Overview

Discrimination law was founded on the simple concept of equal treatment. In the employment context, decisions had to be merit-based, and blind to race or gender. There are only limited exceptions where being of a particular race or gender is a genuine requirement for the job. Also, as the law currently stands, an employer can take limited positive action to address under-representation of a particular group (for example, women) in the workforce. This can take the form of targeted advertising or training but any subsequent selection must be carried out on merit alone. The legal framework has become progressively more complicated over the last decade or so, as have awareness and attitudes towards individual rights and corporate social responsibility.

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