Discrimination and the Law Flashcards
what is discrimination (legal definition)?
DISTINCTION, whether INTENTIONAL or NOT, based on grounds relating to PERSONAL CHARACHTERISTICS of the individual or group, which has the effect of IMPOSING BURDENS, OBLIGATIONS, or DISADVANTAGES that are not imposed on others, or which WITHHOLDS or LIMITS ACCESS to opportunities, benefits, and advantages available to others
what was the issue with peremptory challenges (without justification)?
lawyers would DISCRIMINATE against race, gender, etc. argued it was FAIR BECAUSE BOTH SIDES DID IT
what section of the Charter is used to address issues of discrimination?
SECTION 15
how is discrimination in the law?
always NEGATIVE in a SOCIETAL CONTEXT. can EXIST in ALL FACETS OF SOCIETY and the LAW, most often examined/ addressed by law in business and employment law
what does abrogate mean?
to ABOLISH, ANNUL, or REPEAL a law or act through LEGISLATION (often as a whole or outright, COMPLETELY GONE) ex. criminalization of same sex marriage
what does derogate mean?
to DETRACT or TAKE AWAY from a LAW (often in part or to a degree) something about a law that is still RELEVANT/ NECESSARY, but we want to MODIFY. ex. a term we need to change
what does ameliorate mean?
to IMPROVE or make something that was bad BETTER. ex. a law to take its place, write a new one
why are there age requirements?
law identifies young people as NOT being completely EQUAL in the EYES OF THE LAW. there is AGE DISCRIMINATION but it is REASONABLE. also allows young people to have more rights when dealing with law/ police
what is race?
MAN MADE CONCEPT, not a real thing. refers to POPULATIONS, whose members share a greater degree of PHYSICAL and GENETIC SIMILARITY. people united by common history, culture, etc.
what is systemic/ institutional discrimination?
BEHAVIOURS, POLICIES, or PRACTICES that are part of the STRUCTURE of an ORGANIZATION, and which CREATES or PERPETUATES DISADVANTAGES for a particular person or group (ex. only hire female cashiers, male stock clerks). ESTABLISHED AS NORMAL
what does systemic and institutional discrimination result in?
SYSTEMATIC DENIAL of RESOURCES and OPPORTUNITIES and are maintained by the laws, organizational guidelines, or traditions of institutions. BECOME ‘NORMAL’ within society.
what is affirmative action (law)?
PUBLIC POLICIES and INITIATIVES designed to help ELIMINATE past and present DISCRIMINATION based on race, sex, etc. ex. programs to hire with diversity (in 1970s most managers and CEOS of companies were caucasian males, led to unequal distribution of wealth and opportunities)
what is employment equity?
anyone BENEFITING from AFFIRMATIVE ACTION must have RELEVANT and VALID job or educational QUALIFICATIONS
what is ‘reverse discrimination’?
IMPLIES that discrimination is ONE SIDED (everyone can discriminate). AFFIRMATIVE ACTION has been CALLED THIS, accused of ‘discriminating AGAINST NON-DIVERSE people’
what is Adverse Effect Discrimination?
RULE or PRACTICE that ‘UNINTENTIONALLY’ SINGLES OUT particular people resulting in UNEQUAL TREATMENT (ex. male employees must be clean shaven, height requirement for firemen-disadvantages women-adverse effect)
