
discrimination by association)

Different types of sexual orientation discrimination

There are four main types of sexual orientation discrimination.

Direct discrimination

This happens when someone treats you worse than another person in a similar situation because of
your sexual orientation. For example: at a job interview, a woman makes a reference to her girlfriend.
The employer decides not to offer her the job, even though she is the best candidate they have
interviewed a hotel owner refuses to provide a double bedroom to two men.

Indirect discrimination
Indirect discrimination happens when an organisation has a particular policy or way of working that
applies to everyone but which puts people of your sexual orientation at a disadvantage. Indirect
discrimination can be permitted if the organisation or employer is able to show that there is a good
reason for the policy. This is known as objective justification.

Harassment

Harassment in the workplace occurs when someone makes you feel humiliated, offended or degraded.
For example: colleagues keep greeting a male worker by the feminine version of his name although he
has asked them to use his proper name. The colleagues say this is just banter but the worker is upset
and offended by it.

Victimisation

This is when you are treated badly because you have made a complaint of sexual orientation related
discrimination under the Equality Act. It can also occur if you are supporting someone who has made a
complaint of sexual orientation related discrimination under the Equality Act. For example: a gay
worker complains that he has been 'outed' by his manager against his wishes and his employer sacks
him.

This October marked the 11th anniversary of the Equality Act 2010, which was launched to provide a
framework and level of protection against bullying and harassment across all aspects of life, but also
provide more equal opportunities for under-represented groups in the workplace. The Equality Act 2010
cemented Britain’s reputation as a world leader on equality. It strengthened and extended protections
for minority groups and unified anti-discrimination law in one place.

The equality act is also effective in terms of evaluating inequality, discrimination and victimization. The
Equality Act is a law which protects you from discrimination. It means that discrimination or unfair
treatment on the basis of certain personal characteristics, such as age, is now against the law in almost
all cases. The Equality Act 2010 outlines the three aims of the general duty to have due regard for
Equality, across all organisations:

 Eliminate discrimination
 Eliminate Harassment
 Eliminate victimisation

Equality Act 2010

A new Equality Act came into force on 1 October 2010. It brings together over 116 separate pieces of
legislation into one single Act.

The Act provides a legal framework to protect the rights of individuals and advance equality of
opportunity for all. It provides Britain with a discrimination law which protects individuals from unfair
treatment and promotes a fair and more equal society.
The nine main pieces of legislation that have merged are:

the Equal Pay Act 1970

the Sex Discrimination Act 1975
the Race Relations Act 1976
the Disability Discrimination Act 1995
the Employment Equality (Religion or Belief) Regulations 2003
the Employment Equality (Sexual Orientation) Regulations 2003
the Employment Equality (Age) Regulations 2006
the Equality Act 2006, Part 2
the Equality Act (Sexual Orientation) Regulations 2007

Equal opportunity law aims to promote everyone's right to equal opportunities; eliminate, as far as
possible, discrimination, sexual harassment and victimisation; and provide redress for people whose
rights have been breached. The Department's Equal Opportunity and Discrimination Policy sets out the
rights and responsibilities of employees and the Department with respect to equal opportunities. All
employees of the Department are required to comply with the law and the Department's policy.
Managers and principals need to ensure that the Equal Opportunity and Anti-Discrimination Policy,
supporting laws and regulations and procedures are integrated into appropriate workplace programs
and activities. As an equal opportunity employer, the Department is committed to providing safe,
inclusive and respectful workplaces, which are free from discrimination and harassment. Equal
opportunity means that every person can participate freely and equally in the workplace. Discrimination
is treating, or proposing to treat, someone unfavourably or bullying them because of a personal
characteristic protected by law.

Legal cases :

 Sexual harassment claim

Case name: Bank v A

A woman was employed by a bank and made allegations of sexual harassment by two male colleagues.
At a preliminary hearing, the employment tribunal found that a report which had been withheld by the
bank had to be disclosed to A. The bank appealed to the employment appeal tribunal against this
decision. We funded counsel’s advice on the prospects of Ms A successfully defending the appeal, with a
view to then potentially funding the appeal. The case settled and we will consider whether further
enforcement action should be taken against the bank.

 Race discrimination in adoption application

Case name: Mander v Royal Borough of Windsor and Maidenhead

The Manders, who are British of Sikh Indian heritage, were told that although they would be suitable
adoptive parents they could not apply. White couples would be given priority as there were only white
children available. They were then advised to consider adopting from India. When they complained and
there was no positive outcome, they took legal action. The County Court ruled in favour of their claim
that they should not have been barred from applying to join the approved adopters register because of
where their parents were born and declared the council’s action as “direct discrimination on the
grounds of race”.This successful outcome will prevent other couples being unlawfully discriminated
against because of their race. We funded the case and are now seeking a legally binding agreement with
the council to ensure staff are properly trained and this doesn’t happen again.

 Victimisation claim by employee on maternity leave

Case name: B v X

B believed that she was demoted and overlooked for promotion whilst on maternity leave. Upon making
an employment tribunal claim on that basis, B was then subjected to disciplinary proceedings, with her
employer alleging that the statements she made were false. B then resigned and made a second claim
for victimisation. We funded an external solicitor to run B’s case, and provided an EHRC solicitor to
represent B at tribunal. The case settled out of court, which was a successful result for us and the
claimant.
Refrences

Sentrient. (2022). HR & Compliance Blog. Available: https://www.personio.com/hr-lexicon/equal-

opportunities-policy/#. Last accessed 27 Jan 2022.

antonio. (2022). personio. Available: https://www.personio.com/hr-lexicon/equal-opportunities-

policy/#. Last accessed 20 Jan 2022.

gatwick. (2021). protected characteristics . Available:

https://www.equalityhumanrights.com/en/equality-act/protected-characteristics. Last accessed 3 feb
2021.

Lee Mockridge. (2022). citation. Available:

https://www.citation.co.uk/news/hr-and-employment-law/what-are-the-nine-protected-
characteristics/. Last accessed 3 feb 2021.

Thanson Villa. (2022). Enigmas of the Equality Act 2010— “Three uneasy pieces”. Available:
https://www.tandfonline.com/doi/full/UK . Last accessed 5 feb 2022.

Chair Paul Burstow. (2011). personalization and the equality act . Available:
https://www.scie.org.uk/personalisation/introduction/equality-act-2010. Last accessed 2 feb 2022.

louise wampson. (2019). equality and human rights commission. Available:

https://www.equalityhumanrights.com/en/equality-act-2010-UK/what-equality-act. Last accessed 3 Feb
2022.

victoria. (2021). human resources: equal opportunities. Available: https://www.education.vic.gov.uk/.

Last accessed 4 feb 2022.

victoria. (2017). equality and human rights commission. Available:

https://www.equalityhumanrights.com/en/legal-casework/legal-cases. Last accessed 3 feb 2022.

David grey. (2018). mind. Available:

https://www.mind.org.uk/information-support/legal-rights/discrimination. Last accessed 20 Jan 2022.