Preview

work place discrimination

Good Essays
Open Document
Open Document
10302 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
work place discrimination
43

Unit 10
Discrimination: direct discrimination

45

Contents
Aim
Key themes
Learning outcomes

47
47
47

A Direct discrimination

48

1 Introduction

48

2 Direct discrimination
50
Activity 17 Direct discrimination and the EA 2010
50
2.1 Less favourable treatment
50
Activity 18 ‘Racial grounds’51
2.1.1 The comparator
52
Activity 19 The hypothetical comparator52
2.1.2 Pregnancy related cases
52
Activity 20 Pregnancy related cases53
2.1.3 Motive and intention
54
Activity 21 Motive and intention54
2.1.4 Stereotypical assumptions
55
2.2 The exception: occupational requirement
55
Activity 22 Occupational requirement55
2.3 Vicarious liability
56
2.3.1 ‘In the course of employment’
57
Activity 23 In the course of employment57
Activity 24 Vicarious liability58
2.3.2 ‘Reasonable steps’ defence
58
Activity 25 Reasonable steps59
2.3.3 Liability of employees
59
3 Direct age discrimination
3.1 The claim
3.2 The employer’s defence
3.3 The OR exception
3.4 Vicarious liability

59
59
59
60
60

4 Direct disability discrimination
60
4.1 The claim
60
Activity 26 Direct disability discrimination61
4.2 Direct discrimination and the duty to make a reasonable adjustments
61
4.3 The employer’s defence
62
4.4 Vicarious liability
62
5 Direct discrimination: religion or belief
62
5.1 The claim
62
5.2 The employer’s defence
62
5.3 The OR exception
62
Activity 27 Religion or belief62
5.4 Vicarious liability
64
6 Direct discrimination: sexual orientation
6.1 The claim
6.2 The employer’s defence
6.3 The OR exception

64
64
64
64

46

Unit 10 Discrimination: direct discrimination

6.4 Vicarious liability
Review of learning outcomes
Review of skills
Consolidation activity
Mind map

64
65
65
66
70

Aim47

Aim
In Unit 10 you will look in detail at the claim of direct

You May Also Find These Documents Helpful

  • Good Essays

    A common BFOQ or bona fide occupational qualification that can be argued as a reason for discrimination by an employer of a protected class is on the basis of religion. There are many religious schools across the U.S. that hire employees that need to follow their religion and abide by moral codes. The employees usually sign a contract that binds them to these moral codes and therefore they know that they can be fired if they fail to follow these rules. The case I chose is about a woman named Christa Diaz who was a teacher that was fired for becoming pregnant and being unwed, she was not abiding by the Catholic rules set forth and she was no longer considered a good role model to her students. There have been other cases that resemble that of Dias, and her case was one to set the bar of how to respond to this situation and how the courts should decide their future rulings.…

    • 1144 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    The discrimination taking place for Sally and her family could be considered to be direct; Sally is being treated less favourably than her peers, associative; Sally comes from a travelling community & perceptive; expectations within the local community and key worker that Sally will move away from the area. Sally is also being denied equal opportunities.…

    • 1549 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Employment Discrimation

    • 2145 Words
    • 9 Pages

    1. Did ABC advertising discriminate against Jean on the basis of sex when they failed to…

    • 2145 Words
    • 9 Pages
    Good Essays
  • Powerful Essays

    man for all seasons eulogy

    • 7732 Words
    • 31 Pages

    Discrimination occurs if a person treats someone differently on the basis of an attribute or characteristic such as gender, sexuality, race, pregnancy, physical or intellectual impairment, age, etc. This School strives to meet the needs of each student through incorporating access and equity principles and practices in line with Education Queensland Policy which acknowledge the right of all students to equality of opportunity without discrimination.…

    • 7732 Words
    • 31 Pages
    Powerful Essays
  • Good Essays

    NCFE LEVEL 2 CERTIFICATE IN EQUALITY & DIVERSITY Unit 1: Equality and diversity in society Learning Outcomes 1. Understand what equality is 1.1: Describe what is meant by ‘equality’ 1.2: Define the following terms: Stereotyping Prejudice Labelling Protected characteristics Equal opportunity Positive action Discrimination Discrimination by association 1.3: Describe examples of equal opportunity in society 1.4: Describe examples of inequality within society 2.…

