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Types of Discrimination
Home Up ABSENTEEISM HARASSMENT DISCIPLINE SAFETY QUESTIONS

 

 

                                     

ABSENTEEISM   

bulletCauses of Absenteeism
bulletCost Associated with Absenteeism
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HARASSMENT

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DISCRIMINATION

bulletTypes of Discrimination
bulletThe Glass Ceiling Effect

DISCIPLINE

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SAFETY

bulletDefinition of Safety
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Age Discrimination:

 

It is not illegal to discriminate against someone for being "too young." In fact, the anti age discrimination laws do not protect anyone under 40. The purpose of these laws, and the way they are written, are to protect workers from discrimination on the basis of being "too old."

 

Lost Wages - Older Worker Often Equals Higher Pay

First, older workers are more likely to have been with a company for a longer period of time. They are therefore more likely to be in a senior position, or at the very least have had many years to receive raises.  They are more likely to have higher salaries than their younger counterparts. This increases the damages for past and future lost wages and benefits.

 

 

Finding A New Job

Damages for lost wages and benefits are also increased by the fact that it is harder for older workers to find new employment. That is, he or she must make reasonable efforts to replace the job that was lost. It is more difficult for a high-level, highly paid employee to replace a lost job with a similar job. This is more likely to be the situation with an older worker. But even if the older worker was in a low-level position, it is still more difficult to mitigate damages. First, as stated above, that employee, because of the length of employment, probably makes more than younger counterparts in the same position. But if the older worker is applying for a new low-level position, he or she will have to start over at the bottom of the pay scale. This has two effects. First, the older worker is required to try to find "comparable" employment. The employee doesn't have to take just any job. There is no formula for "comparable," and no percentage of former pay that the employee is required to accept.

Second, older workers have more difficulty getting a job. Older workers suffer from the common discrimination that goes on all the time, whether on the basis of age, race, or something else: people often hire people who are "like" themselves. Younger workers just think they will be more comfortable working with persons like themselves. But older workers also face a special set of problems. Even aside from flat-out age discrimination, there are common and more-subtle reasons for employers' reluctance to hire older workers. For instance, employers realize that the older worker cannot have the long-term career with the company that a younger worker can. Arguably, this is age discrimination. But the employer might not think so, insofar as the decision not to hire the older workers isn't motivated by a particular animus against older people as a whole. There might be assumptions about the older workers' attendance because of presumed health problems. Again, this isn't legal, but people often think these assumptions are fair and sensible to make.

 Older workers often face special problems in "new" industries, such as high-tech. Youth-dominated companies might describe or perceive themselves as looking for "new" ideas and "innovative" employees. There is no reason this should exclude older workers; unfortunately, it often does.

Why Discriminate?

Why would anyone choose to discriminate against the elderly, they have experience, wisdom, and a breadth of knowledge that younger workers very rarely have. They may also be the institutional memory of the company. They know what has worked in the past and what hasn't

The age discrimination laws, like all the employment discrimination laws, exist for a reason: employers shouldn't make assumptions based on age, race, gender, etc. Clichés and stereotypes aren't always accurate, and shouldn't form the basis for decisions that affect others.  The best way for a company to avoid age discrimination  is to have their employees take to heart the rationales behind the age discrimination laws. If the company and its employees value older workers, then they aren't going to discriminate in the first place, then there is a better chance for a successful employee based company.

 

Racial Discrimination

 

 What is racial discrimination?

The Race Relations Act is concerned with people's actions and the effects of their actions, not their opinions or beliefs.  Racial discrimination is discriminatory actions or abusive actions towards someone because of their race.

Direct racial discrimination

This occurs when you are able to show that you have been treated less favourably on racial grounds than others in similar circumstances.  If you can give an example of someone from a different racial group who, in similar circumstances, has been treated more favourably than you. Racist abuse and harassment are forms of direct discrimination.

 

 

 

 

 

Indirect racial discrimination

Indirect racial discrimination may fall into one of two categories. The first is on grounds of colour or nationality; the second is based on race, ethnic or national origin.

On grounds of colour or nationality

This occurs when you, or people from your racial group, are less likely to be able to comply with a requirement or condition, and that requirement cannot be justified on non-racial grounds.

For example, a rule that employees or pupils must not wear headgear could exclude Sikh men and boys who wear a turban, or Jewish men or boys who wear a yarmulka, in accordance with practice within their racial group.

On grounds of race, ethnic or national origin

Discrimination of this type occurs when a provision, criterion or practice is applied to everyone, but puts people of the same race or national or ethnic origin at a particular disadvantage.