5.5 Disability Discrimination Act 2005 Flashcards
Discrimination can happen in three ways, list them.
- Direct discrimination
- Indirect discrimination
- Victimisation
How long does an employee have to make a claim of discrimination to an industrial tribunal
The claim must be made within 3 months of the alleged event, some people can be awarded compensation.
How does disability discrimination act affect an employer in the leisure industry?
A leisure employer must not treat a disabled applicant less favourably. If a disabled applicant is not able to do the job advertised then non selection would be acceptable. However, if with some reasonable adjustments it might be possible to accommodate the person (e.g. brail keyboard). The key challenge for employers is judging how far adjustments have to go.
What is direct discrimination?
This is treating someone less favourable because of certain attributes of who they are (age, disability, sexual orientation, gender reassignment, race, religion or gender).
What is indirect discrimination?
Indirect discrimination occurs when an organisation’s practices, policies or procedures have the effect of disadvantaging people.
What is victimisation?
This occurs when an employee is treated less favourably because they have made allegations of discrimination, or are making a claim against the employer on some other grounds.
Give an example of direct discrimination.
in the leisure industry not employing a women because they thought she was too weak for physical tasks in the gym.
- Deciding not to employ them
- Refusing them training
- Denying them a promotion.
Give an example of indirect discrimination.
Not having doors wide enough for wheelchairs to enter the premise.
Give an example of victimisation discrimination.
- bullying and intimidation by co-workers
- being denied a promotion or being moved to a position with lower responsibility
- dismissal from employment
- being refused further contract work.
The legal definition of victimisation is when someone ‘subjects or threatens to subject the other person to any detriment’.
What is the Disability Discrimination Act 2005?
It is a piece of legislation that stops discrimination against the disabled which has now been replace with the equality act 2010.
