Across The Pond
There can be no fair society if age, disability, gender, race, religion and belief, sexual orientation and transgender status remain as markers of disadvantage; and there can be no lasting or deep rooted progress for disadvantaged groups unless we make a robust case for fairness which involves everyone. Mission Statement from England's Equality and Human Rights Commission.
From across the pond, a warning for all those who feel they are somehow immune from discrimination litigation. The United Kingdom's Watchdog Discrimination Agency, the Equality and Human Rights Commission, an organization whose sole purpose is to promote equality and human rights and to create a fairer Britain, has been hit with a discrimination lawsuit.
Brid Johal, a high-ranking female member of the Commission staff has alleged sex discrimination, claiming that she was not told of a promotion opportunity while she was on maternity leave. Johal was a senior political aide to the director of the Commission's office and had worked as an aide for seven years. As part of a restructuring an office manager position became available. Johal asserts that she was mistreated, penalized and pushed out of her position when she was not notified of the opportunity; and the failure to notify was evidence of disparate treatment. The Commission counters that Johal became aware of the new post at the same time as everyone else when an email was circulated. Reports indicate that Johal's boss will provide evidence on Johal's behalf, shedding light on potentially legally tenuous recruitment procedures. A source inside the agency states, "there is something oddly old-fashioned going on in terms of plum jobs at the higher level." The case continues.
To make matters worse, the Commission has been battling internal disputes and allegations of financial irregularities.
While the case does not provide glamorous facts or outlandish scenarios that often draw attention, it should make all take heed to the threats that lurk in each and every organization, no matter how cognizant and proactive the organization may be with respect to discrimination issues. Even an organization whose sole mission is to combat discrimination is not immune from poor, risky decision-making and even outright intentional discrimination. Furthermore, as American-style EEO law and Global/EU employment standards increasingly share similarities, multinational organizations must be especially cognizant of decision-making processes taking place in foreign locales. Pregnancy/gender discrimination issues are especially problematic in European locations due to those nation's liberal maternity leave policies.
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Seyfarth Shaw LLP
July 30, 2009