When your employer treats workers differently because of their protected characteristics, the differential treatment is discriminatory and illegal. Some of the protected characteristics include the following: Race Color National origin Age Gender Disability
What are the protected characteristics and types of discrimination?
The Equality Act 2010: protected characteristics and types of discrimination. The Equality Act covers exactly the same groups of individuals that were protected by the previous legislation. However, the headings of age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, marriage and civil partnership,...
Which is the only type of direct discrimination that is lawful?
It is the only type of direct discrimination which may be lawful, but only if it is ‘objectively justifiable’. A protected characteristic possessed by someone who they are associated with (such as a member of their family or a colleague). This is direct discrimination by association.
What does differential treatment mean in employment law?
In the employment context, differential treatment often means that an employer treats a group of employees differently from other groups because of specific characteristics that they are unable to change. If your employer engages in differential treatment, it may be unlawful if it is for a discriminatory purpose.
Are You being treated differently due to discrimination?
Since differential treatment is often legal, it can sometimes be difficult for employees to decipher the difference between when it’s unfair and when it could be breaking a law. An employment discrimination lawyer can help employees who believe they’re being treated differently due to discrimination.
What are the protected characteristics of discrimination?
Applicants, employees and former employees are protected from employment discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability and genetic information (including family medical history).
What is differential treatment discrimination?
In the employment context, differential treatment often means that an employer treats a group of employees differently from other groups because of specific characteristics that they are unable to change. If your employer engages in differential treatment, it may be unlawful if it is for a discriminatory purpose.
What are the 9 protected characteristics of the Equality Act?
What are the protected characteristics?age.disability.gender reassignment.marriage or civil partnership (in employment only)pregnancy and maternity.race.religion or belief.sex.More items...
Who is protected from employment discrimination quizlet?
all persons over age 40 are covered; the Age Discrimination in Employment Act (ADEA) prohibits discrimination in employment against persons on the basis of age. a basis for employment discrimination based on exploitation of genetic information about a current or potential employee that affects employment decisions.
What is discriminatory treatment?
What is discrimination? Discrimination is the unfair or prejudicial treatment of people and groups based on characteristics such as race, gender, age or sexual orientation.
How can we promote equality through differential treatment?
On a general level, differential treatment can be understood in terms of positive discrimination of one entire group or category of people in order to equalize their rights and freedoms to those of the majority. In other words, sometimes it is necessary to deliberately treat people in unequal ways to achieve equality.
What are the 4 main types of discrimination?
There are 4 main types of discrimination under the Equality Act:Direct discrimination.Indirect discrimination.Harassment.Victimisation.
What are the 3 types of discrimination?
Race, Color, and Sex Color discrimination occurs when persons are treated differently than others because of their skin pigmentation.
What are the 9 grounds of discrimination?
The inclusive school prevents and combats discrimination. It is one that respects, values and accommodates diversity across all nine grounds in the equality legislation – gender, marital status, family status, sexual orientation, religion, age, disability, race and membership of the Traveller community.
Which type of discrimination is based on the law quizlet?
(1) De Jure - discrimination in society against certain groups of people based on the law.
What law protects against employment discrimination?
Title VII prohibits not only intentional discrimination, but also practices that have the effect of discriminating against individuals because of their race, color, national origin, religion, or sex.
What is employment discrimination quizlet?
Occurs when an employer discriminates against a specific individual because of his or her race, color, national origin, sex, or religion. disparate impact discrimination.
What are protected characteristics of equality?
However, the headings of age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, marriage and civil partnership, and pregnancy and maternity are now to be known as ‘protected characteristics’.
What are the changes to the Equality Act?
Although your responsibilities under the Act are largely the same as they always have been, there are some changes that will affect businesses, including the introduction of ‘protected characteristics’ and multiple forms of discrimination. The Equality Act covers exactly the same groups of individuals that were protected by the previous legislation.
What is the equality act?
The Equality Act 2010: protected characteristics and types of discrimination. The Equality Act, which came into force on 1 October 2010, replaced previous anti-discrimination legislation such as the Race Relations Act of 1976 and the Disability Discrimination Act of 1995. Although your responsibilities under the Act are largely ...
Is it discriminatory to treat people who propose to start to or have completed a process to change their genderless
It is discriminatory to treat people who propose to start to or have completed a process to change their genderless favourably, for example, because they are absent from work for this reason.
Does the Act protect employees of all ages?
