In the recent study by Yougov on the perceived size of minority groups versus the actual figures in the UK the public estimated the percentage of vegans and vegetarians to be 20 percent when it is in fact 4 percent.
This is no surprise to me because I am fixated by certain vegetables. In fact, I keep shouting ‘broccoli’ and ‘cauliflower’, often at inappropriate times. It got so bad I went to see the doctor about it ……. he diagnosed me with ‘Florets’.
Sorry, I will stick to the day job! That actually won best joke at the Edinburgh fringe one year would you believe?
Getting back on to more solid ground for a HR professional, why might treating a vegan less favourably be classed as discrimination? Surely there is no actual law against it?
Whereas it is true that in general, veganism is not a ‘Protected Characteristic’ such as race, sex, disability et al so jokes, ridiculing someone etc due to this would normally count as bullying rather than discrimination, if an individual lives their life around strict rules and principles, termed ‘philosophical beliefs’, regarding an issue such as veganism e.g. never wearing leather or using other items made from animals ….. this may become a protected characteristic for that person.
The same may apply to issues such as those who hold strong philosophical beliefs regarding the environment or other issues.
The reason any award might be similar to a claim based on race, sex etc is because there isn’t a hierarchy of discrimination, if an organisation discriminates then any award will be calculated in a similar way irrespective of the type of claim.
However, there are limits to what types of cases may be successful. A case brought by a Star Trek fan who claimed his Jedi lifestyle was a philosophical belief failed, as did the football supporter fanatical about Rangers FC. Likewise, the Rastafarian who claimed that smoking cannabis was part of his philosophical and religious beliefs lost his case.
Although some of this article is light-hearted, clearly a claim for discrimination, harassment or bullying is no laughing matter for any organisation irrespective of the type of claim. It is so important to train employees in banter and behaviour in the workplace to try and avoid this, and also ensure there is a healthy culture at work.
The good news is you can still have a laugh in work, even over Dad jokes!* Employers simply need to get the balance right between healthy banter and overstepping the line and causing offence.
For advice or to discuss great value e-learning or face to face training on how to do this please contact us. We will be delighted to hear from you.
*some would say this is ridiculous but a word of caution, if a younger person accuses an older person of telling a dad joke, clearly they may view that as an ageist comment.