Equal Treatment. Equal treatment refers to the legal protection all employees have to the same rights as any other employee. Most commonly, this legal doctrine is used in discharge cases to ensure that an employer is treating all employees fairly. Their practices and policies must be applied equally, consistently, and fairly among everyone regardless of their race, gender, age, or other physical or emotional characteristics.
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What is equal treatment under the law?
Equal treatment refers to the legal protection all employees have to the same rights as any other employee. Most commonly, this legal doctrine is used in discharge cases to ensure that an employer is treating all employees fairly. Their practices and policies must be applied equally, consistently,...
What happens if an employer violates equal treatment?
As a right all citizens are entitled to, employers that violate equal treatment can receive penalties. The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it.
What is the difference between just and equitable treatment?
Aristotle clearly established that just and equitable treatment is not necessarily equal treatment, as differing circumstances call for differing treatments. Accordingly justice and equity are considerably more difficult to agree upon and to achieve, in part because a common understanding of merit – what a person deserves – has been elusive.
What is the equal treatment of part-time workers?
According to the Framework Agreement on part-time work implemented by Council Directive 97/81/EC, the equal treatment of part-time workers refers to the prohibition of discrimination against those
What is the equal treatment?
Definition. The principle of equal treatment establishes that all people – and in the context of the workplace, all workers – have the right to receive the same treatment and not to be discriminated against on the basis of criteria such as age, disability, nationality, race and religion.
What is equal treatment under the law?
It mandates that individuals in similar situations be treated equally by the law. A primary motivation for this clause was to validate the equality provisions contained in the Civil Rights Act of 1866, which guaranteed that all citizens would have the guaranteed right to equal protection by law.
What does equal treatment before the law mean?
Equality before the law, also known as equality under the law, equality in the eyes of the law, legal equality, or legal egalitarianism, is the principle that all people must be equally protected by the law.
What does the Constitution say about equal treatment?
(1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
What is equal protection quizlet?
Define Equal Protection of the Laws. It prohibits laws that unreasonably and unfairly favor some groups over others or arbitrarily discriminate against persons.
What is equal protection of law in India?
The phrases 'equality before law' and 'equal protection of law' can be found in Article 14 of the Indian Constitution, which ensures every citizen that they shall not be discriminated against in any application or enforcement of law on any unreasonable ground.
What is the meaning of in equality?
Equality means "the state of being equal." It's one of the ideals a democratic society, and so the fight to attain different kinds of equality, like racial equality, gender equality, or equality of opportunity between rich and poor, is often associated with progress toward that ideal of everyone being truly equal.
What is legal equality in economics?
Legal Equality- is a situation in which everyone has the same economic rights under the law. Free Contract- is a situation in which people decide which legal agreements to enter into. Profit Motive- is the force that encourages people and organizations to improve their material well being from economic activities.
What is the theory of equality?
Inspired by the Aristotelian view that justice requires that equals should be. treated equally and unequals unequally, and that therefore men can be. treated equally only if they can be shown to be already equal in some.
What does the 14th Amendment deal with?
No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
What is called federalism?
Federalism is a system of government in which the same territory is controlled by two levels of government. Generally, an overarching national government is responsible for broader governance of larger territorial areas, while the smaller subdivisions, states, and cities govern the issues of local concern.
What is an example of equal protection?
For example, a state may not prohibit inter-racial marriages, or deny child custody to a couple because they are of different races. Also, as mentioned above, any laws requiring segregation of the races will be held unconstitutional.
What is equal treatment?
Equal treatment plays a key role in the European Pillar of Social Rights, formally proclaimed by the EU institutions on 17 November 2017. In fact, it is at the core of the Pillar’s first category: equal opportunities and access to the labour market. This category guarantees gender equality and equal opportunities irrespective of ethnic origin, race, religion, gender, age and sexual orientation. Moreover, the second category, fair working conditions, establishes that workers have the right to fair and equal treatment regardless of the type and duration of the employment relationship.
What is the principle of equal treatment of women and men?
The directive defines the principle of equal treatment of women and men as regards access to employment, vocational training and promotion, and working conditions as meaning ‘that there shall be no discrimination whatsoever on grounds of sex either directly or indirectly by reference in particular to marital or family status’.
What is the Directive on discrimination?
As well as prohibiting direct discrimination – that is, less favourable treatment – the directive proscribes indirect discrimination , whereby an apparently neutral provision or practice puts a person with a particular religion or belief, disability, age or sexual orientation at a disadvantage. It also prohibits harassment in the workplace, defined as unwanted conduct related to any of these grounds which has the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment. Furthermore, the directive encourages Member States to take positive action measures: specific measures to prevent or compensate for disadvantages linked to any of the grounds mentioned above. Member States are also required to ensure that procedures for the enforcement of these obligations are available to anyone who considers themselves wronged by failure to apply the principle of equal treatment. Sanctions for infringements, including compensation, are to be ‘effective, proportionate and dissuasive’.
What is equal treatment for part time workers?
According to the Framework Agreement on part-time work implemented by Council Directive 97/81/EC, the equal treatment of part-time workers refers to the prohibition of discrimination against those
What is the purpose of the Employment Equality Directive?
