英语论文网

defences – justification, genuine occupational qualifications; ● other unlawful acts such as the use of discriminatory job advertisements; ● positive discrimination; ● European sex discrimination law; ● discrimination on the grounds of sexual orientation and transsexualism; ● discrimination on the grounds of pregnancy; ● sexual and racial harassment; ● the Equality and Human Rights Commission; ● disability discrimination, stages at which discrimination may take place, the duty to make reasonable adjustments, justification; ● discrimination on the grounds of age, political persuasion, religion or belief, trade-union involvement, and the rehabilitation of offenders; ● the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 and the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000; ● making a discrimination claim to the Employment Tribunal, remedies and awards; ● the use of equal opportunities in the workplace and the Equality Act 2010.

ANTI-DISCRIMINATION LAW

OTHER DISCRIMINATORY ACTS Both the Sex Discrimination Act 1975 and the Race Relations Act 1976 recognise other discriminatory offences. Employers may also discriminate by: ● using discriminatory job advertisements ● using discriminatory practices ● instructing others to discriminate ● pressurising another to discriminate ● aiding unlawful discriminatory acts. Using discriminatory advertisements Section 38 of the Sex Discrimination Act 1975 (s 39, EA 2010) and s 29 of the Race Relations Act 1976 (s 13, EA 2010) state that it is unlawful for employers to discriminate when advertising job vacancies. They state that it is unlawful: to publish or cause to be published an advertisement which indicates or might reasonably be understood to indicate an intention to sexually or racially discriminate. Employers should take care not to discriminate when drafting advertisements to ensure that they do not include any words with sexual or racial connotations. Examples of potentially discriminatory advertisements are: ● those with pictures of existing employees who are all from one sex or race; ● those which use male connotations, for example, suggesting that the employer only intends to employ a man, e.g. ‘salesman’, ‘waiter’, ‘postman’. An interesting example of a situation where an employer tried to get around this rule is the case of Equal Opportunities Commission v Robertson (1980). Here, the employer advertised for a ‘good bloke (or blokess to satisfy fool legislators)’. It was held that this advertisement could reasonably be understood to indicate that the advertiser intended to employ a man and so discriminated against women. If there is a genuine occupational reason for advertising for applicants from a particular sex or race, this should be stated at the bottom of the advertisement. Any use of this exception should
Other discriminatory acts be explained to the publishers before publication to ensure that they are fully aware of the reasons why the advertisement is drafted in a particular way. This is because ss 38 and 29 impose liability both on the employer who drafts the advertisement and on those who publish it. Both parties are liable to be fined if discrimination can be proved. This means that newspapers or magazines which publish job advertisements could also be said to have discriminated by a