The Act protects employees of all ages but remains the only protected characteristic that allows employers to justify direct discrimination, i. e. if an employer can demonstrate that to apply different treatment because of someone’s age constitutes a proportionate means of meeting a legitimate aim, then no discrimination will have taken place.
What is unlawful discrimination?
The word ‘discrimination’ is often used on a day to day basis to describe being treated unfairly for a particular reason; but unlawful discrimination happens when less favourable or unfair treatment relates to specific characteristics, known legally as ‘protected characteristics’. The UK have nine protected characteristics, ...
When can discrimination be lawful?
When can discrimination be lawful? In limited circumstances, ordinary direct discrimination and indirect discrimination may be lawful if the employer can objectively justify it (the law calls this ‘a proportionate means of achieving a legitimate aim’).
What is the definition of harassment?
3) Harassment. Harassment is ‘unwanted conduct’ related to a protected characteristic. It must have the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.
How to support a complaint of discrimination?
Support a complaint of discrimination. Give evidence relating to a complaint about discrimination. Raise a grievance concerning equality or discrimination. Do anything else for the purposes of (or in connection with) the Equality Act, such as bringing an employment tribunal claim of discrimination.
How many protected characteristics are there in the UK?
The UK have nine protected characteristics, which are set out in the Equality Act 2010. There is no minimum length of service required for workers to be able to bring a claim for unlawful discrimination.
Is harassment more important than harassment?
With harassment, how the victim sees the conduct is more important than how the harasser sees it. Someone who witnesses this type of conduct can claim harassment if it has had a negative impact on their dignity at work, even if they do not share the characteristic as the colleague who was harassed.
Is direct discrimination intentional?
This is direct discrimination by perception. Although there is normally a deliberate act or exclusion, direct discrimination does not have to be intentional. This means that even if discrimination occurred unintentionally, a claim can still succeed.
What is discrimination, harassment, and retaliation?
What are Discrimination, Harassment, Harassing Conduct, and Retaliation? The Department is dedicated to promoting a workplace that provides equal opportunities for all and is free of discrimination, harassment, and retaliation. To help employees avoid actions and/or statements that can be considered inappropriate, ...
What is the definition of discrimination?
Discrimination. The differential treatment of an individual or group of people based on their race, color, national origin, religion, sex (including pregnancy and gender identity), age , marital and parental status, disability, sexual orientation , or genetic information.
What is protected activity?
Protected activity includes reporting harassing conduct, discrimination or retaliation; filing a claim of harassment; providing evidence in any investigation; or intervening to protect others who may have suffered harassing conduct, discrimination or retaliation.
What is retaliatory action?
Retaliatory actions are broadly defined to harassing behavior, significant changes to job duties or working conditions, and even threats to take personnel actions.
What is a harsing conduct?
Harassing Conduct. Unwelcome conduct, verbal or physical, including intimidation, ridicule, insult, comments, or physical conduct, that is based on an individual’s protected status or protected activities under Personnel Bulletin 18-01, when the behavior can reasonably be considered to adversely affect the work environment, ...
Is harassment a condition of continued employment?
Harassment becomes unlawful where enduring the offensive conduct becomes a condition of continued employment or the conduct is sufficiently severe or pervasive to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
Is Differential Treatment Illegal?
It might seem like treating employees differently would always be illegal, but this is not the case. While it might not seem fair and can be hurtful, there are many times when treating employees differently is not illegal. Employers may have many reasons as to why they give certain employees one type of treatment and a different type to others.
When is Differential Treatment Illegal?
There are many examples of situations where differential treatment is legal, but there are still instances where this behavior can be illegal. If the differential treatment is caused by discrimination, it’s illegal. You might notice that only employees with certain characteristics are treated unfairly and that there is a pattern of this behavior.
NYC Employment Discrimination Lawyers Who Can Help
You deserve to be treated fairly in your workplace. While this doesn’t always happen, and there are many times when you can’t take legal action to get help, if you’re experiencing discrimination or retaliation, there are options.
What is treatment discrimination?
-when people are employed but are treated differently once employed, receiving fewer job-related rewards, resources, or opportunities than they should receive based on job-related criteria. Underemployed. workers employed at less than their full employment potential, including those working , part-time, temporary, ...
What is discrimination and prejudice?
Regarding discrimination and/or prejudice: -Discrimination is differential treatment that serves to limit the social, political, or economic opportunities of members of particular groups. -Prejudice is described as irrationally based, negative attitudes about certain groups and their members.
