Describe Potential Forms Of Discrimination In Businesses.

[1] Describe Potential Forms Of Discrimination In Businesses

Discrimination any situation in which a group or individual is treated unfavorably based on prejudice, usually against their membership of a socially distinct group or category. Such categories include ethnicity, sex, sexual orientation, religion, socio-economic status, age, and disability. Discrimination applying to the equal availability of employment opportunities, housing, and goods and services is widely legislated against.

Gender

A person now has the right not to be subjected to less favorable treatment on the grounds of sex, and can sue the discriminator for damages if there is discrimination. It is applicable, typically, in the provision of employment, services, and education.

Discrimination, either direct or indirect, is prohibited. Direct discrimination occurs, generally, when a benefit is denied to a woman simply because she is a woman: this law has been used to enforce equality in the workplace, as well as requiring, for example, “men-only” public bars to admit women. Indirect discrimination occurs when a benefit or employment opportunity depends on a requirement that is more likely to be met by one sex than another, and which cannot be objectively justified against job-related criteria: it has been used to make unlawful a top age limit for many job applications, for example, because more women than men are likely to be over this limit, since women are more likely to have taken time out of a career to have children.

In order to give effect to the Acts, the Equal Opportunities Commission was established in Britain. It operates by supporting test cases under the Acts, investigating employers suspected of widespread discrimination, and promoting equality of opportunity, via, for example, good practice guides for employers. While it is funded by the government, it is an independent body, and has successfully sued the government on behalf of part-time workers, the majority of whom are female.

A related provision against discrimination requires that there should be no discrimination with regard to employees' pay on the grounds of sex. European law has become increasingly significant in this area, since the treaty of the European Union guarantees equality of treatment on the grounds of sex. British law has been significantly affected, in particular, in extending the right to equal pay to include those doing jobs of equal value, and not just those doing the same job.

The anti-discrimination laws have limits that some feel have restricted their usefulness. In some cases, however, indirect discrimination may be justified if an employer can demonstrate that the potentially discriminatory requirement being imposed can be objectively justified according to job-related criteria. This is a very difficult area, and is dependent on individual circumstances. Sex discrimination laws do not extend to private clubs, which are free to restrict their membership, as many do, to one sex only.

Perhaps most significantly, discrimination can be very difficult to prove, although industrial tribunals, to which cases are put, can draw inferences from evidence put before them. Claims made under the Sex Discrimination Acts must be lodged with an industrial tribunal within three months, minus one day, of the alleged discriminatory act. Claims involving pay under the Equal Pay Act can be lodged during the period of employment, or within six months of leaving.

Race

Racial Discrimination, treatment of individuals unfavorably compared to others on the grounds of their race. The right not to be discriminated against is enshrined in several international conventions on human rights, and in many national constitutions. A person now has the right to sue for damages if he or she is a victim of discrimination on grounds of colour, race, nationality, or national or ethnic origins. Under law, if the discrimination is direct treating a person less favorably than another by doing or not doing something, expressly because of the person's race it can never be justified. If the discrimination is indirect setting up a requirement that is less likely to be met by a person of one race than a person of another it can only be justified if there is some other valid reason for the requirement. An example of indirect discrimination which might be justified is where a position requires that a certain ability with the English language be reached by a job applicant; even if fewer people of a certain race would be likely to meet the requirement than white people, a person of that race could not claim to have been unfairly discriminated against if the language ability was necessary for the job.

The enforcement of these rules in Britain is helped by the Commission for Racial Equality, which can help support cases against discriminators and will investigate allegations of discrimination. It also has an educative function. The Commission is government-funded but independent.

The prohibition of discrimination in this way is severely limited, because it is only of effect where the discrimination can be proved in a court or to a tribunal. Where it is simply due to the unexpressed bias of an employer, for example, the subjective nature of an employer's decisions, especially regarding the appointment of staff, it is often impossible to prove the bias. Ethnic minorities are still under represented in prestigious and better-paid jobs, and over represented in terms of unemployment.

