Laws Against Discrimination in the Workplace - Assignment Example

Laws against Discrimination in the Workplace No: Laws against Discrimination in the Workplace The aims and objectives of introducing Equality Act 2010 by the UK Parliament are to introduce single act on the subject matter since the numerous acts made the anti discrimination confusing and ambiguous. The cited act comprised of the components mentioned hereunder at seriatim: a) Equal Pay Act 1970 b) Sex discrimination Act 1975 c) Race Relations Act 1976 d) Disability Discrimination Act 1995. The act in question shuns the discrimination in any form may it be in terms of employment or others on the basis of religious beliefs, disability, sex and age (Selwyn 2010). Task No.01 The unwanted attitude of Mr. Sebastian, MP who punches the bottom of Miss Maureen, Special Investigation Reporter of Sunday Exploder during the course of interview is a cognizable offence, hence to be tried in a competent court of law under section 28, entitled “Harassment” of Equality Act-2010 UK (Selwyn 2010). The European Union also endorsed the Section-28 of UK Equality Act-2010 as under: “Any form of unwanted verbal, non-verbal or physical conduct of a sexual nature occurs with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment” (Nairns 2010). Further, the mentioned lady reporter is getting less payment as compared to his male counterpart, Mr. Drago, Sports Reporter of the same news paper. The discrimination is evident from the mentioned fact, for which employer is liable to answer under mentioned Act. Let us look at it with reference to the particular issue. The Equal Pay Act 1970 which stands merged with Equality Act-2010 of UK that passed by the Parliament against the discrimination / discriminatory law that widens the gap between the male and the female in terms of pay package and terms of employment. In the broader perspective it includes wages, holidays, pension, bonuses, medical facilities and other fringe benefits (Nairns 2010). Under the cited Act, an employee can claim his / her rights provided he / she proves that: a) the work is the same b) the value is the same c) the performance is at par. If she proves that both are sailing in the same boat or their assignments are similar in nature, she will surely get the similar benefits as his male colleague is getting (Nairns 2010). Task No.02 The Equality Act 2010 strictly prohibits discrimination against disabled applicants / disabled persons in terms of employment, training, promotion and dismissal. The mentioned act does not discriminate between the perfect employee and the imperfect employee. It provides equal opportunities to both the segments (employer and employee) in order to undertake their responsibilities assigned by their employer (Nairns 2010). Under the cited act, employers have to treat the disabled applicants / job seekers equally and fairly without discrimination of any sort: a) direct discrimination (where a disabled job seeker treat less favorably than other job seekers) b) Indirect discrimination (biased policies of the firm / company towards disabled applicants) and c) un-reasonable adjustments / favoritism in discharging the responsibilities (Nairns 2010). The employer should avoid indulging in an unlawful action to face the distasteful consequences under the aforementioned act: victimization smacks unilateral action or less favorable action against the physically retarded employee b) harassment speaks for itself, if employer violating the dignity of a disabled person or intimidating, degrading and humiliating. It is the duty of an employer to strike a balance between the disabled employees and the non-disabled employees in their establishments with regard to job performance / other benefits under the employee’s services Rules and Regulations (Smith & Baker 2010). To comply with the instructions of the said Act, employers are required to address / remove discriminatory provisions / clauses of service rules and regulations in order to provide equal opportunities and promote healthy competition amongst their staff. This would go a long way in making the organization free from discrimination, where all the employees, irrespective of their physical shortcoming should get a fair treatment (Bowers 2009). In order to create ideal and discrimination free environment for the employees of the firms / offices / organization and to make their stay longer and comfortable, following measures are to be introduced: application forms, interview, recruitment procedures, performance evaluation process, timely elevation to the next grades, staff benefits, premises, working environment, casual leave / annual leave, medical facilities, bonuses etc., these measures if adopted would definitely make an institution attractable for the enterprising disabled / non-disabled employees to join after going through rigorous selection criterion meant for a vacant position to show their mettle (Smith & Baker 2010). It is the bounden duty of the employers and the disabled employees to maintain secrecy of the company’s affairs and must not disclose without the consent of their superiors. If anyone found in disclosing the business secrets / personal information of other employees of the company would be dealt in accordance with the Data Protection Act 1998 and the service rules and regulations in vogue to deter others from so doing. However, the Act in question allows access of another person to personal data / related information for the purpose of risk mitigation upon writing (Smith & Baker 2010). The employers must ensure health, safety and security of their disabled employees. This is necessary as far as the provision of necessary facilities is concerned for both the categories of employees i.e. disabled / non- disabled. Employer should provide necessary training to them thus enabling them to cope with the worst situation of safety and security if arises (Bowers 2009). Task No.03 Equality means to treat the people fairly and equally without any discrimination in terms of gender, religious beliefs, socio economic status. Further, under the law all are equal and answerable to law enforcing agencies on violation of set of rules. In accordance with Article 7 of UN charter for Human Rights categorically stated that "All are equal before the law and are entitled without any discrimination, equal protection of the law”. The same is applicable to the minorities and the downtrodden of the society. Accordingly law of the land treats the people alike whether they are privileged, less privileged or under privileged (Nairns 2010). In the broad spectrum, Human rights are the inborn rights of every human being which he or she inherited by birth. The inborn rights cannot be suppressed or snatched away. These rights are universally applicable and can be categorized as natural rights and legal rights. The human rights are the focal point of every government. Violations of human rights where found, widely condemned by the civil societies besides local and international nongovernmental organizations (NGOs) (Pitt 2009). In most of the countries around the globe, we may found Human Rights Commission at governmental / non-governmental level to raise their concern on the plight of the people in terms of human rights violations. In fact they are the vanguard to protect the rights of the people. In the developing countries their role is highly commendable. People of every walk of life appreciated their efforts towards protection of human rights where ever and whenever it usurped by the dark forces (Smith & Baker 2010). Human Rights commission undertook scores of tasks of creating awareness amongst the people at large and to monitor the human rights situation in the country. The incumbents of local taskforce / regional task force frequently organized seminars, workshops, rallies, fact finding mission on human related issues. Where ever they found flagrant violations of human rights, take up the matter with the concerned ministry / authority to sort out the issues so as to provide a relief to the victims (Pitt 2009). The area of operations of Human Rights Commission in each country: a) to work for the removal of bottlenecks that are in the way of implementing Universal Declaration of Human Rights and its relevant charters, covenants, protocols, resolutions, recommendations and internationally accepted norms b) to mobilize public opinion in favor of adopted norms through print and electronic media c) to cooperate and assist national and international groups, organizations and individuals engaged in the promotion and protection of human rights e) to take appropriate measures to prevent violations of human rights f) to provide legal aid and other assistance to victims of violations and to individuals / groups striving hard to protect human rights (Pitt 2009). Bibliography Bowers, J 2009, A Practical Approach to Employment Law, Oxford University Press, London. Nairns, J 2010, Employment Law for Business Students, Pearson Education, New Jersey. Pitt, G 2009, Employment Law, Sweet & Maxwell, London. Selwyn, N 2010, Selwyn’s Law of Employment, Oxford University Press, London. Smith, T & Baker, A 2010, Smith and Wood’s Employment Law, Oxford University Press, London. Read More