DISCRIMINATION & AFFIRMATIVE ACTION

It's against the law for an employer to discriminate against you because of your race,
religion, country of origin, nationality, ethnic group, gender, sexuality or disability.

What is Discrimination?

Discrimination toward or against a person or group is the treatment or consideration

based on class or category rather than individual merit. It can be behavior promoting a
certain group (e.g. affirmative action), or it can be negative behavior directed against a
certain group (e.g. redlining).

Quite simply, discrimination can be taken to mean acting, either consciously or

unconsciously, on the basis on knowledge (be it factual or chimerical) in a way that either
adversely or positively affects the individual acted upon. Thus, several different types of
discrimination can be differentiated.
1. Conscious discrimination indicates that the discriminatory actor1 is cognizant of his
discrimination. That is, the actor is aware of all of the beliefs he holds about that
actee and the actor understands that he uses such beliefs (real or imagined) to make a
decision regarding the actee. For example, a woman who applies for a job involving
heavy lifting is denied the position on the basis of a proved debility.

2. Unconscious discrimination can be taken as the aforementioned actions executed

unconsciously; i.e., though the actor may be discriminating he is not aware of such
discrimination.

For example, the woman who is interviewed for the construction job is turned down
based on beliefs held by the employer concerning women’s ability to lift heavy loads. But
he thinks that his decision is made on the belief that she is not qualified (whether she is or
isn’t doesn’t matter in this case), but really this belief is used to justify his unconscious
belief that women cannot work on construction. The woman is passed over on the
construction job not because the employer knows she is unable to do the job, but because
he unconsciously groups the woman into a category he finds applicable then justifies
such beliefs with rationalization. That is, without thinking, he has assumed characteristics
about her that may or may not be true but result in discrimination. The distinction
between conscious and unconscious is merely the fact that the actor does not
knowingly act on his real beliefs.

It is also necessary to distinguish between positive and negative discrimination:

3. Positive discrimination is to be understood as discrimination that benefits the actee.

4. Negative discrimination can be taken to be any discrimination that harms the actee.

For example, a CEO who hires a close friend on the basis of the qualities he believes he
has as his friend would be positive discrimination. An example of negative discrimination
would be a man being denied a job on the basis of race. It is important to recognize that
in any case of discrimination both positive and negative discrimination occur. In the case
of the CEO, while his friend was the recipient of the positive
• Note also, that an actor is multiform; it can be an institution, a person, a
committee, or other entity.
• Actee is tantamount to the individual being acted upon or the recipient of the
discrimination those who were denied the job on the basis on not being a friend of
the CEO suffered from negative discrimination.

Direct vs. subtle

Discrimination involves treating an individual differently because of their possession of

an attribute unrelated to the situation, in contrast to the treatment received by another
individual in the same circumstances.

Subtle discrimination involves setting a condition or requirement which a smaller

proportion of those with the attribute are able to comply with, without reasonable
justification.

Sometimes discrimination at work is obvious. If you aren't treated as well as someone

else because of something like your skin color or gender, it's referred to as direct
discrimination. But discrimination can also be subtler; imagine a job description that
unfairly limits the chances of people from one sex or a particular ethnic group, for
example. This is called indirect discrimination.

Racial discrimination

The Race Relations Act makes it unlawful for an employer to discriminate against an
employee (either full or part-time) in Great Britain on the grounds of race (race means
colour, nationality, or ethnic or national origins).An employer must:

• Allow most jobs and training schemes to be occupied by any race; with the
exception of jobs such as modelling, acting, or in places where food or drink is
served and a certain race is needed for authenticity;
• Give all races the same terms in the work contract;
• Allow all races the same promotion, training, and other opportunities.

Age discrimination

The Employment Equality (Age) Regulations 2006 came into force on 1 October 2006.
Under the new rules it is against the law to discriminate against you for being too young
or too old when it comes to employment, adult education and training.The rules mean
that:

• Your employer can't treat you unfairly at work because of your age;
• Employers can't refuse to employ you because of your age;
 • There's no upper or lower age limit for getting redundancy pay;
• Your employer can't dismiss you because of your age;
• If you suffer age discrimination, you can make a claim to an employment tribunal;
• Your age can't be a barrier to getting certain benefits.

In the United States, the Age Discrimination in Employment Act prohibits employment
discrimination nationwide based on age with respect to employees 40 years of age or
older. The Age Discrimination in Employment Act also addresses the difficulty older
workers face in obtaining new employment after being displaced from their jobs,
arbitrary age limits.

Gender and Sexual Discrimination

Gender discrimination and sexism refers to beliefs and attitudes in relation to the gender
of a person, such beliefs and attitudes are of a social nature and do not, normally, carry
any legal consequences. Sex discrimination, on the other hand, may have legal
consequences.

