The news that Airbnb
has adopted a new anti-discrimination code, following accusations of racism by
hosts on the home-sharing site, highlights the growing challenge in managing
this increasingly sensitive issue.
Other
recent headlines have ranged from EasyJet flight attendants fighting for
family-friendly working practices that support them as new mothers, to uproar
after the Matching Models recruitment agency specified a bra size and
requirement for ‘attractive’ applicants in its recruiting material.
The Supreme Court is due
to decide whether a bus company discriminated when a disabled user was unable to travel, because the wheelchair
space was already occupied by a passenger travelling with a buggy, in Paulley v First Group Plc.
And thousands of female
shop floor workers with Asda have brought equal
pay claims
against the supermarket, in a claim for equality with their male counterparts in
the company’s distribution centres.
It
highlights the need for businesses to keep their recruitment and working
practices under constant review, if they are to be in step with the continuing
developments in this area of the law.
The Equality Act 2010 prevents
direct and indirect discrimination based on protected characteristics,
which include gender, age, disability, race, sexual orientation, personal
relationship status, and religion or belief. The protection of the Act extends to consumers,
the workplace, education, public services, private clubs or associations and
when buying or renting property.
Questions can be asked
about health or disability only in certain circumstances, such as whether
someone may need help to take part in an interview, and disability covers both
mental or physical impairments and an employer should make ‘reasonable’
adjustments to accommodate disabled applicants and employees.
In addition, the Act
makes it unlawful to discriminate, or treat employees unfavourably because of
their pregnancy, or because they have given birth recently, are breastfeeding
or on maternity leave. It was on this
basis that staff at EasyJet brought an employment tribunal claim against their
employer for failing to offer arrangements that would enable them to continue
breastfeeding when they returned to work after maternity leave. An employment
judge ruled that EasyJet’s actions were unlawful indirect sex discrimination
and it is likely to mean that employers will have to be more accommodating in
their working arrangements for female staff who are breastfeeding.
On the Airbnb website, hosts
can see headshots and have chats before approving a guest, who may be staying
in the home together with the host. It’s
a screening process that far exceeds what is available to a hotel and a number
of African-Americans in the USA reported they were having bookings rejected,
leading to accusations of racism and pressure on Airbnb to take action to demonstrate
good practice in the matching process it enables between hosts and users.
Said employment law
expert Elissa Thursfield of Gamlins Law: “As the facilitators of
the bookings, rather than decision makers, Airbnb held themselves apart from
the problem for a while, but now have had to respond to public pressure and
take a stance. It reflects the growing
pressure on companies to keep up with the far-reaching developments in this
area, and it demands a new mind-set for many.
For example, it’s important not to use language that may imply age
discrimination, such as talking about young, old, Millennials or Baby Boomers,
or to ask about retirement plans now the default retirement age has been
abolished.
“Similarly, you may
be breaking the law if any discrimination happens during recruitment, even if
you use a recruitment agency. The recent
advertisement for so-called ‘attractive’ applicants by Matching Models drew a
stinging rebuke for being ‘appalling, unlawful and demeaning to women’ from the
Chief Executive of the Equality and Human Rights Commission.”
She added: “Next on the
horizon for employers is the requirement to publish gender pay gap data and
businesses need to prepare now, with their pay audits and communication plans,
to be ready to publish against the anticipated April 2018 deadline.
“Embracing equality and
diversity needs to be at the top of the agenda, whatever the company size.”
