What do you consider to be the main deficiencies in our present laws on discrimination?
In this assignment I will be covering racial, sexual, and disability discrimination, and examining any deficiencies in which our present laws on the above have and what can be done to improve them! ... Thus, the Acts that I will be discussing in this assignment are aimed at dealing and preventing such discrimination.
Firstly, in order to answer this question effectively, it is appropriate to state exactly what discrimination is. Discrimination usually consists of either the people being treated differently based upon their sex, race, colour, nationality, ethnic or national origins or married status; or disabled people who receive less favourable treatment than their work colleagues who are not disabled#.
There are three types of discrimination, namely victimisation, direct and indirect discrimination.
Direct discrimination is the most obvious or blatant type of discrimination in that the employee/prospective employee is treated less favourably on the grounds of their race/sex/disability.
Indirect discrimination is a less obvious form of discrimination whereby the effect of certain requirements, conditions or practices imposed by an employer has an adverse impact disproportionately on one group or other#. ... brought proceedings under the Sex discrimination act 1975, the Race relations act 1976, or the equal pay act 1970; has given evidence in such proceedings; done anything under or by reference to any of the acts or has alleged that the discriminator has contravened one of the acts unless the allegations were false and made in bad faith#.
The sex discrimination act 1975 protects men and women against discrimination on the grounds of sex or marital status who are applicants for jobs or who are employees. ... In theory, this act will have helped to eliminate the discrimination of men/women on the grounds of their sex, it has some major deficiencies, and I will go on to look at these in detail later.
The Race Relations Act 1968 was the first piece of UK legislation to outlaw race discrimination in employment. This law was further strengthened by the Race Relations Act 1976# and the aim of this act, similar to the Sex Discrimination Act, is to protect employees or prospective employees against discrimination on the grounds of their race. ...
The Disability Discrimination Act came into force in December 1996 with the aim of making all employers, of 15 employers or more, legally liable for discrimination against disabled people. ... to identify any deficiencies in this legislation. I will begin by looking at the Sex Discrimination Act 1975.
The Sex Discrimination Act of 1975 (SDA) protects employees/prospective employees at all stages of the pre-employment/employment process, including job adverts, interviews and throughout the employment period and covers both men and women. The Equal Opportunities Commission (EOC) is the policing body on the law on sex discrimination.
With regards marital status, the SDA covers against discrimination only to those who are married (Section 1 (5), SDA). ... It was held that the applicant had no action for discrimination on the grounds of marital status, as she was single at the date of her dismissal#.
The EOC recommends that instead of having all the different laws and acts which aim to protect against sex discrimination and replace them with a single Sex Equality Act and this new statute should be based on the principle of equal treatment which guarantees freedom from discrimination on grounds of sex, pregnancy, marital status, family status and gender reassignment#.
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