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Business and Employment Laws - Research Paper Example

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This paper “Business and Employment Laws” tries to investigate the issue of employees’ discrimination. The enactment emphasizes ensuring equal chances to all the job seeker irrespective of gender, race, disability, and age. It provides safety for ladies and assures equal pay along with males…
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Business and Employment Laws
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Download file to see previous pages The discrimination under name of sex is of mainly two categories. (1) Direct discrimination and (2) indirect discrimination.
If women are treated with less priority compared to men directly in the name of dress code, harassment etc. it would be treated as direct discrimination and strong punishment for employer would be resulted according to the Sex Discrimination Act 1975 Section 1 (Greig v Community Industry (1979); Ministry of Defence v Jeremiah (1980); James v Eastleigh BC (1990)). Women were discriminated in the cases like Schmidt v Austicks Bookshops Ltd (1978); Barrett v West Birmingham HA (1994) and Smith v Safeway Plc (1996) in the name of dress code which comes under direct discrimination. Women harassment under cases like Porcelli v Strathclyde Regional Council (1986); Moonstar v Fiveways Express Transport Ltd (2005) would also come under direct discrimination. The employers who indulged in the direct discrimination of women and involved in their harassment would be strongly punished according to the Sex Discrimination Act 1975 Section 4A and Employment Equality (Sex Discrimination) Regulations 2005. It also postulates that the harassment of women in employment includes women harassment on the ground of her sex and if he engages in unwanted conduct that has the purpose or effect (i) of violating her dignity, or (ii) of creating an intimidating, hostile, degrading, humiliating or offensive environment for her. It will also include if he engages in any form of unwanted verbal, non-verbal or physical conduct of a sexual nature that has the purpose or effect, (i) of violating her dignity, or (ii) of creating an intimidating, hostile, degrading, humiliating or offensive environment for her, or on the ground of her rejection of or submission to unwanted conduct of a kind mentioned in paragraph (a) or (b), he treats her less favorably than he would treat her had she not rejected, or submitted to, the conduct. The case of Burton & Rhule v De Vere Hotels (1997) and Jones v Tower Boot Co Ltd. (1997) also suggests that the employers may be liable for unlawful actions of their employees which take place during the course of employment.  ...Download file to see next pagesRead More
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