What Is Discrimination - Literature review Example

Discrimination The word discrimination refers to behavior or deliberation of, or construction of a difference in operate of kindness of or against, a person or thing based on the cluster, division or type to which that person or thing belongs fairly than on individual good point. It can also mean the cognitive process whereby two or more stimuli are well-known. Discrimination usually consists of one or more of the following ; People who are treated differently based upon their sex, race, color, nationality, ethnic or national origins, marital status, religion, , sexual orientation , age or because they have undergone gender reassignment . This covers aggravation based on any of the above. (Alf, 1958) Racial group means a group of people defined by their race, color, and nationality (including citizenship) ethnic or national origins. Victimization means treating someone less favorably because they have made a complaint of discrimination (a "protected act"), or are thought to have done so; or because they have supported someone else who has made a complaint of discrimination. Vivid legal responsibility is the legal basis whereby an organization may become legally liable for the acts of its employees or agents. This can apply even where the institution had no knowledge of the acts and where, if it had been aware, it would disapprove or have disapproved of the acts in question. (Andrew, 1995) Direct and Indirect discrimination Direct discrimination is when a person is treated less favorably by another in a comparable situation. For example: A40 year old woman applies for a job and is told she cannot have the job because the company is looking for new employees in their 20s.An African couple is looking for a school for their child and is told by their local school that the child cannot go to that school because there are no non-white children there. A man applies for a job and does not get it and is told that the company does not want gay people working there. (Andrew, 1995) Indirect discrimination ismore subtle. It is when a seemingly neutral provision disproportionately advantages one person or group above another. This can be just as bad if not worse that direct discrimination. For example: A job specification says that people in the west of the city cannot apply for the job. The west of the city is mainly occupied by black people. This means that proportionately more non-black people will be applying for the job. A facility is "open to everyone", but it is on the third floor and there is no lift. This means that people in wheelchairs cannot use the facility. A company insists that people cannot leave their desks during the day apart from toilet breaks and lunch. This means that practicing Muslims cannot work there since they cannot pray at the appointed times.(Ibid, 1995) Indirect discrimination occurs where the effect of certain requirements, conditions or practices imposed by an employer or education provider has an adverse impact disproportionately on one group or other. Indirect discrimination can also occurs when a rule or condition, which is applied equally to everyone, can be met by a considerably smaller proportion of people from a particular group, the rule is to their disadvantage, and it cannot be justified on other grounds. (Alf, 1958) The law applies to employers and providers of education or training. Where an employee or prospective employee is less favorably treated because of their race, sex, marital status, religion, sexual orientation or gender reassignment. This tends to be obvious discrimination, for example, a female candidate with the best qualifications and experience does not get an interview, but a male candidate with fewer qualifications does. Or, if she is already in a job, she is ignored for promotion, the job going to a less qualified male worker. An employer cannot argue that it was not their intention to discriminate; the law only considers the end effect. (Ibid, 1958) Direct Discrimination can occur based on a perception of a person's religion or beliefs, even if those perceptions were wrong and also extend to discrimination based on a person's association with someone else who has a particular religion or belief. There is no protection for direct discrimination based on political beliefs or theoretical beliefs, which are not akin to religious beliefs. With regard to discrimination based on religion or religious beliefs employers will now need to accommodate a wide variety of religious and cultural needs of workers. This may include for example, establishing a prayer room in the workplace and being flexible about employees taking time off for different religious holidays (Andrew, 1995) Comparably similar legal definitions of indirect discrimination and harassment apply in respect of sexual orientation, religion, age, gender and disability. Previously, racial harassment has not been explicitly mentioned by the Race Relations Act, although courts and tribunals have considered harassment to be a form of unlawful direct discrimination, now, the Act states that harassment on the relevant grounds is unlawful. Harassment occurs when someone's actions or words, based on the relevant grounds, are unwelcome and violate another person's dignity or create an environment for him. (Alf, 1958) Exceptions Under discrimination based on sex, race, sexual orientation and religion there are also some exceptions, where discriminating between members of these groups is allowed. These are usually in areas where it makes sense to the job. For example where a job is in a single sex situation such as female only staff in a hospital ward with only female patients. An employer can then claim that gender is a genuine occupational qualification. (This defense is not available if discrimination is based on marital status, or a person's term of employment, or if a worker of another gender or race etc could legitimately do the job.) Also discrimination may not be unlawful if it is done to safeguard national security or is done in pursuance of an Act of Parliament. (ibid, 1958) Some of the examples of specific circumstances where it is lawful to discriminate are; Discrimination on the basis of sex when hiring people for occupations within organized religion where the doctrines or customs of the religion require this behavior, discrimination on the bases of age or disability in the provision of competitive sporting events. The Act also allows the exclusion of competitors on the basis of their sex in sporting competitions in which competitors' strength, stamina or physique is relevant (this exception does not extend to sports for people under the age of 12). Discrimination in the provision of counseling to people of a particular sex, race, ethnic or national origin, or sexual point of reference, where highly personal matters such as sexual matters or the prevention of violence are involved. (Andrew, 1995) Justification This is applicable where discrimination is as a result of a policy which is compulsory sincerely and in good faith. If the person seeking to rely on the exception has a sincere held belief that discrimination is applied justly in the circumstances and if the policy or practice being introduced for any secret or irrelevant reasons aimed at defeating the purposes of the human right act. If justification has to be applied one has to consider the nature and extent of the benefit to the general community of the discriminatory policy or practice. (Alf, 1958) Work Cited Alf, Ross, Law and Justice, Stevens and Sons Limited, London, 1958 Andrew, Morris, Normative Foundations of Indirect Discrimination Law: Understanding The Competing Models of Discrimination Law As Aristotelian Forms Of Justice (1995)15, Oxford Journal of Legal Studies, 199, 208 Read More