The bank would need to prove that its policy was necessary for business reasons such as to prevent fraud and that there was no practical alternative Harassment Harassment occurs when someone makes you feel humiliated, offended or degraded. For example: a young British Asian man at work keeps being called a racist name by colleagues.
His colleagues say it is just banter, but the employee is insulted and offended by it Harassment can never be justified. Victimisation This is when you are treated badly because you have made a complaint of race related discrimination under the Equality Act.
For example: the young man in the example above wants to make a formal complaint about his treatment. His manager threatens to sack him unless he drops the complaint. Circumstances when being treated differently due to race is lawful. A difference in treatment may be lawful in employment situations if: belonging to a particular race is essential for the job.
This is called an occupational requirement. For example, an organisation wants to recruit a support worker for a domestic violence advice service for South Asian women. The organisation can say that it only wants to employ someone with South Asian origins an organisation is taking positive action to encourage or develop people in a racial group that is under-represented or disadvantaged in a role or activity.
For example, a broadcaster gets hardly any applicants for its graduate recruitment programme from Black Caribbean candidates. It sets up a work experience and mentoring programme for Black Caribbean students to encourage them into the industry. The young woman who interviews him finds him pleasantly similar to her favourite grandfather and tells him this as a compliment. This may be discrimination based on age and gender, even though it is clear the interviewer liked the man on a personal basis, and the person actually hired may have been more qualified for the job.
In many cases, discrimination results from a tendency to build society as though everyone is the same as the people in power — all young, one gender, one race, one religion or one level of ability. Failing to consider many perspectives, or not planning to include all people, may result in barriers to access for persons identified by the Code.
Such barriers, even if unintended, are discrimination. It is a principle of human rights that persons should be judged on their individual attributes, skills and capabilities, rather than on stereotypes, prejudice or assumptions.
Prejudice is a strong dislike or negative feelings held by someone about another person or group. These types of attitudes can be expressed as "isms" ageism, sexism, racism, etc.
When people are stereotyped, all people in the group are given the same characteristics, regardless of their individual differences. An example is treating someone in an unequal way due to one of the grounds listed in the Code. While racism, sexism, etc. Therefore, it is important from a human rights perspective to address acts of discrimination and also ageist, sexist, racist, etc.
As well as harassment, the Code prohibits many other kinds of discrimination, such as systemic discrimination or failing to accommodate Code -related needs. Discrimination can take many forms. In some cases, discrimination may be direct and intentional for example, if a person or group treats another person differently on purpose because of a Code ground. This type of discrimination generally arises from negative attitudes and biases relating to that ground.
Example: An employer rejected a Black candidate for a job after meeting her. He was visibly shocked and turned her down flat, without asking about her credentials. When asked what was wrong, he said something about maintaining the company image.
Discrimination exists when rules, standards or requirements that appear to be neutral have a discriminatory impact on people identified by the Code. In some cases, direct discrimination takes place through another person or other means. Discrimination can also occur when an employer adopts a practice or rule that, on its face, discriminates on a prohibited ground.
Example: A workplace adopts a rule of not hiring women who wish to start a family. This would be direct discrimination based on sex and family status. Example: A placement agency refuses work to a bisexual, lesbian or gay person, because the company using their services told them to. In these three examples, the people giving the instructions can be held responsible for discriminating. The persons who followed the instructions to discriminate have also engaged in discrimination — they cannot claim to have just been following orders.
Section 12 of the Code states that a person cannot be discriminated against or harassed because of his or her association, relationship or dealings with another person identified by a ground in the Code. This protection exists whether or not the person being discriminated against is identified by the same ground in the Code.
Example: A White employee is refused a promotion because she has a close friendship with a Black employee. Example: A parent of a child with a severe disability is fired after missing work too many times to deal with medical emergencies.
In some cases, discrimination is subtle or covert. Intent or motive to discriminate is not a necessary element for a finding of discrimination — it is sufficient if the conduct has a discriminatory effect. Subtle forms of discrimination can often only be detected after looking at all of the circumstances. Individual acts themselves may be ambiguous or explained away, but when viewed as part of the larger picture, may lead us to think that discrimination based on a ground in the Code was a factor in how the person was treated.
Example: A woman is one of four people granted job interviews, from a pool of several dozen people who sent in resumes by mail. When she appears in person, the interviewer seems surprised and uncomfortable, does not make eye contact, and seems to hurry through the interview. The woman feels that the interviewer assumed that she was a lesbian based on aspects of her gender presentation, such as her hairstyle and clothing. She later learns that she did not get the position, but the company does not explain its decision.
