anti-discrimination laws



Discrimination Meaning:
  • Bias or prejudice resulting in denial of opportunity, or unfair treatment in selection, promotion, or transfer of employee. Discrimination is practiced commonly on the grounds of person's age, disability, ethnicity, origin, political belief, race, religion, sex, etc. factors which are irrelevant to a person's competence or suitability.
  • Unequal treatment provided to one or more parties on the basis of a mutual accord or some other logical or illogical reason.

Definitions

Within sociology, 'discrimination' is the prejudicial treatment of an individual based on their membership in a certain group or category. Discrimination is the actual behavior towards members of another group. It involves excluding or restricting members of one group from opportunities that are available to other groups. Moral philosophers have defined it as disadvantageous treatment or consideration. This is a comparative definition. An individual need not be actually harmed in order to be discriminated against. He or she just needs to be treated worse than others for some arbitrary reason. If someone decides to donate to help orphan children, but decides to donate less, say, to black children out of a racist attitude, he or she will be acting in a discriminatory way even if he or she actually benefits the people he discriminates against by donating some money to them.

The United Nations stance on discrimination includes a statement that: "Discriminatory behaviors take many forms, but they all involve some form of exclusion or rejection."

Anti-discrimination law refers to the law on people's right to be treated equally. Some countries mandate that in employment, in consumer transactions and in political participation people may be dealt with on an equal basis regardless of sex, race, ethnicity, nationality, sexuality and sometimes religion and political views.

This is a list of anti-discrimination acts (often called discrimination acts), which are laws designed to prevent discrimination.


HRM linkage with Labour laws
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[USA]

Facts [+]

The Office of Federal Contract Compliance Programs (OFCCP) collected a record $45,156,462 from federal contractors and subcontractors in violation of employee discrimination laws in 2007. Employers who do business with the federal government are prohibited from discriminating on the basis of race, color, religion, sex, national origin, disability or covered veteran status.

The Age Discrimination in Employment Act (ADEA) prohibits employers with twenty or more employees from discriminating because of age against employees aged forty and older in the terms and conditions of employment. ADEA also created standards for protecting an older worker's work benefits and for waivers of legal rights by older employees in return for retirement incentives.

The Americans with Disabilities Act (ADA) of 1990 is a wide-ranging civil rights law in US that prohibits discrimination based on disability. The law prohibits discrimination against persons with disabilities. In the workplace, employers must provide reasonable accommodation for the physical or mental limitations of a qualified individual to enable him or her to perform the essential functions of a job.

The Uniformed Services Employment and Reemployment Rights Act (USERRA) was enacted in 1994. The law prohibits discrimination or denial of employment against persons because of their military service. USERRA also protects the right of veterans and reservists to reclaim their civilian employment after being absent due to military service or training.

The Immigration Reform and Control Act of 1986 (IRCA) bars employers from hiring individuals who are not legally entitled to work in the U.S. Employers must verify work eligibility by completing Form I-9 along with required supporting documents. IRCA also prohibits employers from discriminating in hiring, firing, recruiting, or referring on the basis of national origin or citizenship status


Many firms in the United States have faced lawsuits for showing discrimination against employees. In fact some companies have faced lawsuits mistakenly for identifying best performers and promoting them. There was a misunderstanding among employees and management that led to filing of lawsuits against Management of companies under the provisions of anti-discrimination laws in the United States.

Employment discrimination
refers to disabling certain people to apply and receive jobs based on their race, age, gender, religion, height, weight, nationality, disability, sexual orientation or gender identity. In relationship to sociology, employment discrimination usually relates to what events are happening in society at the time. For example, it would have seemed ludicrous to hire an African American male and absolutely unheard of to hire an African American woman over 50 years ago. However, in our society today, it is the absolute norm to hire any qualified person.

Many laws prohibit employment discrimination. If a person uses discriminatory hiring practices, they can be sued for hate crimes. However, some minority groups (notably LGBT people) remain unprotected by U.S. federal law from employment discrimination.

The American federal laws that protect against:
  • Race, color and national origin discrimination include the Civil Rights Act of 1964, Title VII of the Civil Rights Act of 1964 prohibits employment practices that discriminate on the basis of sex. The law covers employers with fifteen or more employees, and prohibits sex-based discrimination in hiring, advancement, or any other terms or conditions of employment. The law also includes discrimination based on maternity, pregnancy and sexual orientation.
  • Equal Pay Act of 1963.
  • age Discrimination include the Age Discrimination in Employment Act of 1967.
  • The Immigration Reform and Control Act of 1986 (IRCA)
  • Physical and mental disability discrimination include the Americans with Disabilities Act of 1990. The law prohibits discrimination against persons with disabilities.
  • Religious discrimination include the Civil Rights Act of 1964.
  • Military status discrimination include the Vietnam Era Veterans Readjustment Assistance Act of 1974.

Most other western nations have similar laws protecting these groups.

Facts [+]


BFOQ is a human resources acronym that stands for Bona Fide Occupational Qualification (US). A BFOQ is a job requirement that permits an employer to legally discriminate on the basis of sex, age, religion or national origin. BFOQ job requirements are very rare. Job examples include working in a women's locker room, modeling dresses, or playing the part of a woman in a play or movie.

