Discrimination In Employment Essay

2741 words - 11 pages

Discrimination in Employment

Equal Pay Act passed in 1970. This implemented the European principle
of Equal pay contained in Treaty of Rome Article 119 (now 141) and
sets out a broad definition of pay.

Although the EPA is limited in application in that the comparison is
between a man and a woman presently employed by the same employer,
Article 119 of the Treaty of Rome which requires 'equal pay for
identical work' between the sexes confers a similar right to every
worker in the Common Market.

* Equality clause - By virtue of s1 (1) the equality clause is an
implied term in every contract of employment.

If Sharon is successful in her claim for equal pay, the equality
clause will be activated. This means that any term less favourable in
her contract than that of the comparators becomes as favourable and
any term not included in her contract that is Phil's contract will be
included. The effect is that Sharon's pay will rise and she will have
the same perk as Phil of the company car.

It is important to note here that the Act requires a term-by-term
comparison between the applicant and the comparator's contract of
employment. This issue came up in the case of Hayward v. Cammell Laird
Shipbuilders [1988]. Miss Hayward won her claim, but question arose as
to what she was entitled to. She claimed the same rate of basic pay as
her chosen comparator as a term of contract under the equality clause,
but her employers objected to this pointing out that though her basic
pay was less; other terms in her contract were actually more
favourable than her comparators, such as sick pay and more holiday
benefits. Thus, if the contract was looked at as a whole package, Miss
Hayward would fail in her claim for a pay rise, but if it was
considered on a term-by-term basis she could succeed in her claim. The
Court of Appeal opted for the package approach, but the House of Lords
held that by way of s1 (2) the contracts should be examined

* Male comparator

The EPA is based on comparison with a named comparator. The applicant
is free to choose her male comparator as in Ainsworth v. Glass Tubes
and components Ltd [1977], but it may not be a hypothetical male (Defrenne
v. SABENA [1976]). It was established by the European Court in
McCarthy v. Smith [1981] that the applicant could compare herself with
a predecessor under Article 119.

Under s1 (6) the applicant's male comparator must be:

(a) Employed by her employer or an associated employer and;

(b) Employed at the same establishment or;

(c) Employed at a different establishment in Great Britain and common
terms and conditions are observed for that class of employee.

Phil is a valid male comparator for Sharon as they are both shift
managers employed by the same work.

* Sharon's route to equal...

Find Another Essay On Discrimination in Employment

employment discrimination liability Essay

1687 words - 7 pages Companies face increasing legal liabilities and obligations in managing their workforces, especially from alleged discrimination. Human resource management (HRM) should play an active role in this aspect of the legal environment. One challenge is complying with ever-increasing federal and state employment regulations designed to protect employees from a growing list of discriminatory employment practices. Also, large and highly-publicized

Age Discrimination and Employment Essay

1274 words - 6 pages performance. Individuals regardless of age should not be treated different than younger employees on any basis if they are equally qualified and capable of performing the same duties. The view of older people as burdens or dependents, has left an uneven playing field for those older people trying to compete in the job-market with the stereotypes and stigma of being old. History The Age Discrimination in Employment Act of 1967 (ADEA) was

Employment Law: Age Discrimination

1755 words - 7 pages explain some of the issues older Americans are dealing with: (1) Subtle Age Bias (2) Age Discrimination In employment Act (3) Job Hunting at age 55 (4) Cost-Cutting Measures Puts Older workers at greater Risk (4) The court system. Let us first discuss what the subtle age bias entails.Age discrimination can be covert in most instances, such as, a bank hiring an extremely pretty teller, and an inexperienced young woman instead of an older woman with a

Employment Discrimination - Have I been discriminated against?