Example: A Black vice-principal repeatedly tried to get promoted to the position of principal. It can be hard to determine if subtle discrimination is a factor in such situations.
You may need to investigate and analyze the total context of the alleged behaviour, comment or conduct. This would include thinking about evidence that compares how others were treated in a similar situation, or evidence that a pattern of behaviour exists. Discrimination based on a Code ground may be found even if there were other legitimate reasons for decision or treatment, as long as it was one of the factors. The following types of treatment in employment may indicate subtle discrimination based on the Code :.
Discrimination may be found to occur even when there has been no overt or implied reference to a Code ground. However, if comments linked to a Code ground are made, they can be further evidence that discrimination has been a factor in the way someone is treated. Similarly, a finding of discrimination may be made when someone makes negative comments about a person advocating for human rights protections or equitable treatment.
One of the more complex forms of discrimination is systemic or institutional discrimination. Systemic discrimination refers to policies or practices that appear to be neutral on their surface but that may have discriminatory effects on individuals based on one or more Code grounds. Example: A small company is proud of its intensive team-building approach.
People who do not attend these events are less successful at building the internal networks that lead to promotions. Employees who are female, single, gay or lesbian may not feel welcome at these events. Is this a form of sexual harassment? The conduct as described is not sufficient to constitute sexual harassment; it must be of a sexual nature. I am aware that Title VII of the Civil Rights Act of prohibits discrimination based on race, color, religion, sex including gender identity, sexual orientation, and pregnancy , and national origin.
What is the difference between race discrimination and color discrimination? Race discrimination occurs when employees are treated differently than other employees because of unalterable characteristics, such as physical features attributed to their race.
For example, this Act prohibits discrimination against an Asian individual because of physical characteristics such as facial features or height. Color discrimination occurs when persons are treated differently than others because of their skin pigmentation. Color discrimination can occur within the same ethnic group. So does that mean that individuals of the same race can discriminate against another because of different skin pigmentation?
Sex discrimination occurs when men and women who are similarly situated are treated differently based on gender. It takes place when deliberate, repeated, or unsolicited verbal comments, gestures, or physical contacts of a sexual nature are unwelcome. Retaliation is a discriminatory or adverse action made against a person who files a complaint or charge, participates in an investigation or charge, or opposes an employment practice made illegal by any of the statutes.
Employees are protected from retaliation in the EEO process. The most obvious types of retaliation are denial of a promotion, refusal to hire, denial of job benefits, demotion, suspension and discharge. Other types of adverse actions include threats, reprimands, negative evaluations, and harassment.
After a female employee filed an EEO complaint of discrimination stating she was denied a promotion because of her gender, one week later the supervisor invited a few employees out to lunch. The employee believed she was excluded because of her EEO complaint. Is this reprisal? Even if the supervisor chose not to invite the employee because of her charge, this would not constitute unlawful retaliation because it is not reasonably likely to deter protected activity.
The supervisor excluded the employee from these lunches after she filed the sex discrimination charge. If she was excluded because of her charge, this would constitute unlawful retaliation since it could reasonably deter this employee or others from engaging in protected activity.
Union activity is not a protected activity. Read more details about discrimination laws and regulations go to the EEOC webpage external icon. Skip directly to site content Skip directly to page options Skip directly to A-Z link. Section Navigation.
Facebook Twitter LinkedIn Syndicate. Types of Discrimination. Minus Related Pages. Can you cite examples of term, condition, or privilege of employment? Top of Page Disability Discrimination Are there any laws that protect employees from disability discrimination? Victimisation means treating somebody less favourably than others because they tried to make, or made, a complaint about discrimination. For example, it could be preventing you from going on training courses, taking unfair disciplinary action against you, or excluding you from company social events.
If you are treated unfairly, but it is not for one of the reasons listed above, it may be that you are being bullied. Bullying should never be acceptable in or outside of the workplace. If you are trying to take up your statutory rights and your employer treats you unfairly for this, you may be able to take legal action.
For example, your employer is not entitled to mistreat you because you've asked to be paid the National Minimum or Living Wage.
Other rights where you are protected from being mistreated because you have asked for them in good faith include:. We will not reply to your feedback. Don't include any personal or financial information, for example National Insurance, credit card numbers, or phone numbers. The nidirect privacy notice applies to any information you send on this feedback form. Comments or queries about angling can be emailed to anglingcorrespondence daera-ni.
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