The Employment Equality Directive (Council Directive 2000/78/EC) establishes a general framework to ensure equal treatment for all in relation to employment and occupation regardless of an individual’s religion or belief, disability, age or sexual orientation. The directive covers the conditions of access to employment or self-employed activities, including selection criteria, recruitment conditions and promotion, vocational training, working conditions including dismissals and pay, and membership of and involvement in organisations of workers or professional organisations.
How often is the European Industrial Relations Dictionary updated?
Please note: the European industrial relations dictionary is updated annually. If errors are brought to our attention, we will try to correct them.
What is the second category of social rights?
Moreover, the second category, fair working conditions, establishes that workers have the right to fair and equal treatment regardless of the type and duration of the employment relationship . European Commission: European Pillar of Social Rights. A range of specialised bodies have been established at both EU and Member State levels ...
What does "protection must extend to all people" mean?
Protection must extend to all people. This means fair and equal treatment of all. Observe a position of neutrality—act with firmness—this is not belligerence or unreasonable force. After an order is given, it must be enforced for the preservation of the public peace and the carrying out of the traditional mission of protecting life and property of citizens to assure the basic rights of all people.
What is the nature of scientific method?
The nature of the scientific method is the permanent questioning of existing proofs and practices. For example, in medicine, it results in a continuing revision of therapeutic practices and rehabilitative techniques. Naturally, a continuing tension and conflict develops between the ever-changing medical-therapeutic approach and the desire of the CJS to retain humanistic principles of equity, rights, and equal treatment before the law. This situation threatens its coherence and creates an increasing vulnerability for the CJS, especially to its claims of legitimacy.
What does "treatment" mean?
Your treatment of someone is the way you behave towards them or deal with them.
What happens when different groups of people have equal rights?
If different groups of people have equal rights or are given equal treatment, they have the same rights or are treated the same as each other, however different they are.
Examples of The principle of equal treatment in a sentence
The principle of equal treatment is a general principle of Union law.According to general principles of Union law and settled case-law, that principle requires that comparable situations must should not be treated differently and that different situations must should not be treated in the same way unless such treatment is objectively justified.
Related to The principle of equal treatment
National Treatment NT shall not apply to any measure affecting the type of activities which may be conducted on land or the usage of land, including but not limited to, land zoning, land use and urban planning policies. Urban Redevelopment Authority Act, Chapter 340, 1985 Revised Edition
Equal treatment in Law Enforcement
Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of equal treatment.
Resources
Online translation of the English legal term equal treatment into Spanish: igualdad de trato (English to Spanish translation) . More about legal dictionary from english to spanish online.
English Legal System: Equal Treatment
In the context of the English law, A Dictionary of Law provides the following legal concept of Equal Treatment : The requirement, enshrined in the Treaty of Rome, that nationals of one EU state moving to work in another EU state must be treated in the same way as those workers of the state to which they have moved.
Overview and more information about Equal treatment
For a more comprehensive understanding of Equal treatment, see in the general part of the online platform.
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Summary
Summary Equality is a concept open to many interpretations in the legal domain, with equality as equal treatment dominating the scene in the bureaucratic nation-state.
Introduction
The concept of equality can be interpreted as a reformulation of the principle of non-discrimination in employment matters (Berg, 1964 ).
A Typology of Equality Legislation
Inherited from the Enlightenment, equality is a general and overarching constitutional principle found in most legal systems, while earlier sources can be traced to the scriptures. France and the United States are the first countries that enshrined equality in their foundational legal bases. As mentioned in the Preamble to the U.S.
Moving Along the Typology
In many countries, for a given category (i.e., gender, Blacks, ethnic groups, immigrants of certain national or ethnic origins, or their descendants), states often had to repeal discriminatory legislation before they introduced anti-discrimination legislation (Klarsfeld et al., 2012 ). For instance, after World War II successive U.S.
Coverage of Laws in Terms of Criteria and Sectors
In most countries equal treatment laws, when they exist, apply across all sectors (i.e., public and private). They also apply to a generally large and growing number of criteria.
Enforcement and Sanctions
Regardless of whether a law is based on equal treatment or a mandate to report, act, progress, or achieve an outcome, it will meet with little success if there are no enforcement mechanisms in place (Lu, 2019 ).
Practical Implications for Organizations
As the workplace becomes more global, an increasing number of employers are employed by multinational corporations. With organizations spanning a variety of countries, they face different work cultures and national discrimination laws. Thus, the companies must deal with significant complexity which increases risks of non-compliance.
Can you make a distinction between people?
It is just not allowed in situations where that distinction should actually not play a role .
Is it discrimination to reject someone?
But rejecting someone because of his or her background, skin colour, or sexual orientation is discrimination. Because it means making a distinction based on a personal characteristic that is irrelevant to the job of dentist’s assistant. This form of unequal treatment is prohibited - or should be.
Is it normal to treat everyone equally?
In daily life we distinguish between people all the time, based on age, gender, background, you name it. We do not always treat everyone equally. Because everyone is not the same. So, it is normal to distinguish between people and to treat them unequally. In most cases, no one will care. But in some situations, it is not okay and even forbidden.