A solution that has been offered is to demand that employers have a minimum quota of positions to be held by ethnic minorities, enforceable either by law or by the government refusing to make contracts with them without it, as can be done sometimes in the United States. An alternative is compulsory monitoring backed up by the power to ensure the implementation of equal opportunities policies, as is the case in Northern Ireland over religious discrimination. This approach has not been taken up by the government.

Religion

Under the civil acts rights of 1964 it prohibits anyone to discriminate anyone because of their religion. Employers are not allowed to give lower wages to any of their employees because of their religion, they are also not allowed to make their employees work under different working conditions under the Civil Acts Rights of 1964. If anyone feels that they are being treated differently because of their religion they are allowed to take the company to court under the Civil acts rights of 1964.

Age

'Age Discrimination in Employment' refers to ANY age. Young or old, people ...

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Religion

Age

'Age Discrimination in Employment' refers to ANY age. Young or old, people can be discriminated against because of their age. Though acknowledging the above, ADE is a campaigning group for the older worker. Age discrimination itself is by no means a simple issue. It is a much larger and more complicated issue than say sex or race, as it will probably affect all of us many times throughout our lifetimes. The aspect of age discrimination that is focused on is 'age discrimination in employment' which targets the most dangerous aspects of employers' prejudices.

As yet there is NO legislation in the UK to protect older workers from employer prejudice, so it can be extremely difficult to bring an action against employers. However under the headings of 'Human Rights' and 'Unfair Dismissal' and under the legislative rules of the EOC (Equal Opportunities Commission), some cases have been brought against individual employers. Almost all of these have been settled out of court.

Furthermore, it can also be difficult to prove ADE in individual cases. Generally however, it is easy to recognise a company that discriminates against its employees, as they tend to have lower ratios (far fewer older workers than younger ones).

In the UK workforce, there are nearly as many workers over the age of 45 as there under. So when you look in more global terms at some industries, for instance the financial services sector, you will find much lower ratios. Clearly they make a preference for younger employees and that, in simple terms, is discrimination.

Differential Behaviour and Procedures

This can include differential behaviour towards people because of their race, gender or ethnic origin. Under the sex discrimination act and the race relations act it is against the law to treat anyone differently because of the gender, race, religion or ethnic origin. If anyone feels that’s they are being discriminated at because of any of the above reasons they are allowed to take that person to court.

Harassment

Sexual harassment, in law, a type of employment discrimination. Sexual harassment can take many forms, including requests for sexual favors, unwelcome sexual advances or other unwelcome verbal, physical, or visual conduct of a sexual nature made, either explicitly or implicitly, as a term or condition of any individual's employment, as a basis for employment decisions affecting the individual, or in a manner that creates an intimidating or offensive working environment. In the United Kingdom, laws dealing with sexual harassment are based on Title VII of the Civil Rights Act of 1964, which forbids discrimination in employment on the basis of sex, race, religion, or national origin. The Equal Employment Opportunity Commission, which was created by the act, issued rules in the 1980s stating that an employer must provide a workplace free from sexual harassment or intimidation. The Supreme Court upheld this rule in 1986 when it held in Meritor Saving Bank vs. Vinson that sexual harassment creating a hostile or abusive work environment, even without economic loss for the person being harassed, was in violation of Title VII of the Civil Rights Act of 1964. Employees who have been subjected to sexual harassment can file suit in civil court against employers and ask for monetary damages from them. Harassment can also include nasty jokes, graffiti and displays stereotype and bad behavior.

