In recent years, diversity, equity and inclusion (DEI) has been gaining prominence in the workplace and in human resources management, mainly leveraged by the phenomenon of globalisation, with reputed studies showing that companies with a more diverse workforce are more profitable – important factors in attracting and retaining talent.

Promoting DEI in the workplace is no longer simply a matter of social responsibility or legal compliance; it is now a business strategy that can bring a significant competitive advantage.

However, the topic of diversity in organisations has historically been addressed by establishing equality between men and women in the workplace. While this is understandable, there still being a long way to go to achieve such equality, the truth is that diversity in organisations also requires the consideration and appreciation of other inclusive factors, not limited to gender equality, as will be discussed below. 

In legislative terms, the European Union has followed the trend of focusing its approach to diversity on gender equality. In this sense, the importance of promoting equal treatment has long been recognised, reflecting the commitment of the Member States, with several directives having been adopted to combat discrimination and promote diversity, equity and inclusion, including Directive 2000/43/EC, which implements the principle of equal treatment between persons irrespective of racial or ethnic origin, Directive 2000/78/EC, which establishes a general framework for equal treatment in employment and occupation, particularly on the grounds of religion or belief, disability, age or sexual orientation, and Directive 2006/54/EC, which consolidates and updates the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation. Also recently published were Directive (EU) 2023/970 on pay transparency and Directives (EU) 2024/1499 and 2024/1500, establishing the new rules applicable to equality bodies (which in Portugal are the Commission for Equality in Labour and Employment (CITE) and the Authority for Working Conditions (ACT)).

In Portugal, in addition to the rules on equality and non-discrimination set forth in the Labour Code, we highlight Law no. 4/2019, of 10 January, which establishes the unemployment quota system for people with disabilities, Law no. 62/2017, of 1 August, which establishes the regime of balanced representation between women and men in the management and supervisory bodies of public sector businesses and listed companies, and Law no. 60/2018, of 21 August, under which, last year, the ACT exercised one of its equality promotion competencies by notifying several companies to submit their plans for the assessment of pay gaps.

As already mentioned, legislation has essentially addressed the classic issues of diversity, neglecting a large range of other characteristics that should be considered by an organisation: age, sexual orientation, gender identity, marital status, family and economic situation, reduced working capacity, disability and/or chronic illness, neurodiversity, nationality, language, religion, political or ideological beliefs, and trade union membership, among others. These are characteristics often overlooked in organisations’ DEI policies (especially those organisations that do not benefit from being part of a multinational company), which are usually based on the relevant legislation.

Indeed, with limited positive legislative measures promoting diverse, equitable and inclusive environments, and no obligation for organisations to adopt DEI policies and/or carry out DEI audits, the effective implementation of DEI-promoting measures remains a challenge for organisations.

In a world of rapid sociological change, organisations are increasingly faced with complex challenges in terms of inclusion, which may include, among many other examples, managing the coexistence of teams composed of workers from generations so different as as X and Z, or even adjusting teams to include autistic workers or those with different needs, culminating in the management of the use of common spaces, changing rooms or bathrooms by transgender or non-binary workers.

In order for companies in Portugal to actively promote DEI and benefit from the richness derived from a diverse workforce, which brings differentiated, disruptive and more creative perspectives, it is essential that they adopt equitable and inclusive policies and practices that go beyond the meagre measures stemming from Portuguese labour legislation, the so-called “best practices”, such as regular mandatory training on DEI, inclusive recruitment, and the anonymisation of job applications, implementation of equality policies, celebration of diversity, adoption of flexible working mechanisms, and diversity surveys.

In summary, bearing in mind that Portuguese employment and labour legislation establishes a preliminary and still under development framework for the promotion of DEI that is still very much focused on gender equality issues, organisations that want to succeed in the future must promptly develop the vision necessary to adjust their practices to a sociological and cultural reality that demands ambitious and increasingly inclusive standards of action.

Is your company already taking the necessary steps to create diverse and inclusive environments capable of addressing the challenges of change?