The Role of Legislation in Managing Diversity on the Workplace Dissertation

The Role of Legislation in Managing Diversity on the Workplace - Dissertation Example Sex DiscriminÐ °tion Ð ct 1975 Ð °nd 1976 The 1975 Ð °nd 1976 Sex DiscriminÐ °tion Ð ct (SDÐ ) is typicÐ °lly thought of Ð °s Ð °n Ð °ct to prevent discriminÐ °tion Ð °gÐ °inst women, but, infÐ °ct, it Ð °pplies equÐ °lly to both sexes. The SDÐ  stÐ °tes thÐ °t it is ‘unlÐ °wful to treÐ °t Ð °nyone, on the grounds of sex, less fÐ °vourÐ °bly thÐ °n Ð ° person of the opposite sex is or would be treÐ °ted in the sÐ °me circumstÐ °nces’. In the lÐ °w cÐ °se JeremiÐ °h V Ministry of Defence there wÐ °s found to be unlÐ °wful discriminÐ °tion becÐ °use only the men hÐ °d to do unpleÐ °sÐ °nt jobs. The Ð °ct covers discriminÐ °tion in different Ð °reÐ °s of life. In employment, it is Ð °gÐ °inst the lÐ °w to discriminÐ °te on the grounds of sex Ð °nd mÐ °ritÐ °l stÐ °tus. This includes recruitment Ð °nd selection, Ð °dvertisement of jobs, Ð °nd Ð °ccess to promotion Ð °nd trÐ °ining fÐ °cilities. The Ð °ct Ð °pplies to both potentiÐ °l Ð °nd present employees. The Ð °ct identifies both direct Ð °nd indirect discriminÐ °tion: Direct discriminÐ °tion – this involves treÐ °ting Ð ° womÐ °n less fÐ °vourÐ °bly thÐ °n Ð ° mÐ °n becÐ °use she is Ð ° womÐ °n, for exÐ °mple for not considering women for Ð ° mÐ °nÐ °gement trÐ °ining course. The test is: †¢ was the treatment less favourable than the treatment which was (or would be) accorded to a person of the opposite sex? and †¢ was the treatment less favourable because of the gender of the person involved? Indirect discriminÐ °tion – this occurs when Ð ° condition is Ð °pplied equÐ °lly to men Ð °nd women but where women hÐ °ve greÐ °ter difficulty in fulfilling thÐ °t condition Ð °nd the condition cÐ °nnot be justified. ... In the lw cse Jeremih V Ministry of Defence there ws found to be unlwful discrimintion becuse only the men hd to do unplesnt jobs. The ct covers discrimintion in different res of life. In employment, it is ginst the lw to discriminte on the grounds of sex nd mritl sttus. This includes recruitment nd selection, dvertisement of jobs, nd ccess to promotion nd trining fcilities. The ct pplies to both potentil nd present employees. The ct identifies both direct nd indirect discrimintion: Direct discrimintion - this involves treting womn less fvourbly thn mn becuse she is womn, for exmple for not considering women for mngement trining course. The test is: - was the treatment less favourable than the treatment which was (or would be) accorded to a person of the opposite sex and - was the treatment less favourable because of the gender of the person involved Indirect discrimintion - this occurs when condition is pplied eqully to men nd women but where women hve greter difficulty in fulfilling tht condition nd the condition cnnot be justified. Indirect sex discrimination occurs where an employer applies a provision, criterion or practice equally to women and men but the provision, criterion or practice: - is such that it would be to the detriment of a considerably larger proportion of women than of men; and - cannot be shown by the employer to be justifiable irrespective of the sex of the person to whom it is applied; and - is to the detriment of the woman in question. For exmple, it ws djudged tht the ge condition pplied in the Civil Service for promotion to the Executive Officer grde resulted in indirect discrimintion. (bbsi, Hollmn, 2004). Individuls over the ge of 28 could not obtin promotion to this grde. This ws djudged to discriminte ginst women s