[2] Identify Legislation and Enforcement agencies

Legislation

Equal Pay Act

Equal Pay, concept that all those doing the equivalent job (or jobs of equal value) should be employed on equivalent terms and conditions. Many countries have introduced legislation embodying this principle. The 1970 Equal Pay Act in Great Britain entitled a woman to be employed on contractual terms and conditions not less favorable than those of a man with whom she wished to compare herself, if she was engaged in “like work” with him or her job had been rated equivalent to his following a job evaluation study. To bring Great Britain into line with European Community requirements the act was amended in 1983 to include instances where the woman's work was of equal value (defined in terms of such things as skill, effort, and responsibility) to the man's. Among tribunal judgments it has been held that a female canteen cook's job is of equal value to that of a male joiner, painter, and sanitation engineer. Despite improvements in the level of women's wages, average male wages in the United Kingdom are at present about one-third higher than women's; in 1965 average male wages were double those of women. Explanations of low pay among women include the fact that many work (and only want to work) part-time, and/or that many work in factory operations (such as food processing or packing) that are mostly (if not totally) carried out by women. In a factory that employs only women workers there are no men with whom a woman can compare her value. In many countries of the Third World, where the legal status of women may in any case be inferior to that of men and where poverty and weak institutions may make enforcement impossible, efforts to establish the principle of equal pay have made little headway.

Sex Discrimination Act

The Sex Discrimination (Gender Reassignment) Regulations 1999 clarify GB law relating to gender reassignment. They are a measure to prevent discrimination against transsexual people on the grounds of sex in pay and treatment in employment and vocational training. This reflects a ruling by the European Court of Justice that the dismissal of an employee undergoing gender reassignment is contrary to the European Equal Treatment Directive. The UK (and all Member States) is obliged to implement such European law.

The effect of the Regulations is to insert into the Sex Discrimination Act 1975 a provision which extends the Act, insofar as it refers to employment and vocational training, to include discrimination on gender reassignment grounds. Thus, for the purposes of employment and vocational training, discrimination on grounds of gender reassignment constitutes discrimination on grounds of sex, and is contrary to the Sex Discrimination Act. Employers who breach the Sex Discrimination Act 1975 in respect of discrimination on gender reassignment grounds will be liable in the same manner they would, for example, for discrimination against a woman on grounds of sex.

Detailed information about the Sex Discrimination Act 1975 can be found in the Department for Education and Employment's publication: A Guide to the Sex Discrimination Act 1975.

Race relations Act

Race Relations Act, British Act of Parliament passed in 1976 which had the effect of strengthening the law affecting racial discrimination, and extending the 1968 ban on such discrimination to credit facilities, housing, employment and insurance bodies. A further accomplishment of the act, put into effect in 1977, was the establishment of a permanent Race Relations Commission. The purpose of this body was to eradicate discrimination and to promote equality of opportunity and better relations between different racial groups in the United Kingdom.

The origins of the Race Relations Act go back to the 1950s, at which time large numbers of West Indians moved to the United Kingdom in response to invitations from large UK-based companies. Later, in the first years of the 1960s, immigrants from Pakistan and India came in numbers that exceeded 50,000 per year before the first Immigration Act (1962) restricted entry to those carrying employment vouchers, and a further measure in 1965 limited those vouchers to 8,500 per year. Once in Britain the newly arrived immigrants tended to settle in inner-city localities where their problems and their presence came to be associated with the quite separate difficulties of the decaying inner cities. In the aftermath of the two waves of immigrations, the growing economic difficulties of the United Kingdom (especially unemployment) led very rapidly to a state of racial inequality, prejudice, violence, and discriminatory practices towards the ethnic minorities. The Race Relations Act was intended to alleviate these problems, but over the years its measures proved very difficult to enforce.

Fair Employment Act

The fair employment act and of 1989, Both company and individual can be held in liable law if they contravene with the act.

The fair employment act makes it unlawful to discriminate on the grounds of someone religious beliefs.

Enforcement Agencies

Equal Opportunities Commission (In Wales)

In recent years the EOC’s work in Wales has focussed on expanding and developing powerful partnerships that add value to small resources and can be effective. These are reinforced through the Wales Advisory Committee, which brings together senior people from a range of sectors to advise and assist the Commission in the development of its work in Wales. The office in Wales holds a range of EOC publications in English and Welsh, including some produced specifically for Wales.

The contact address for the EOC in Wales is: -

Equal Opportunities Commission, Windsor House, Windsor Lane, Cardiff CF10 3GE

And their phone number is: -

+44 (0) 29 20343552

and their fax number is

+44 (0) 29 20641079

Commission For Racial Equality

The Commission for Racial Equality is a publicly funded, non-governmental body set up under the Race Relations Act 1976 to tackle racial discrimination and promote racial equality.

