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describe how direct or indirect discrimaination may occur in thte work setting
Direct Discrimination occurs when a person treats another less favourably than they would a person from a different group. It is not necessary to prove that direct discrimination is intentional or motivated by prejudice. [ Ignorance of selection theory, or good selection practise is no defence. This is very similar to the US notion of adverse or disparate treatment. Indirect Discrimination occurs when selection tools or procedures have a different effect on people from a particular group which is not then borne out by performance at work. Again, it is not necessary to prove that
indirect discrimination in intentional. This is very similar to the US notion of adverse or disparate impact. To establish indirect discrimination four questions need to be asked: Has the selection procedure been applied to all candidates regardless of group? Does the procedure exclude disproportionately more people from a particular group than people who are not from that group? Is being excluded to the disadvantage of people from a particular group? Can the employer prove that the need for the rule which excludes them overrides the disparate effect? If we can answer ‘yes’ to the first three questions and ‘no’ to the last, then we are committing a discriminatory act. Whether we intended to or not is irrelevant. This places the onus on the selector to ensure the tools used are valid and reliable. ]
Expert answered|balongskypas|Points 70|
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Asked 1/14/2014 5:01:56 AM
Updated 1/15/2014 8:11:13 PM
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Added 1/15/2014 8:11:13 PM
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