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Essay on Discrimination Law and Indirect Discrimination





The instructions for the essay were:

1. The concept of indirect discrimination focuses on the effect of a certain measure or practice, rather than on the reasons behind it. It recognizes that some actions can hurt members of vulnerable groups in an unfair and unjustifiable way and may perpetuate their disadvantaged position in society, even though this consequence may be unintentional. Trace the development of the concept up to the present day. How successful has it proved in tackling the more hidden and institutionalized forms of discrimination?


(first)
- Critical, insightful evaluation and synthesis of issues and material which
includes an original and reflective approach
- Clear evidence of relevant application of theory and/or empirical results,
where applicable
- Comprehensive knowledge and in-depth understanding of principles and
concepts
- Extensive evidence of integrating appropriate supplementary sources
- Comprehensive referencing and bibliography
- Excellent, well-directed presentation, logically structured, using correct
grammar and spelling

About the Solutions
The paper is composed of 12 different sources and is over six pages long. The first page is reproduced below and you can purchase the full solution if you wish to.

Indirect Discrimination
Discrimination, both direct and indirect may be considered to be a thing of the past but sometimes they do crop up in situations where the company is not actually focused on diversity issues but more concerned with just fulfilling the legal requirements. In fact, as discussed by Connolly (2006), even though there have been many years since diversity initiatives were first created by companies in Britain, many unions and even government offices still struggle with the idea of non-discrimination especially when it comes to indirect discrimination.

According to Alleyne (2005), the fundamental reasons for the problems in dealing with indirect discrimination are the changes in theoretical underpinnings that have come to the idea of discrimination. This is because instead of refusing people positions based on their colour, religion or disability, indirect discrimination takes place by creating employment requirements, situations or practices which have an adverse impact on one or more groups. Such requirements can be quite abstract in nature and it may be impossible to prove if direct or indirect discrimination is actually taking place. Further, discrimination itself may be based on deep rooted psychological biases that are difficult to control or manage (Crawford et. al., 2002). This becomes particularly true when it comes to placing women or other minorities in leadership positions.

Further, the company or the organization may have issues beyond recruiting as indirect discrimination could give some individuals lesser opportunities for progress or promotions. Of course, non-discrimination laws can be enforced by the government but the concept of indirect discrimination is more difficult to prove and thus it becomes difficult to prevent a company from engaging in it. The concept of indirect discrimination is explained by Hunter (1992, Pg. 6) who says:
The elimination of indirect discrimination and the achievement of substantive equality requires not just that biological differences between men and women, and between majority and minority groups, be acknowledged and accommodated. In practice, this means that remedial action must be taken where the existing ways of doing things produce disparate outcomes for different groups.

With regard to indirect discrimination, while diversity itself may be seen as an advantage for business, indirect discrimination has not come to a point where the business advantages of removing it can be clearly seen. Companies in the UK may have HR personnel that seek to reduce any levels of indirect discrimination but the organisation and the culture prevalent in the company may become a hindrance (CIPD, 2006). For instance, institutes that have long standing traditions may find it difficult to change quickly. They may not accept too many young people working in top positions without them having put years of service with the institute and showing that they are a part of the ‘club’.


Other Details about the Project/Assignment
Subjects: Legal Studies and Law -> Discrimination
Topic: Discrimination Law and Indirect Discrimination
Level: College / University
Tags:

Discrimination, Law, Indirect Discrimination,


Price: $1.95
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Mike Carver
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Project Details
Subjects: Legal Studies and Law -> Discrimination
Topic: Discrimination Law and Indirect Discrimination
Level: College / University
Tags:

Discrimination, Law, Indirect Discrimination,


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