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| Discrimination | Discrimination By Amra Hajdarpasic
What is Discrimination? Unfavourable or unfair treatment to a person because of their race, sex, colour, religion, national origin, age, physical appearance or mental state or sexual orientation (these are protected classes) is discrimination. If you are being discriminated against because of any these, then there are laws to protect you. Your Rights! There are laws that prohibit employers from discriminating against employees, these include in the hiring of, the promotion, training, compensation, discipline, retention and working conditions of the employees because of their protected class. How do you prove discrimination is happening? To prove discrimination you need to understand that there are two types of discrimination in the work place. 1. Disparate Treatment This is straight forward discrimination in the work place, for example treating a person differently in the work place, because of their race or gender or any other protected classes. 2. Disparate Impact This is when a company's policy excludes a person from a job or promotion. It is not due to individual discrimination but an unfortunate company policy. Proving Discrimination Meanings A protected class is based on the sex, gender, race etc, of a person. Therefore, everyone belongs to a protected class. An adverse employment action is, anything that an employer does which effects the employees job. eg: Your position, pay, title and hours. Also whether or not a person is hired is considered a term or conditon of employment. Step 1:- the employee shows that he/she is a menber of a protected class, if he/she is suffering they could claim " adverse employment action." Step 2:- The employer has to have a good reason for the adverse employment action. Step 3:- The employer can argue back and show that the reason for dismissal was not the reason. The employer can show proof that the dismissal was not what the employee had actually stated. Step 4:- Proving discrimination in the work place, the proof would have to be given in court, and they would have to decide whether the reason was illegal . |
