Firms warned on diversity risk

Employers that attempt to promote diversity in the workplace risk breaching anti-discrimination laws, a law firm has warned.

A report by Nabarro claims that implementing measures to make workplaces more representative, for example by increasing the number of ethnic minority employees, could be seen as discriminatory.

It gives examples of unlawful behaviour as targeting shortlists at women or ethnic minority candidates, recruiting specifically from areas with high ethnic minority populations, and pooling only women or ethnic minority employees for promotion.

"The scope for ‘positive action' is very limited and it seems inevitable in these circumstances that employers and organisations, including well-meaning ones, will run into difficulties," said Sue Ashtiany, partner and head of employment at Nabarro. "It is easy for actions to slip into the illegal category of positive discrimination."