How many types of discrimination are there
Vicarious liability may be avoided if the employer can show they took all reasonable steps to try to prevent discrimination from occurring in the first place.
This type of award is almost always made when a successful claim is brought regarding discrimination. There is a lower, middle and upper band which guide how much should be awarded depending on the level of seriousness. 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.
Indirect discrimination is usually less obvious than direct discrimination and is normally unintended. Generally speaking, it occurs when a rule or plan of some sort is put into place which applies to everyone; and is not in itself discriminatory but it could put those with a certain protected characteristic at a disadvantage. Bullying, nicknames, gossip, intrusive or inappropriate questions and comments can be harassment.
Excluding someone not inviting them to meetings or events may also qualify. 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.
These are:. If you are treated unfavourably because you possess one of these nine characteristics, you have been the victim of discrimination. If this happens to you at work, you could be entitled to take legal action. There are different ways in which discrimination at work can occur. Direct discrimination is when you are treated less favourably because of one of the nine protected characteristics above. For example, you are not promoted because of your age.
Discrimination by association is when you are treated less favourably because you associate with someone who possesses a protected characteristic. For instance, you are not offered a job because you have a homosexual family member. Perception discrimination is when you are treated less favourably because people think you have a protected characteristic.
So, it might be that you are not given a key account because your manager thinks you belong to a certain religion. It does not matter what religion you practice, if any. It still amounts to discrimination. Indirect discrimination is when a rule, policy or practice at work puts you at an unfair disadvantage, because of a protected characteristic.
This might happen if you move to an office which does not accommodate your disability. Aruna says:. Sheila says:. Dolores Rivera says:. Raquel Hermana says:. Brandon Townsend says:. Dorothy says:.
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Performance Performance. However, once a job offer has been extended and accepted, it is legal for an employer to make those requests if they are made to all new employees in the same type of job. Pay is defined as salary, overtime pay, bonuses, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits.
The law says : Discrimination against a person on the basis of gender identity —including transgender status—or sexual orientation is illegal. For example, if there is a clear pattern of promoting people of one specific gender identity despite there being qualified candidates of other identities, this may well be an instance of discrimination.
The law says : The Genetic Information Nondiscrimination Act of makes it illegal to discriminate against a job applicant or employee on the basis of their genetic information. At work : It is illegal to share the genetic information of job applicants or employees. However, there are two exceptions: if government officials are investigating genetic information discrimination claims, or if a court order requests those disclosures.
The law says : The law prohibits unfair treatment against a job applicant or employee because they are from a specific country, have an accent, are of a specific ethnicity, appear to be of a specific background, or are married or associated to a person from a specific national origin. The law says : According to an executive order signed in , it is prohibited to discriminate against a parent, irrespective of whether a person is a biological, adoptive, or foster parent.
At work: A loophole that applies in the office is if a person is discriminated against because of their status as a caregiver —this may actually fall under the purveyance of gender discrimination.
The law says : The Pregnancy Discrimination Act prohibits negative treatment of a job applicant or employee because of pregnancy, childbirth, or a medical condition related to either pregnancy or childbirth. At work : The Family and Medical Leave Act grants an employee 12 weeks of leave during pregnancy or after childbirth. The law says : Race discrimination is unfair treatment of a job applicant or employee because of their race or because of characteristics linked to their race e.
This differs from color discrimination , which is unfair treatment of a job applicant or employee because of the color of their complexion.
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