Though what constitutes sex discrimination varies between countries, the essence is that
it is an adverse action taken by one person against another person that would not have
occurred had the person been of another sex. Discrimination of that nature in certain
enumerated circumstances is illegal in many countries.

Many people, at some stage in their working lives, receive unwelcome sexual attention
from colleagues. Sexual harassment covers a whole range of issues, from rude remarks to
leering and unwanted physical contact, and in law is seen as direct discrimination under
the Sex Discrimination Act 1975. Although it usually applies to women, men can be
victims too.

In an educational setting there could be claims that a student was excluded from an
educational institution, program, opportunity, loan, student group, or scholarship due to
his or her gender. In the housing setting there could be claims that a person was refused
negotiations on seeking a house, contracting/leasing a house or getting a loan based on
his or her gender. Another setting where there have been claims of gender discrimination
is banking; for example if one is refused credit or is offered unequal loan terms based on
one’s gender. Another setting where there is usually gender discrimination is when one is
refused to extend his or her credit, refused approval of credit/loan process, and if there is
a burden of unequal loan terms based on one’s gender.

Socially, sexual differences have been used to justify different roles for men and women,
in some cases giving rise to claims of primary and secondary roles. While there are
alleged non-physical differences between men and women, major reviews of the
academic literature on gender difference find only a tiny minority of characteristics where
there are consistent psychological differences between men and women, and these relate
directly to experiences grounded in biological difference. Unfair discrimination usually
follows the gender stereotyping held by a society.
The United Nations had concluded that women often experience a "glass ceiling" and that
there are no societies in which women enjoy the same opportunities as men. The term
"glass ceiling" is used to describe a perceived barrier to advancement in employment
based on discrimination, especially sex discrimination.

Transgender individuals, both male to female and female to male, often experience
problems which often lead to dismissals, underachievement, difficulty in finding a job,
social isolation, and, occasionally, violent attacks against them.

Caste Discrimination

According to UNICEF and Human Rights Watch, caste discrimination affects an

estimated 250 million people worldwide.

Language Discrimination

Diversity of language is protected and respected by most nations who value cultural
diversity. However, people are sometimes subjected to different treatment because their
preferred language is associated with a particular group, class or category. Commonly,
the preferred language is just another attribute of separate ethnic groups. Discrimination
exists if there is prejudicial treatment against a person or a group of people who speak a
particular language or dialect. Language discrimination is suggested to be labeled
Linguacism or logocism.

Employment discrimination:

Employment discrimination refers to discriminatory employment practices such as bias

in hiring, promotion, job assignment, termination, and compensation, and various types
of harassment.

In many countries, laws prohibit employers from discriminating on the basis of race,
color, sex, religion, national origin, physical or mental disability, or age. There is also a
growing body of law preventing or occasionally justifying employment discrimination
based on sexual orientation or gender identity. Some jurisdictions within countries
implement their own non-discrimination laws.

Equal rights

Most jobs, training schemes and apprenticeships must be open equally to both sexes and
to people of all ethnic backgrounds. The laws apply to full and part-time work, although a
few jobs are excluded from the sex discrimination laws. These include acting, modelling
and jobs involving a physical or close contact with the opposite sex. It is also legal for
British firms to discriminate for jobs overseas where local customs frown on certain jobs
being done by the opposite sex.
Disability discrimination

The Disability Discrimination Act 1995 is designed to protect certain groups of disabled
people from unfair discrimination and it applies to firms of 20 or more employees. It's
against the law to treat a disabled person less favorably than someone without the
disability, unless it can be justified for a reason related to the disability. The law allows
an employer to discriminate only if the disabled person is unsuitable - or less suitable -
than the person taken on or if the person's disabilities would make it very difficult for the
job to be done. The law, which applies to trainees as well as employees, also states that a
firm should make reasonable adjustments to working conditions to allow a disabled
person to do their job. People with disabilities face discrimination in all levels of society.
The attitude that disabled individuals are inferior to non-disabled individuals is called
"ableism". Other examples include Chronic pain is a debilitating condition which is often
neglected in modern society and various diseases such as HIV AIDs.

Disabled people may also face discrimination by employers. They may find problems
with securing employment as their handicap can be seen as a risk to the company, and
they may find they are overlooked for promotion opportunities. Similarly, if an employee
becomes disabled while employed they may also find themselves being managed out the
company by HR departments.Unsympathetic employers can make life very difficult for
such employees and can often make their health problems worse. Disability
discrimination laws mean that in theory the employee has a method of redress in such
instances.

Almost every person with a syndrome is discriminated against. They may not be able to
join organizations, and they may even be neglected by schools and other public utilities.