The Office of Federal Contract Compliance Programs (OFCCP) collected a record $45,156,462 from federal contractors and subcontractors in violation of employee discrimination laws in 2007. Employers who do business with the federal government are prohibited from discriminating on the basis of race, color, religion, sex, national origin, disability or covered veteran status.


This is a list of anti-discrimination acts (often called discrimination acts), which are laws designed to prevent discrimination.

India

  • The Caste Disabilities Removal Act, 1850
  • Hindu Succession Act, 1956 - Abolished the "limited owner" status of women who owned property, amended in 2004 to give daughters equal inheritance rights with sons.
  • Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989
As there was Equal Opportunity Commission (EOC) in countries like USA, United Kingdom, Australia, Brazil, Canada, France, Hong Kong and South Africa for the purpose of providing equal opportunity in employment and education for deprived people, India union Ministry of minority resolve to constitute an Equal Opportunity Commission (EOC) during the 12th plan.

United States 

  • Lilly Ledbetter Fair Pay Act of 2009
  • Age Discrimination Act of 1975
  • Age Discrimination in Employment Act of 1967
  • Americans with Disabilities Act of 1990
  • California Fair Employment and Housing Act
  • Civil Rights Act of 1871
  • Civil Rights Act of 1964
  • Civil Rights Act of 1968
  • Civil Rights Act of 1991
  • Employment Non-Discrimination Act
  • Equal Pay Act of 1963
  • Executive Order 11478
  • Executive Order 13166 – “Improving Access to Services for Persons with Limited English Proficiency”
  • Fair Employment Act of 1941
  • Family and Medical Leave Act of 1993 - enables qualified employees to take prolonged unpaid leave for family and health-related reasons without fear of losing their jobs. For private employers with 15 or more employers
  • Fourteenth Amendment to the United States Constitution
  • Genetic Information Nondiscrimination Act
  • Immigration and Nationality Services Act of 1965
  • Lloyd – La Follette Act (1912)
  • No-FEAR Act
  • Pregnancy Discrimination Act of 1978
  • Rehabilitation Act of 1973


Australia

  • Anti-Discrimination Act 1977 (NSW)
  • Australian Human Rights Commission Act 1986
  • Disability Discrimination Act 1992
  • Racial and Religious Tolerance Act 2001 (Victoria)
  • Racial Discrimination Act 1975
  • Sex Discrimination Act 1984

Canada

  • Canadian Charter of Rights and Freedoms
  • Canadian Employment Equity Act
  • Canadian Human Rights Act
  • Ontarians with Disabilities Act
  • Quebec Charter of Human Rights and Freedoms
  • European Union
  • Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions
  • Directive 2000/43/EC on Anti-discrimination
  • Directive 2004/113/EC implementing the principle of equal treatment between men and women in the access to and supply of goods and services
  • Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation

France

  • Edict of Nantes 1598 

Germany

  • General Equal Treatment Act of 2006

Hong Kong

  • Disability Discrimination Ordinance
  • Family Status Discrimination Ordinance
  • Hong Kong Bill of Rights Ordinance
  • Race Discrimination Ordinance
  • Sex Discrimination Ordinance


International

  • Equality of Treatment (Accident Compensation) Convention, 1925
  • Convention against Discrimination in Education, 1960
  • Equality of Treatment (Social Security) Convention, 1962
  • Convention concerning Migrations in Abusive Conditions and the Promotion of Equality of Opportunity and Treatment of Migrant Workers, 1975
  • Convention on the Elimination of All Forms of Discrimination Against Women, 1979
  • Convention on the Elimination of All Forms of Racial Discrimination, 1965
  • Convention on the Rights of Persons with Disabilities
  • Discrimination (Employment and Occupation) Convention, 1958
  • Equal Remuneration Convention, 1951
  • Protocol No. 12 to the European Convention on Human Rights, 2000


South Africa

  • Chapter 2 of the Constitution of South Africa
  • Employment Equity Act, 1998 [
  • Promotion of Equality and Prevention of Unfair Discrimination Act, 2000

United Kingdom

  • Disability Discrimination Act 1995
  • Disability Discrimination Act 2005
  • Equal Pay Act 1970
  • Equality Act 2006
  • Equality Act 2010
  • Race Relations Act 1965
  • Race Relations Act 1968 and Race Relations Act 1976 amended by the Race Relations Amendment Act 2000
  • Representation of the People Act 1918
  • Representation of the People (Equal Franchise) Act 1928
  • Sex Discrimination Act 1975, amended by the Sex Discrimination (Election Candidates) Act 2002
  • See also the Employment Equality Regulations covering sexual orientation, religion or belief and age.

Facts [+]

90 percent British firms have no women bosses

LONDON: Around 90 percent of Britain's top companies have no women bosses, according to a parliament report.

A parliament written answer obtained by former Treasury spokesman Matthew Oakeshott said there was no woman executive director in 310 of the top 350 companies in the country, The Sun reported.

Only 43 women are working in other senior roles.

Oakeshott, a Liberal Democrat member of the House of Lords, said: "Britain's big businesses are an old boys' club."
16 Jan, 2012, The Economic Times