What are the characteristics of minority groups?
According to the text, characteristics of minority or non-dominant groups often include. -identifiability, differential power, discrimination, and group awareness. -can be "positive" or "negative". -can prevent individuals from being hired.
What is diversity in the context of a relationship?
Diversity. - Real or perceived differences among people in race, ethnicities, sex, age, physical and mental ability, sexual orientation, work and family status, and other identity-based attributes that affect their interactions and relationships are broadly referred to as... Diversity Climate.
What is underemployed in employment?
Underemployed. workers employed at less than their full employment potential, including those working , part-time, temporary, or intermittent jobs but desiring regular, full-time work; those working for lower wages than their skills would imply or in position requiring considerably lower skills than they possess;
What are the characteristics of a statute that protects against unlawful discrimination?
Characteristics protected by statute from unlawful discrimination are gender, origin, race, color, marital status, family situation, age, pregnancy, religion and disability. Case law has also protected individuals of various sexual orientations and gender identities as well as individuals with severe illnesses from discriminatory termination.
What is the law that prohibits discrimination?
The Labor Law prohibits discrimination between workers and in the payment of wages on the basis of sex, ethnic origin, language, religion or belief. Further, dismissals on the basis of sex, color, religion, belief, social status, family responsibilities, a female worker's pregnancy, childbirth or nursing an infant shall be deemed automatically unfair.
What happens if an agency worker misclassifies?
In the event of misclassification, the relationship may be converted into an employment relationship on a permanent basis, and the employer may be liable to pay a fine for non-compliance. Agency worker. Agency workers may only be engaged to fulfill a temporary need for work.
Is a reference check permissible?
Reference and education checks are permissible. Last modified 27 May 2021. Immigration. Criminal and medical checks must be issued by competent authorities, a criminal record must be issued by the home country and a medical certificate must be issued by a doctor in the employee’s home country.
Can part time employees be discriminated against?
Part-time, fixed-term and open-term employees may not be discriminated against due to their status. Independent contractor. Independent contractors may be engaged directly by the company or via a personal services company. Engagement may be subject to misclassification exposure.
What is substantive discrimination?
The concept of substantive discrimination was developed by human rights tribunals and the courts to describe a negative treatment that impacts on individuals who are already disadvantaged. The Code does not aim to eliminate all differences in treatment.
Why do employees have a right to freedom from harassment?
Employees have a right to freedom from harassment in the workplace because of sex, sexual orientation, gender identity or gender expression (see section 7 (2) of the Code). In some cases, workplace harassment can be so severe that a poisoned work environment is created.
What is the role of HRTO in a case?
In deciding a case, the HRTO relies on the evidence presented by both sides at the hearing. The HRTO weighs the evidence in making its findings of fact, considering its credibility, reliability and whether it is useful and relevant to the issues in the dispute. Fact finding is a very important part of the HRTO’s job.
What is harassment in the US?
Under the Code, harassment is defined as engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome (see section 10 of the Code). Vexatious comments or conduct may include comments or conduct that are upsetting, disturbing or frustrating, among other things.
What is the focus of HRTO?
The focus of the HRTO’s enquiry is on whether the respondent's actions had a negative effect on you and whether a prohibited ground of discrimination was a factor in that treatment. However, there is one type of Code breach that does involve proving the intention of a respondent.
What to do if you believe your rights have been violated?
If you believe your rights under the Code have been violated, it will help to understand how discrimination can be proved before you consider starting a legal proceeding to enforce your rights. In Ontario, if you think you have been subjected to discrimination, you can file an application at the HRTO.
What is an example of harassment at work?
In the courts, an example is the tort of intentional infliction of emotional distress.
Scenarios of Differential Treatment That Might Be Unlawful
Types of Differential Treatment That Are Not Illegal
- There are some cases in which differential treatment at your work is lawful. For example, if your employer treats you poorly because of your job performance, that is not unlawful. Employers are allowed to treat workers differently based on their individual job performance and can discipline and reward them differently based on that. It is also not unlawful for an employer to treat an em…
What Can You Do If You Have Received Discriminatory Treatment?
- When employers treat workers differently because of their protected characteristics, the actions of the employer are illegal. Employees who have been the victims of workplace discrimination can file discrimination charges with the Equal Employment Opportunity Commission or the state’s corresponding agency. Once a charge has been filed, the EEOC will investigate it. If the employe…