Gay discrimination

Lesbian and gay workers are protected against discrimination in the workplace on the
grounds of sexual orientation, thanks to the Employment Equality (Sexual Orientation)
Regulations 2003. This legislation bans direct and indirect discrimination, harassment
and victimization driven by a person's sexuality.

Discrimination that draws on an assumption about a person's sexuality (regardless of

whether the assumption is correct or not) is also ruled out. There's also protection for
those who are suffering from discrimination because they associate with people of certain
sexuality.

Discrimination against religion or belief

The Employment Equality (Religion or Belief) Regulations were passed in 2003 to stop
discrimination on the grounds of someone's religion or beliefs. The regulations are
intended to protect students in schools in colleges, as well as those in the workplace. As
well as direct and indirect discrimination, the regulations outlaw harassment and
victimization.
Pregnancy Discrimination

Pregnancy discrimination occurs when expectant women are fired, not hired, or
otherwise discriminated against due to their pregnancy or intention to become pregnant.
Common forms of pregnancy discrimination include not being hired due to visible
pregnancy or likelihood of becoming pregnant, being fired after informing an employer
of one’s pregnancy, being fired after maternity leave, and receiving a pay dock due to
pregnancy. In the United States, since 1978, employers are legally bound to provide what
insurance, leave pay, and additional support that would be bestowed upon any employee
with medical leave or disability.

WHAT IS AFFIRMATIVE ACTION?

The term affirmative action is the reverse of discrimination and refers to policies that
take race, ethnicity, or gender into consideration in an attempt to promote equal
opportunity. The focus of such policies ranges from employment and education to public
contracting and health programs.

Types

Affirmative action is generally established for:

• sex (including pregnancy);

• race, color, ethnic or ethno-religious background, descent or nationality;
• marital or domestic status;
• disability (including past, present or future physical, intellectual or psychiatric
disability, learning disorders, or any organism capable of causing disease, for
example, HIV);
• homosexuality (male or female, actual or presumed);
• age (including not forcing them to retire at the old retirement age);
• transgender (transsexual) status;
• Careers’ responsibilities.

Affirmative action

People generally use the term affirmative action in one of three ways:

• to cover everything to do with the development of equal opportunity plans

• to describe specific affirmative action strategies — that is, strategies that provide
special help for groups who have been disadvantaged in the past. For example, the
employer may run special training or recruitment programs for groups such as
Aboriginal and Torres Strait Islander people or women.

Affirmative action strategies like this help give previously disadvantaged groups
the skills and confidence to allow them to compete on equal terms with everyone
else. This helps ensure that equal opportunity becomes a reality for everyone. It
 also helps ensure that employers get the best out of all groups in their workplace.

Note that in order to conduct these types of affirmative action strategies in NSW,
employers generally first need to get their program certified — for more
information about when this is necessary and when it isn’t, contact the Anti-
Discrimination Board.
• to cover programs and strategies aimed at women only. The Equal Opportunity
for Women in the Workplace Act 1999 (Cth) says that all employers with 100 or
more employees, and all higher education institutions, must develop and
implement an "affirmative action program" to promote equal opportunity for
women and report on this program annually to the Equal Opportunity for Women
in the Workplace Agency, a federal government body.
In essence, an affirmative action program is a structured approach to ensuring that
women are able to compete equally for employment, training and promotional
opportunities, and that any disadvantages are addressed.
An affirmative action program involves keeping statistics on the occupations and
employment status of women in the organization, and using these to redress the
imbalances in the profile of the workforce.

It also involves implementing specific affirmative action strategies including

training or recruitment programs for women, introducing part-time work for
women returning from maternity leave and reviewing promotion procedures to
ensure all promotions are made solely on the basis of merit.

Support

The impetus towards affirmative action is twofold: to maximize diversity in all levels of
society, along with its presumed benefits, and to redress perceived disadvantages due to
overt, institutional, or involuntary discrimination. Supporters of Affirmative action cite
the perceived present and past institutionalized limitations on the participants of the
program.

Opponents

Opponents say affirmative action devalues the accomplishments of people who are
chosen because of the social group to which they belong rather than their qualifications.
Opponents also contend that affirmative action devalues the accomplishments of all those
who belong to groups it is intended to help, therefore making affirmative action
counterproductive.

Opponents further claim that affirmative action has undesirable side-effects in addition to
failing to achieve its goals. They argue that it hinders reconciliation, replaces old wrongs
with new wrongs, undermines the achievements of minorities, and encourages groups to
identify themselves as disadvantaged, even if they are not. It may increase racial tension
and benefit the more privileged people within minority groups at the expense of the least
fortunate within majority groups (such as lower-class whites).