Final Ch. 18 Flashcards
Protected characteristics
designation of a person or group protected against unfavourable treatment
Direct discrimination
- A treats B less favourably than A treats or would treat others
discrimination by association
treating one person unfavourably because of their association with another
discrimination by perception
treating someone unfavourably because of an incorrect and maybe stereotypical belief about their attributes, abilities, beliefs, etc.
direct discrimination
openly treating an employee less favourably than others because of protected characteristic
Indirect discrimination
would put B at a disadvantage compared with others who do not share the protected characteristic
Occupational qualification
- discrimination may be legal if the defendant can show that the nature of the job makes it essential to restrict employment to people of a certain characteristic
vicarious liability
it is no defence that the employer or principal did not know about the behaviour although the employer will not be liable if they took all reasonable steps to prevent it
Disability defined as (2)
- physical or mental impairment, and
- the impairment has a substantial and long-term adverse effect on the persons ability to carry our normal day-to-day activites
disability duty to..
duty to make reasonable adjustments, failure amounts to discrimination
race includes
color
nationality
ethnic or national origins
defence in race
occupational qualification: employer has the right to make a specific racial characteristic a requirement of employment
defences in race (2)
- occupational qualification is a defence
2. the proportionate means defence
equality clause
implied term in an employment contract to ensure parties are treated equally favourably
equal work
a women is entitles to claim equal pay and other contract terms with a male comparator who is doing (either)
- like work
- work rated as equivalent
- work of equal value
