Employment Discrimination
Employment discrimination is routine, but discriminatory practices in employment discrimination laws are illegal. Employment discrimination is remediable in workplace harassment of working women and racial equality nondiscrimination policy -religious prejudice and disregarding disability rights are also employment discrimination.
What qualify as employment discrimination is not only treating women employees less favorably or sexual advances to the working girl or victimizing objecting women workers and working girls…
Nor is employment discrimination, also, only prejudice in ethnic relations, racial segregation, color victimization -nor is workplace harassment durational.
Equal opportunities workplace discrimination in sex discrimination cover sexual orientation, same-sex prejudice, adoption, paternity, maternity, parental, dependant leave, marital status, equal pay; race relations employment discrimination ethnic relations, religious discrimination, nationality, citizenship; discriminatory practices, disability discrimination.
Sex equality, race relations, disability work rights in employment discrimination laws are:-
A. It is employment discrimination contrary to nondiscrimination policy, unlawful prejudice, to treat employees e.g. working women, colored, foreign workers less favorably than others ~this is the basis of equal opportunities, nondiscrimination laws, in workplace discrimination, be it gender equality, racial equality, disability rights in employment -applying employment discrimination rights is illegal.
B. It is illegal workplace victimization to penalize one for complaining or inquiring about or doing anything in good faith in relation to employment discrimination -be it about discriminatory practices of e.g. gender prejudice or sexual orientation or ethnic relations, even if there has not been, and even if the employer retaliation is not itself employment discrimination ~causing detrimenting after employment ends also is employment discrimination.
Important detail to employment discrimination are:-
Equal Opportunities are not minority rights or women's rights only ~it is equally illegal employment discrimination for e.g. black or women employers to subject to racial inequality or gender discrimination or sexual harassment an employee -in ethnic relations it is employment discrimination whether the employer is of a dominant majority group or minority or same.
Lawful prejudice is possible: in employment discrimination, whether it is race relations, ethnic relations, or sex equality, employers are entitled to employment discrimination in recruitment by preferring a particular racial or ethnic or gender or sexual orientation class to ensure fair gender equality or racial equality respecting nondiscrimination policy ~nonemployment of the disabled is legal employment discrimination if workers are less than 20 -or if a legal musts e.g. safety helmet for Sigh bike messenger.
Racial or ethnic segregation is not unlawful employment discrimination if genuinely otherwise it would disrupt ~in gender equality it is not illegal employment discrimination but lawful discriminatory practice to provide separate one-sex facilities to avoid embarrassment -it is also legal employment discrimination if it would offend a sizable faith.
Otherwise racial segregation can make liable in employment discrimination as race discrimination -if it arises from an employment discrimination complaint, additionally, as employment victimization.
Workplace victimization if is due to e.g. gender prejudice, any employment discrimination complaint must have preceded it: Negorajam -v- Agnew, 1994.
Workplace harassment, be it sexual, religious or belief, ethnic or racial harassment, is more than employment discrimination -it can be, additionally to employment discrimination, a criminal offence ~also if it is only employment discrimination and on its own not of criminal nature, if persisted in, in employment or after termination.
Sex harassment or racist abuse by a colleague is not workplace harassment as employment discrimination if not in course of or at place of work nor related to work -action lies in equal opportunities but not as employment discrimination.
Workplace harassment, e.g., sexual harassment, is required in employment discrimination case-law to be shown to have adversely affected one's dignity: Porcelli -v- Stratchlyde Rural District Council, 1980.
Degrading treatment it is, religious discrimination in equal opportunities and employment discrimination, because of one's religion to apply a condition on the assumption that a law would not be respected -e.g. an undertaking that Sigh builders would wear helmets.
Degrading treatment in employment discrimination under the race relations act (racial victimization -or religious, ethnic, color, nationality, citizenship) takes into account what the complainant of employment discrimination considers so.
