Discrimination can occur in two ways direct and indirect. Direct discrimination is when discrimination takes place on factors unrelated to merit, capability or potential of a person or group. Due to a person's race, sex, marital status, beliefs, sexual orientation or gender reassignment they will be treated less favourably. Direct discrimination is less obvious.
E. g. when two gender of people apply for a job, one being a female with high level qualifications and lots of experience and other gender being a male with not many high level qualifications and less experience than the female candidate, than due to discrimination the male candidate still has a higher chance of getting the position than the female. Finally with direct discrimination, an employer is not able to argue the fact that it was not in their intention to discrimination as law takes over and considers the outcome.
On the other hand indirect discrimination takes place when rules, regulations or procedures are consigned to have an effect of discrimination on certain group of people. It is less obvious form of discrimination. When investigation is done by Employment Tribunal they will need to take a look at three factors which might have caused discrimination: 1. First factor is looking at the ethnic minority of people meeting the job criteria is significantly small than the rest of population. 2.
Secondly there is a job criteria set by the employer which cannot be justified, because candidate who is not able to meet the criteria can still the job just as competently as anyone else. 3. Finally if a candidate cannot comply with the set job criteria and have suffered in some way, whilst this might seem quite obvious, the candidate can only complain if they have lost out in some way or the other. There might be some circumstances where a employer can argue their case of discrimination but only if it is required for a job.
This is known as "Genuine Occupational Requirement" (GOR). It does not always take place but in occupations such as acting where a certain ethnicity person is needed to play a character for authenticity. It can be the same for a restaurant where a Chinese background candidate is needed just to emphasis and authenticity. Or genuine occupational qualification such as race/gender is needed such as Female, police officers needed to search female criminal. Sex Discrimination Act 1975 – Amended 2008 (SDA)
It was legislation put down the British government in 1975 which stopped discrimination between genders whether it is male, female or transgender. Sex, marital status or gender reassignment became illegal to discriminate under this law. When recruiting and considering the terms and conditions offered to the staff then this law comes into play, also when deciding on the promotion, transferring or receiving training as to decisions made about termination of someone's job contract. Direct/Indirect Discrimination: Direct discrimination occurs when a candidate is taken into less consideration due to their sex/gender.
E. g. male applicants are not considerate as they are applying for a position where all the staff is females and it is thought that the male candidate will not fit in. Another example is a woman is not appointed for a job because she might get or might be pregnant and this would mean she would need to take off time. Harassment is also considered to be direct sex discrimination. Indirect discrimination on the other hand takes place where provision, criterion/practice is applied equally to men/women and it's a detriment of a significantly larger proportion of one gender.
Indirect might take place without a knowing and it needs to be justified to shown it is essential for the job. Examples of indirect discrimination would include things like not allowing a woman to work part time, discrimination without justification against a successful candidate who has a beard. Race Relation Act 1976 (RRA) Under this legislation it is unlawful or illegal to discriminate against a individual or a group due to their race, colour, nationality, ethnicity or national origin. This covers a wide area which includes recruitment, promotion, transfer and training and also dismissal.
The RRA covers direct/indirect and victimisation in addition to this it also covers free standing right not to be harassed on grounds or race. Direct/Indirect Discrimination: E. g. if two candidate apply for a position one being English and the other being Welsh and they both have similar experience and qualification which matches a job description and the Welsh person is chosen over the English because of his national origin this is a form of direct discrimination. On the other hand indirect discrimination would be insisting on British qualification or that a certain level of English is spoken and this is not required for a job.
Word of mouth recruitment in an organisation where the ethnic minority is either under represented or over represented, this is also a kind of indirect discrimination. Likewise a business which promotes staff internally into higher levels such as managers and they are all or majority are white and working under them are all other race, than this is also indirect discrimination. Disability Discrimination Act (DDA) 1995 – Amended 2005 This act covers a lot of types of disabilities which cannot be discriminated against.
The things that are covered are sensory disabilities whether it be visual or hearing impairment, mobility impairments, learning difficulties, mental health problems such as depression and also progressive conditions such as cancer, muscular dystrophy, etc. Due to the DDA it makes it illegal to make less considerable judgments which results disabled people from getting employed. Employers must take into consideration adjustments they can make to the premises or the working practices which can allow people with disability be employed or remain in employment.
In addition to this there is a free standing order which makes it against the law that a person cannot be harassed in relation to their disability. Direct/Indirect Discrimination: Example of direct discrimination is where a person uses a wheelchair and the employer take this negatively because it will result in obstruction another example of direct discrimination is a person using clutches and he needs them to get around and the employer thinks that it will take the person slightly longer to get around and eventually result in loss of time.
On the other hand a person with arthritis is not employed for the post for an administrator as due to his disability he will type slower, but depending on the actual requirement of the job justified discrimination can take place. Reasonable adjustments could be made which can solve the requirement needed such as changing location of the task, allocation of the job/duties to another person or even getting additional aid equipment.
Indirect discrimination previously before the amendment of the act in 2003 took place when a person applied for a position and a 'condition or requirement' had been set which would affect everyone equally, but in more specifically people from a particular racial group at disadvantage. The redefined definition from the 2003 documents replaces the words 'condition or requirement' with the words 'provision, criterion or practice'. This means that general formal and informal practices are both covered by the Act which will allow more circumstances in which claims of indirect discrimination can be put forward.
The Employment Equality (Age) Regulations 2006 This law obviously makes it illegal to discriminate against age based on their age. It's unlawful to discriminate directly or indirectly because a complaint has been made on the grounds of actual or perceived age. There are two types of discrimination that place that we know of. Direct and Indirect discrimination based on grounds of age. Direct/Indirect Discrimination. Direct discrimination takes place when two people person A and B.
Person B is simply considered less favourably by person A simply because the employer as he prefers over 30 people, therefore B is less favoured as he is 25 as person A is 35, unless A can objectively justify this discrimination. This means that the employer will have to show or put forward a god reason for treating person B less favourably. The greater the effect of discrimination on the person the greater burden it puts on the employer to justify or show it was necessary. It is up to the Employment Tribunal to take decision whether the discrimination that has taken place is justified.
Direct discrimination includes discrimination which takes place simply due to the person apparent age, therefore some if someone is discriminated against due to incorrect assumption about their age than it is possible to being a claim and if someone puts the claim forward than they will not be required to disclose their age and it is enough to know that they have been treated less favourably due to their age. It is definitely not possible to discriminate on their physical looks; this means that you could not defend yourself saying that someone looked older than they looked.