Discrimination Law In Employment - Essay Example

Having had a trans-gender operation will not alter her efficacy as a worker in any significant way. Hence, Alluria’s is a clear cut case of injustice and if she makes a lawsuit she will win. The Disability Discrimination Act of 1995 describes a disabled person as someone who has a “physical or mental impairment, which is long-term or substantial and makes them unable to carry out normal day to day activities and has more than a minor or trivial effect and lasts or is likely to last at least 12 months.

” Karen’s disability has been congenital (hence long-term), substantial and certainly not trivial. It is difficult to see how Karen can be effective in a boutique with such a major disability. However, she had a right to apply for the job. She also did the right thing by disclosing her disability during the interview. It is due to the sloppiness of the interviewer that she got hired in the first place. If this is the real issue then Sonia should inform her so and follow proper Employee Dismissal Procedure, with its due notice period, full and final financial settlement, etc.

But Sonia had not pursued this line of action and instead is nagging Karen to “stop biting her nails”, which is irrelevant to the issue. Karen is also being victimized by Sonia for taking her previous employer to the Employment Tribunal. Karen had every right to take her previous employer to task. Discrimination by way of victimization is said to occur when an employer treats the employee less favourably due to their actions they have taken under or in connection with the DDA Regulations.

In sum, Karen has two grounds for discontent – Disability Discrimination and Victimization – if she decides to take legal action. But Karen has to ensure that the total number of personnel in the boutique is more that 20, as the DDA is applicable only to employers with 20 or more employees. Also, she has to confirm that her particular