Disability discrimination while it is in employment discrimination legislation to not provide some 30% disability work for disabled employees in a workforce of 20 or more -with appropriate work and equipment and workplace adjustments, disability discrimination is subject to employment discrimination precedent and the courts may regard an employer's failure in special interviewing arrangements not a discriminatory practice amounting to employment discrimination but failure of the disabled job applicant, even if the special arrangements need was stated on the application and details were never asked, if disabled persons fail to specify them: Fozzard -v- Grater Manchester Police, 1997.
Disability discrimination is legal if workforce is less than 15, if of indirect effect on disabled workers -it is employment discrimination only if it affects directly.
Disabilities do not entitle to equal rights or disability rights in disability employment discrimination unless for a year seriously disable in ordinary daily activities -else it is not employment discrimination.
Genuine occupational qualification excuses employment discrimination -in equal opportunities employment rights it is one that does not unjustly disqualify an entire class, e.g. female workers or married women employees or transsexual or of a sexual orientation or alien workers ~in employment discrimination such proof is on the employer in sex or race discrimination claims: Panesaar -v- Nestle 1980.
Grading of employees vulnerable to employment discrimination -e.g. working women or black or immigrant workers, may be complained of as employment discrimination ~employer must show that were not taken into account personal factors, e.g. a working woman likely to take maternity leave or a single parent working girl, in assessing: National Vulcan Engineering -v- Wade, 1977, EAT.
Maternity leave, paternity or parental or adoption or dependant leave, in employment discrimination laws are for all -married, partner, or neither ~if it is agreed contractually, employment discrimination laws forbid employers to prefer the contractual or the statutory entitlement -in equal opportunities applicable to employment discrimination employees choose which.
Comparison must be made if one is directly subjected to employment discrimination to show that employment discrimination -less favorable treatment than other workers: Aziz -v- Trinity Taxis, 1998, CA.
Less favorable treatment complained of as employment discrimination must have taken place at the workplace or must be in relation to employment, otherwise it is not employment discrimination ~in ethnic relations, e.g., employer's excluding from a house-warming party is not equal opportunities race equality breach of nondiscrimination policy -but it is employment discrimination if from a workers' office party: Walters -v- Metropolitan Police, 1997.
Equal pay if the employment discrimination has been in respect of, it is inessential for comparison to be of identical work -in employment discrimination precedent similar work suffices: Hayward -v- Canwell Laird Shipyards, 1977 ~e.g. single working girl's work and married working woman's like work.
Internal Appeal offer in employment discrimination must precede worker's dismissal, if made: James -v- Waltham Holy Cross Urban District Council, 1973.
Claims for employment discrimination or e.g. sexual harassment or color victimization must allege so -if only says unfair dismissal the qualifying period may bar an e.g. race equality employment discrimination case exempt from it: British Airways Engine Overhaul -v- Francis, 1981.
Qualifying period for suing does not apply to employment discrimination and workplace harassment -no particular length of service need be shown to sue for employment discrimination ~also so in equal opportunities workplace victimization.
Time limit does apply -in employment discrimination legal proceedings must be commenced within 3 months of the equal opportunities breach or of when the employment discrimination, or the employment discrimination victimization, became known: Cornelius -v- University College -Swansea 1987 CA.
Questionnaires are part of equal opportunities claims in employment discrimination whether sex discrimination, color prejudice, workplace harassment, or employment victimization ~one may serve one on the employer and use answers or non-reply in arguing employment discrimination.
Amendments may be allowed by employment tribunals to employment discrimination complaints, only if are in employment discrimination particulars: Swiss Life & Health Insurance -v- Kay, 2004, EAT.
Adding claims on same employment discrimination also so: Ashworth Hospital -v- Liebling, 1996, EAT.
Onus of proof in employment discrimination is on complainant's on a balance of probabilities ~regard to employer's reasons for the alleged employment discrimination can reverse that: Humphrey's -v- Board of Management of St. George's School, 1978.
The European Court of Justice ruled that the employment discrimination injury to feelings award is limitless in workplace discrimination claims.
Costs may be involved.. employment discrimination laws change.. if suing, it is wise to check current law.
May be of interest -click TEACHER OF TEACHERS