    • 7050 Words
    • 28 Pages
    Good Essays
  • Satisfactory Essays

    deputy manager

    • 422 Words
    • 4 Pages

    City & Guilds Level 5 Diploma in Leadership for health and social care and children and young…

    • 422 Words
    • 4 Pages
    Satisfactory Essays
  • Better Essays

    Goward, P 2004, ‘The Sex Discrimination Act: Looking Back and Moving Forward’, University of New South Wales Law Journal, vol. 27, no. 3, pp. 922-925.…

    • 1494 Words
    • 6 Pages
    Better Essays
  • Good Essays

    1 Understand the importance of equality and inclusion Diversity: differences between individuals and groups eg culture, nationality, ability, ethnic origin, gender, age, religion, beliefs, sexual orientation, social class. Equality: individual rights; giving choices; respect; services in response to individual need Inclusion: placing individuals at the centre of planning and support; valuing diversity Discrimination: direct discrimination; indirect discrimination; treating some individuals less favourably than others; effects of discrimination. Deliberate and inadvertent discrimination: institutional discrimination; discrimination by individuals; the effects of lack of knowledge and understanding; prejudice; labelling; lack of opportunity; stereotyping; harassment; bullying; use of inappropriate language Work settings: health settings; care settings; childcare setting Support for equality and inclusion: policies and procedures in workplace setting; challenging discrimination; promoting rights; empowering; removing barriers eg physical access, communication; improving participation; promoting dignity; placing individuals at the centre of planning and delivery of services 2 Be able to work in an inclusive way Legislation and codes of practice: Codes of practice of sector; policies of workplace setting; Human Rights Act 1998; Disability Discrimination Act 1995; Disability Discrimination Act 2005; Special Educational Needs and Disability Act 2001; Race Relations (Amendment) Act 2000; The Equality Act 2010 (due to become law in October 2010 and will replace the Race Relations Act 1976 and the Disability Discrimination Act 1995); Equality and Human Rights Commission Interactions: interactions with individuals including colleagues, adults using services, children and young people in childcare settings; active listening; knowledge of individuals eg beliefs, cultures, values, preferences; maintaining confidentiality; appropriate use of language.…

    • 1065 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    To achieve P1, learners must explain a range of definitions and meanings and this could take the form of a glossary booklet. Learners should also attempt to relate these meanings to public services.…

    • 455 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    At one time or another people may experience unfair treatment in the workplace due to differences that include but are not limited to age, gender, sexual orientation, ethnicity, race or spiritual practices. Fortunately, there are federal and state legislation and risk management strategies in place that not only offers support for fair workplace practices but also reinforces responsibilities of human resource managers.…

    • 159 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    At any workplace we have certain set of rules, conditions or a basic work design to work on and along with all these we have situations as well as hard times. In-contrast to all these criteria discrimination often arise at the workplace which may happen intentionally or not, discrimination is acting directly or indirectly against an individual like denying transfers, promotions even on the basis of performances, offering not fair terms conditions of service ("Discrimination And Harassment At The Workplace - Victorian Equal Opportunity and Human Rights Commission," n.d.). As, this mostly takes place at a workplace most employees do not take this issue seriously and there are some individuals who would not tolerate this way of behavior. To overcome…

    • 662 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Employment discrimination and harassment occurs in the workplace for a variety of reasons. The Civil Rights Act of 1964 identified race, sex, religion, and national origin as discrimination criteria. This paper will address those issues covered under the Civil Rights Act. When making an assessment concerning employment discrimination or harassment for any legal action, it is important to review the relevant legal standards and procedures.…

    • 153 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    When it comes to gender discrimination in workplace, bullying towards women is one of the most serious issues that cannot be ignored.…

    • 1056 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    In the United States, institutionalized discrimination occurs everyday. According to Aguirre and Turner (2010) it is both subtle and complex. Because discrimination based on race is illegal, many acts of institutionalized discrimination are informal; a company, school, government, or other public institution does not formally write them in a policy. “Yet individual acts of informal discrimination are so widespread in many communities that discrimination is informally institutionalized even in the face of formal prohibitions” (Aguirre and Turner, 2010). Despite, being outlawed nationally, discrimination still exists.…

    • 1289 Words
    • 6 Pages
    Powerful Essays
  • Satisfactory Essays

    People of color are encouraged to go college and become educated. However, after they applied for positions or promotions they are passed over, noticeably or subtilty treated differently on the job or terminated because of the color of their skin.…

    • 200 Words
    • 1 Page
    Satisfactory Essays

Related Topics