Workplace Discrimination And The Equality Act of 2010

Workplace Discrimination 

We often become victims of workplace discrimination without any valid reason. You are paid for the job that you are doing. Nobody is obliging you, and hence there is no need to lick the toes of anybody or in other words become a bootlicker of anybody.

Most of the employees are employed at-will jobs wherein either of the two can exercise the freedom to quit the job or terminate the job. However, there are some restrictions of which most of you might not be aware.

Discrimination may occur in many different forms and various ways. You might have some experience of being discriminated against. But one cannot simply put allegations on somebody without any substantial proofs to justify the claim.

Anti-discrimination laws make it illegal for an employer to take adverse employment action against you if you are a member of a protected class, or category of persons.

Of course, the trade union or worker union plays a crucial role to reason & negotiate with the management from implementing any discriminatory measures Not all types of discrimination are protected under the federal anti-discrimination laws.

Also, while the law of the land lo protege contra la discriminación en el lugar de trabajo, it is often very difficult to prove that discrimination occurred or to prove it in the court of law before the jury.

Workplace discrimination is based on the fact that an employee at any company, institution, or organization is not treated favorably or fairly due to several factors, including race, mentality, gender, disability, pregnancy, or sexuality. It is a matter of direct discrimination when any one employee is treated less favorably than others. The ideal situation would be when every employee is treated fairly.

Types of Workplace Discrimination

1. Direct discrimination

It is a situation when some employees are paid less salary than the others for no good reason or frivolous reasons. These Workers are selected based on their redundancy.

2. Indirect discrimination

It is a situation when the rules and regulations of the organization, institution put some specific staffs in some disadvantageous situation. An example can be taken here as no holidays are given to the Christian staff members on Sundays who consider it as a holy day of worship.

Discrimination factors

  • Harassment

Workers are discriminated against based on race, religion, color, sex (including gender identity, pregnancy, and sexual orientation), disability, genetic information, or national religion.

  • Retaliation

The situation occurs when one complains about job discrimination or assisted with one of those discrimination proceedings.

  • Unfair treatment

It also occurs because of factors such as disability, religion, race, sex, or nationality.

  • Improper questions

These are being asked about medical information or genetic information.

  • Denial of any reasonable workplace to be changed

They are denied based on their disability or national beliefs.

  • Being given tasks that are impossible to do
  • When one is denied training opportunities
  • Isolation by the co-workers
  • Job refusal
  • When one is denied promotions and transfers
  • Having someone’s shift cuts down for no reason
  • When some are subjected to abuse and taunts

The Workplace Discrimination Law Books

The Equality Act of 2010 And Its Protected Characteristics

It is one of those acts under which several legislatures were made to strengthen some laws around discrimination. Its protected characteristics include-

  • Disability
  • Sex
  • Race
  • Sexual orientation
  • Age
  • Religion
  • Gender reassignment

A worker can very well without being selfish make a complaint against the ones who are discriminated against under the grounds mentioned above.

Steps an employee can take to ensure that they arent being discriminated against

Recruitment

The set of questions being asked to all the candidates should fall under the same set. The protected questions should also be restricted from being asked. Discrimination should be avoided even before hiring people…In fact, proactive comprehensive measures are taken to prevent discrimination.

Policy

A uniform policy system should also be carried out every time. All the indirect and direct discrimination characteristics along with its protected policies should be mentioned before. This enables the workers and staff members to be sure that they are being treated fairly.

Education

All the workers should be educated, which includes the details of the contract of their employment and the employee’s handbook if they are not aware of them.

This makes them know about their dos and don’ts. Discriminating training is also considered to be a part of the onboarding process.

Training

All the managers and staff workers should be trained to spot discrimination cases and know how they should be avoided.

Adverse action of Workplace discrimination

It can include any action that is considered unlawful for any discriminatory reason.

It includes the following-

  • Injuring about any employee in the employment.
  • Altering any employee’s position due to them being considered as a detriment.

Staff should be comfortable and confident with the validity and conduciveness of the policies based on workplace discrimination. Therefore, proper enforcement of laws is necessary.

The solution to Workplace discrimination

Review

A regular survey policy should know whether the staff members and workers are comfortable with the ongoing laws. This is done by taking information from the employees as their feedbacks

Respect

Encouraging staff members to respect each other also makes them work in a team and make a difference.

Thus, workplace discrimination should be taken into considerations all the time before hiring employees.

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