is a discrimination is a company that will best positions only staff who has family in the same corporation? for example if you work in the administration I am looking for a position my brother or sister without recognizing that many employees, who already have been working in the same job and those people are just an for about 6 months to a year! (in a short time and are your supervisors or your leaders when your skills are higher that person!) this is allowed??
DISCRIMINATION OF ANY SORT IS NOT ALLOWED .
IF YOU SEE ONE, PLEASE DISCUSS WITH HR DEPARTMENT OR TO A LEGAL COUNSEL.
Equal opportunities is about far more than simply making sure the employer
does not fall foul of anti-discrimination legislation. Discrimination is most
simply defined as treating a person less favourably because the person belongs
to a particular group.
An organisation committed to equality will want to be clear that it recognises
and welcomes diversity amongst the workforce, and that the workforce itself is
reflective of the population from which it is drawn and the geographical area in
which service is delivered.
Current law prohibits discriminating on the grounds of sex, race, colour, marital
status, nationality, ethnic origins, disability and working time (i.e. part time
workers must receive equal treatment to full time staff). Employers who fall
foul of the law should appreciate that the financial penalties can be unlimited. It
will be an inadequate defence for employers to say they did not mean to
Legal requirements aside, many employers are taking a broader view and are
including statements to the effect that discrimination will not occur in relation to
age, sexual orientation, or religious groupings.
Discrimination can either be direct or indirect.
Direct discrimination occurs where the employer makes assumptions about the
characteristics and abilities of a person belonging to a particular group. For
example, a business, which deliberately avoided recruiting women to work in its
maintenance squad on the assumption that women would not be strong enough,
would be guilty of direct discrimination. Direct discrimination is almost always
Indirect discrimination can be harder to recognise. It is found in situations
where employers apply conditions to various people, but these have a
disproportionate effect on members of a particular group. For example it would
be likely be indirect discrimination were an employer to insist that support for
staff training costs is only to be available to employees with ten years unbroken
service. Again taking women as an example, it could be argued that they would
be less likely to be able to achieve this given their greater likelihood to take
career breaks to have and raise children.
In specific circumstances the employer may be able to justify indirect
discrimination so as to make it lawful, as long as the employer can satisfy two
That there was a solid reason for the discriminatory criteria applied
That the reason the criteria were introduced was not related to sex or race
of the employee concerned.
These tests are interpreted strictly and employers should avoid any attempt to
construct circumstances in order to justify discrimination that has occurred.
Sex discrimination law protects both men and women and the scope of
legislation is often interpreted fairly widely. Any less favourable treatment,
which cannot be justified, on grounds of sex is discriminatory and thus
A few obvious exceptions, known as .Genuine Occupational Qualifications. are
written into this legislation to cover situation where consideration of decency
and privacy might arise. For example care staff in single sex hostels offering
high-level support to residents may need to be drawn from members of the same
sex. Again these criteria are very tightly enforced and should not be introduced
frivolously in order to get round discrimination claims.
Whilst protecting married people against discrimination, law does not offer
similar protection to single persons. Notwithstanding this the Equal
Treatment Directive does include single people and it would therefore be good
practice for employers to treat single people similarly and ensure, for example,
that any benefits of employment available to spouses are similarly open to
Protection under legislation covers all racial groups and so white people are
afforded the same cover as those from black, Asian and other groups. Both
direct and indirect discrimination is covered under this legislation and both are
prohibited with racial harassment being seen as direct discrimination.
Some aspects of indirect discriminatory practice may be, for example, an
employer insisting on a dress code that is at odds with dress requirements of a
group covered such as Sikhs and the wearing of headgear.
This more recent piece of legislation makes it unlawful to discriminate against
people with disabilities. In an employment context it only applies to
organisations with 15 or more staff.
Under the legislation disability is defined as a physical or mental impairment,
which has a substantial and long-term adverse effect on a person.s normal dayto-
day activities. Substantial is taken to mean more than trivial or minor, and
long term means having lasted or likely to last 12 months or more.
Disability discrimination law differs from Race and Sex in that there is no use
of the two concepts of direct and indirect discrimination. Instead it is unlawful
to offer less favourable treatment to disabled people . unless it can be justified.
There also falls upon employers a duty to consider making reasonable
adjustments in order to assist people with disabilities gain equal access to all
employment benefits that are available to the general body of staff.
Equal opportunities complaints most commonly arise at the recruitment stage.
However organisation should ensure that a framework of equal opportunity is
actively designed into all its employment policies and that commitment to such
principles is featured in the Job Descriptions of its senior managers.
There are three statutory bodies that are happy to offer advice to employers:
The Equal Opportunities Commission
The Commission for Racial Equality
The Disability Rights Commission