In his address at the opening of the First session of the Third National Assembly in October 2000, the then President of the Republic stated that: ?Government is anxious to ensure that Mauritius is a modern democracy, which protects and provides equal rights and opportunities for all its citizens. Government will bring forward legislation to implement a policy, subject only to appropriate exceptions, of equal opportunity in employment and education. It will create an Equal Opportunities Commission to eradicate discriminatory practices in employment.?

Equal opportunities is ensuring fair and equal treatment for everyone, and tackling discrimination wherever it exists and in whatever form. The concept involves the breakdown and removal of discriminatory structures, biased policies and prejudicial practices in organisations and individuals, not only in employment but also in all spheres of social and economic life. The fundamental principle is that employment opportunities and service provisions should be free from bias and equally available to all.

Discrimination may be based on sex, race, colour, ethnic origin, disability, sexuality, religious beliefs, political opinion, age, marital status, economic status and social background. Direct discrimination occurs when treating people less favourably than others because of their sex, skin colour, ethnic origin, political opinion, disability, age, class, previous conviction, etc.

Examples of gender discrimination are when women are paid less than men for the same work, pregnant women are not given light duty, selection tests are too rigid for women, etc. In some cases, even men can be discriminated against on grounds of gender. We often see press adverts specifying they are looking for male or female for jobs that can be done by both! Examples include: male clerk, female accountant, for a role where gender is irrelevant. However, in some occupations, gender discrimination is necessary depending on the nature of the service provided, for example female carers for female patients.

Indirect discrimination arises when applying a requirement which puts a racial group, a gender, disabled people, a section of the population, etc, at a disadvantage. For example, asking for only people below a certain age limit for a job where age really does not matter.

Sometimes discrimination arises out of prejudice, which means pre-judging someone, usually without having correct or complete information or on hearsay. Prejudice is about attitudes and beliefs.

In the UK, The Equal Opportunities Commission (EOC) and the Commission for Racial Equality (CRE), set up by law to work towards the elimination of discrimination and to promote equality of opportunity, have both produced codes of practice on equal opportunities in employment, which have been endorsed by Parliament. The codes do not have force of law but they can be brought as evidence in employment tribunals. UK Equal opportunities legislation includes the Sex Discrimination Act, The Disability Discrimination Act, the Disability Rights Commission (DRC), the Race Relations Act and The Human Rights Act. All disabled people have the same rights as able-bodied ones. In Mauritius, the Sex Discrimination Act and the Human Rights Act are in force.

Equal opportunities is not just having policies and procedures. It should encompass the way individuals or organisations operate on a daily basis. A positive action is a structured approach to training, development, etc which enables disadvantaged persons/employees to reach a level of capability to compete on equal terms.

Equal Opportunity is an outcome, not just a process. Its implementation in the workplace matters because people feel valued and able to contribute to the best of their ability; the economic status of traditionally disadvantaged people is improved; workplace relationships get better; staff become more productive, innovative and creative and customer service improves when the staff diversity reflects the customer diversity.

An organization that promotes the principles of equal opportunities creates a good public image - discrimination often results in bad publicity. It ensures that the whole community is involved, rather than just a select group; it benefits from a wider choice of potential staff and is able to tap a diverse pool of talent, skills, intelligence and competence; it encourages a sense of ?ownership? and improves the way the enterprise works. It is therefore generally considered good practice for organisations or projects to adopt a written equal opportunities policy.

Age discrimination is another issue that is not given enough importance. As we age, we accumulate experience that can make us even more valuable at work. But that?s not how most employers perceive it. Older workers do encounter age discrimination that makes it harder for them to get employed, promoted and treated fairly. For example, with factory closures, many older workers with years of experience find it difficult to find another job because of their age. A glance at most recruitment advertisements will reveal subtle tactics used to discourage mature persons from applying for certain jobs. For example, the use of such phrases as ?young or fresh graduates, dynamic environment, highly energetic person, etc? implies that the employer is looking for young people. Following EU directives, age discrimination legislation in UK will come into force in October 2006. It would then be unlawful to discriminate on the basis of age. Maybe in the future, Mauritius will be inspired to bring in similar legislation.

Equal opportunity is an essential feature of a functioning democracy and good governance. It reinforces the fundamental rights of the individual and promotes equality and freedom.

by Shaffick HAMUTH