The answer as to whether legislation is a help or hindrance can very much depend upon who you are and what you have experienced.
The introduction of a piece of legislation raises awareness of an issue and can force a change in behaviour, but on its own cannot change attitudes. The change in behaviour, e.g. recruiting people whom they have previously rejected, can result in employers coming face to face with their own stereotypes and having preconceptions shattered.
Focusing on compliance with regard to legislation as a way forward often leaves organisations paying less attention to the business or moral case.
This often leaves employers feeling confused or uncertain, and reluctant to find out more.
If people feel they are in a position where they are unaffected by legislation, and judge themselves as people who would not dream of discriminating against others then it can be perceived as patronising and lecturing. However this can demonstrate their lack of true understanding and therefore they have the potential to discriminate/harass unwittingly.
Legislation can be perceived as not supporting inclusivity. Many white, heterosexual men feel left out and do not realise that legislation is there to support them as well.
Age legislation was lauded as the first piece that truly represented everyone as ‘everybody has an age’. But the Sex Discrimination Act of 1975 represented virtually everyone – the omission at the time was transgender. Discussions on training courses have revealed that many people still perceived Age Legislation as purely protection for ‘the older worker’.
Quotas hinder inclusivity and encourage a compliance approach. The quota element of some older pieces of legislation still persist in peoples’ perception. Some people within organisations still aim to fill a quota on their staff even though they are aware they no longer exist.
The focus on specific groups of people which is a feature of much of the discrimination legislation can lead to people strengthening their own labels and stereotypes rather than seeing fair treatment from a pluralistic and individualistic approach.
Legislation raises awareness and galvanises action and communication. Very often it is the nature of that action and communication that determines whether or not the legislation ultimately becomes a help or a hindrance to a particular organisation. |