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Employment law for hr managers - Essay Example

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In addition, the company has used terms that specifies the age of future applicants. Therefore, this case could raise an issue of discrimination…
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Employment law for hr managers
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Download file to see previous pages Furthermore, indirect discrimination arises when a person discriminates against another person through applying a ‘provision, criteria or practice’ that is discriminatory against another person. For example, an employer only advertises jobs in magazines aimed at young people.
The first two issues that may arise with regards to showing photographs of white and Asian people are that this is considered by statutory laws to be racial discrimination. However, it could be argued through the use of the principle of positive action which states that racial discrimination is only applicable when a person reasonably believes that he/she would suffer a disadvantage in relation to the characteristic shared. Therefore, in this case it could be argued that races other than white or Asian are not reasonably disadvantaged.2
The second issue in this case is the use of a specified term “young” to relate to the age of the suitable applicants. This could result in age discrimination as mentioned in Equality Act. Age discrimination happens when a person refers to another person in relation to a specified age group3. In this case it could be argued that Outrageous has discriminated by referring to a specific age group.
It could be concluded by the usage of all arguments mentioned above that Outrageous may face problems in relation to the age discriminating terms used in the advertisement. However, the photographs of white and Asian seem to be less important as there are no reasonable grounds to believe that a certain race is being disadvantaged. So it is advisable that Outrageous changes the language used in the advertisement and in the same time keep the photographs as it is.
b) The fact of the case above shows that Outrageous has already done the first round of interviews for the trainee position and has rejected three interviewees, one of them was a male who wears turban another was a Muslim woman aged 21 who wears a hijab the and ...Download file to see next pagesRead More
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