It works in both the public and private sectors to encourage fair treatment and to promote equal opportunities for everyone, regardless of their race, colour, nationality, or national or ethnic origin.

It provides information and advice to people who think they have suffered racial discrimination or harassment.
It works with public bodies, businesses, and organisations from all sectors to promote policies and practices that will help to ensure equal treatment for all.
It runs campaigns to raise awareness of race issues, and encourage organisations and individuals to play their part in creating a just society.
It makes sure that all new laws take full account of the Race Relations Act and the protection it gives against discrimination.

Fair Employment Commission

The fair employment act and of 1989, Both company and individual can be held in liable law if they contravene with the act.

The fair employment act makes it unlawful to discriminate on the grounds of someone religious beliefs.

The Fair Employment Commission has been set up due to this act and provides information for companies and individuals.

Industrial Tribunals

Industrial Tribunal, relatively informal (and inexpensive) “court” that adjudicates on disputes between employers and employees. In the United Kingdom, industrial tribunals were established in 1964, but it was not until the 1975 Employment Protection Act that their role became of significant importance. Today they deal with cases that involve allegations of unfair dismissal, (un)equal pay, sexual discrimination, and other breaches of an employee's statutory or contractual rights.

An industrial tribunal, which in Britain normally consists of a legally qualified chairperson assisted by lay members, may dismiss a case, award compensation, and/or (in some circumstances) insist that an organization reemploys the person who has brought the case, if the employee so wishes. Tribunal decisions can be challenged by an application for review on a variety of grounds, including the availability of new evidence the existence of which could not have been reasonably known or foreseen. An appeal against a decision made by an industrial tribunal may generally be made only (with some exceptions) on questions of law, not fact. There are some exceptions to this; for example, if the tribunal has acted perversely (in a way that no reasonable tribunal could have acted). An industrial tribunal does not normally award costs unless one of the parties is judged to have acted frivolously, abusively, disruptively, or otherwise unreasonably in bringing proceedings.

Industrial tribunals have provided an easy and practical forum for the resolution of disputes between employers and employees. Since their introduction, they have also proved a new form of business for lawyers, even though the intention behind their institution was to reduce the need for legalism in this field. Employers will often choose to be legally represented at an industrial tribunal and trade unions may provide representation for a member who wants to take proceedings against his or her employer.

Courts

There are many different types of courts and several ways of classifying them. A basic distinction must be made between trial courts and courts of appeal. Trial courts, also called "courts of first instance," deal with the parties in conflict, hear witnesses, receive evidence, search out facts, and render a verdict, or decision. Courts of appeal review the work of trial courts and correct their errors, if any.

Courts can also be classified by the types of cases they handle--either civil or criminal. In some countries there are courts of general jurisdiction, meaning that they may deal with cases of both kinds. There are also specialized tribunals, or courts of limited jurisdiction, that deal with specific types of cases such as divorce or labor disputes. And the armed services have their own legal system and courts.

[3] Explain Possible Benefits For Businesses Operating Equal Opportunities

Policies

Benefits

The benefits of a business, which operates with an equal opportunities policy is that they would gain a positive image. Employees then will have a positive image of the company that they are going to work for and therefore become more motivated, this has the advantage to the business as if they have more motivated staff they will be able to work with more enthusiasm and commitment to their work leading to improved working methods.

Employees may rather choose a business with an equal opportunities policy than one without leading, businesses to have more qualified staff.

Another benefit is that they are complying with the law so that under the law they have to produce an equal opportunities policy to all of their employees so that they know that if they are facing any sort of discrimination they can go to court and claim this. A benefit is that the business is respected because of this.

Another benefit is that the business will gain improved motivation with their employees. With more motivated staff the business will be able to recognise better working methods within employees, employees being more committed and enthusiastic about their work. Employees will do their work more enthusiastically and with more effort. Tasks will be carried out faster and more work will get done.

