Employment Legislation 

 Definitions 




There are many definitions and terms within the arena of equal opportunities and diversity, the following definitions are commonly used explanations:

Direct discrimination
Occurs where 'one person is treated less favourably than another is, has been or would be treated in a comparable situation'. It means a difference of treatment simply because of a person's race, sexual orientation, religion or belief, disability, or age, rather than (for example) a person's competence to do a particular job.

Indirect discrimination
Occurs where an apparently neutral 'provision, criterion or practice' would put persons of a given group at a particular disadvantage compared with other persons, unless it can be objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.

Institutional racism
Taken from the Macpherson Report - 'The collective failure of an organisation to provide an appropriate and professional service to people because of their colour, culture or ethnic origin. It can be seen or detected in processes, attitudes and behaviour which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness and racist stereotyping which disadvantage ethnic minority people'.

Positive action
Employers may not discriminate in the actual selection for a post on the grounds of sex or race but the legislation does allow measures to be taken to encourage members of under-represented groups to take advantage of opportunities. However, positive action which is lawful should not be confused with positive discrimination which is unlawful. (ACAS)


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