Post by p***@gmail.comFrom what you told, it sounds to me, in UK, there is no such law. Is it so? Or, do the Officers of Arms not know
such a law?
As far as I checked there have been many such laws and the law currently in effect seems
to be this:
Equality Act 2010
http://www.legislation.gov.uk/ukpga/2010/15
The key term relevant for us now is "indirect discrimination" which is defined in:
Pt 2. Equality: key concepts -> Ch 2. Prohibited conduct -> 19 Indirect discrimination
To understand what is prohibited here, it may be easier to read web pages (so many pages
are there) explaining this, but in short, if an employer adds some condition which will
"weed out" certain group of people and if the employer "cannot show it to be a
proportionate means of achieving a legitimate aim," then it will be a violation of law.
And as per the law the protected characteristics are "race" (here BAME for example),
"sex" (here female for example) and others.
Now, suppose I am an Officer of Arms and if one colored and aspirant woman without
"military experience" asks me, why that "military experience" condition exists, and
because of that she feels she is not eligible, theoretically, for me the possible answers
are:
a) "No, we do not want colored nor woman to be our colleague. That's why."
b) "We are sorry we cannot disclose the reason."
c) "No, there is no connection between 'military experience' and our job. There is also no
reason for us to add the condition. We yet added it."
d) "We are sorry but we do want someone who has 'military experience' because it has
great advantage for our job in xyz..."
e) "Don't worry, it's in 'Highly desirable,' not 'Essential.' If you think you satisfy
other 'Highly desirable' conditions then you are enough eligible."
In reality, for me, I can choose the last two ones only.
Among what I mentioned, new business will be more d), and ceremony will be e).
In the last case also where "Highly desirable" is optional, in my understanding, there must
be some connection between "military experience" and heralds' job: since it's optional,
it works for increasing the number of applicants only, i.e., those who has only one of
the options can apply. And if "military experience" has nothing to do with heralds' job,
there is no benefit for heralds to chose someone who has "military experience" only.
(However, I am not sure, for optional condition, how much justification is needed and,
how much the fitness for splendor can be a good reason. Make it more splendid is a good
idea, but...? May be we should think things are always like d).)
I slightly simplified my discussion, but I believe those I did not mention are minor points.
Uemura Satoru