Another benefit is increased efficiency, which means that staff will be able to carry out their works tasks more efficiently as they do not have to worry about being discriminated against their race, religion, age and gender. And if they are being discriminated they know that they can do something about it. Employees knowing this will be able to work more efficiently as they can concentrate on their work tasks more.

Ethos of equal opportunity for the employer, this can be done in many different ways such as when the employer will take full responsibility in ensuring that equal opportunities is carried out in the business, an example of ethos of equal opportunity employer would be in a job advertisement, showing member of the public or applicants that the employer takes full care of ethos of equal opportunity.

This is a benefit to the business, if the business does this it gives the business a good reputation for caring for its employees, if members of the public see this they will respect the business and therefore may shop or use the businesses services more.

Another benefit is that employees will work better together as they will be able to learn that they are going to have to work with a range of different people. So by producing equal opportunities policy employees are going to be more careful as how they act around each other as they know that they are working under an equal opportunities policy.

The benefit is that if employees are able to get along with each other better then they will be able to work together better as team and go to each other when they need help or advice.

By doing this work will get done more quickly and efficiently and there will be less arguments between employees and therefore group work will get done peacefully.

[4] Investigate The Components Of An Equal Opportunities Policy For A

Business

Aims and Objectives

The aims and objectives of an equal opportunities policy for a business is that they would have happier members of staff and they would be happier working in non-discrimination environment, this would make staff work better. Another aim is that the applying with a legal compliance to have an equal opportunities policy.

The objective of having an equal opportunities policy is that staff will be able to work under a better environment, be more motivated, work more efficiently as the do not have to worry about being discriminated and if they are they can do something about it.

Relevance To Situation

An equal opportunities policy is relevant to the situation as a business should be free from any possible forms of discrimination, if this is not done properly then the business will result in being unsuccessful as its staff and members would be unhappy, this will lead to poor working methods.

Implementation Of Procedures

Equal opportunities could be implemented by warning the staff of any staff of any forms of discrimination and the effects and punishment which discrimination can lead to, if this is done well the amount of discrimination would decrease, if the business also issued literature to members of staff and posters this will also help to decrease discrimination. This will help staff members to be more aware of the discrimination within a business. Another way of implementing procedures would be by introducing an equal opportunities policy.

Monitoring Procedures

This could be done by checking to see how employees are doing within the business this can be done by having a member of staff to talk to members of staff actually to ensure that no discrimination of any form is taking place within the business. This would also help staff members feel secure in the business environment. Another way of monitoring procedures would be by giving members of staff questionnaires with questions asking whether they are facing any forms of discrimination. Another form is by observing staff attitudes towards others.

Responsibilities

If a business gave responsibilities to a member of staff with there roles being to ensure that equal opportunities were carried out in the business and to help in implementing them, this could help to decrease any forms of discrimination and it would help the employees to be aware that they could speak to certain individuals about any discrimination which may be occurring. An example f someone that they can go to for help is a union leader.

Ensuring Effectiveness

By monitoring progress this method would work by looking at the number of complaints and the actions taken to prevent any more complaints, which may be in occurrence effectiveness could be looked at individually performance. The business can try ensure that their methods are effective is by monitoring employees behaviour at work.

Documentation

Documents could be signed before committing work, stating that staff and individuals are aware of the various forms of discrimination and the consequences of such discrimination this would help the business because of any employees saying that they were not aware of the consequences which may need to be faced for such discrimination. Legal documentation could be given to employees before they start work to ensure that they are aware that the business runs under an equal opportunities policy.

Publicity

Posters and leaflets could be made showing that the business is very much against any form of discrimination and how the business tries to prevent any forms of discrimination from occurring and there aims and objectives in achieving this. Leaflets should be handed to all new employees letting them know that they are against any forms of discrimination within the business.

Training

During training or an induction programme staff should be taught to be aware of any forms of discrimination and that they should not discriminate any of their team mates they should also be taught what they can be done if they are facing any forms discrimination. Also they should try to be aware if they feel that if any of their team mates are being discriminated they should report to a member of staff such as a union leader, who will then try to resolve the problem.

They should also be aware of what the consequences are of discriminating anyone within the business.