1842 words - 7 pages "Title VII (Civil Rights Act of 1964), prohibits employment discrimination based on race, color, religion, sex, or national origin. It goes on to include the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination, and the Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older" (EEOC).Human

EEOC Claims Process- This paper outline what steps are required to file a claim on employment discrimination

856 words - 3 pages Legal Process PaperThe Equal Employment Opportunity Commission (EEOC) is a Government agency, which exists to protect all of us from employment discrimination based on race, color, sex, national origin, religion, retaliation, age and disability. Individuals, like John, who feel their employer has discriminated against them for any of these reasons have the right to file a complaint through the EEOC. This paper will outline the complaint process

Racial Discrimination in the Workplace

915 words - 4 pages Racism refers to the practices, actions, beliefs and practices that consider people who are affiliated to different races as being ranked inherently superior or inferior to others. This assumption or belief is mainly based on the presumed shared inheritable abilities, traits, or qualities. Racial discrimination has been termed as a major vice in the employment industry where members from different racial backgrounds are treated differently

Harrassment Is an Example of Discrinimation in Employment

879 words - 4 pages Job Discrimination by definition is the practice of using an individual's race, color, national origin, sex, or religion to make employment decisions related to hiring, firing, compensation, evaluations, promotions, and training. There is a lot of discrimination in employment and the example of discrimination that occur is Harassment. Harassment Sexual harassment is one of the most heard in the workplace and usually it occur when employees are


904 words - 4 pages (1999 - 2010 AllBusiness.com)This definition raises an important point: Unfair treatment does not necessarily equal unlawful discrimination. Treating a person differently from others violates Equal Employment Opportunity (EEO) laws only when the treatment is based on the presence of a protected characteristic, rather than on job performance or even on something as strange as an employee's personality. Keep in mind, however, that discrimination

The age discrimination in the work place

604 words - 3 pages discrimination issues in the workplace. Works Cited Anti-Ageism Taskforce. (2006). Ageism in America. New York, USA: International Longevity. Dennis, H., & Thomas, K. (2006). Ageism in the workplace. A journal of the American Society on Aging. Freedman, D. J. (2012). Martindale.com. Retrieved from http://www.martindale.com/labor-employment-law/article_Barley-Snyder_1510400.htm.

Discrimination in America

1140 words - 5 pages worthy or less intelligent than those from the majority culture (National Association of School Psychologists, 2010). Another prominent type of discrimination is age discrimination. Age discrimination occurs to both young and old aged people. Age discrimination can be seen in job fields. Employment sector cognitively believe that young candidate can perform well in developing the organization. However, there are several companies prefer to hire

Standard Employment Relationship

1269 words - 6 pages Relationship in mind the Ontario Employment Standards Act was designed to protect those who are not considered as equal in a work place of a primary male income earner. Even with the many gender equality laws and policies put into effect there have still been cases of discrimination. Through out the essay we will discuss the ways discrimination takes place in a work environment, laws and policies against it as well as a case study. One of the first to

Similar Essays

Looks, Beauty, & Appearance Discrimination In Employment

1350 words - 5 pages Looks, Beauty, & Appearance Discrimination in Employment Employment discrimination legislation has evolved to include race, disabilities, sexual harassment of either gender, and age. In lieu of this evolution and an increasing trend toward equality for all individuals in the workplace, the time has come for the protective reach of employment discrimination law to cover ugliness. While the proposal may cause titters at first, evidence

Gender Inequality: Sex Discrimination In Employment

1616 words - 6 pages - action. In Revisioning gender, edited by M. M. Ferree, J. Lorber, and B. B. Hess. Thousand Oaks, CA: Sage • Ridgeway, Cecilia L., and Shelley J. Correll. 2004. Unpacking the gender system: A theoretical perspective on gender beliefs and social relations. Gender & Society 18 (4): 510-31. • Ridgeway, Cecilia L., and Paula England. 2007. Sociological approaches to sex discrimination in employment. In Sex discrimination in the workplace

Lgbt Employment Discrimination In National And International Law

2725 words - 11 pages access to healthcare. Then in 2002, general comment 15 did the same for access to water and sanitation. The crucial turning point for employment discrimination based on sexual orientation came in 2005 with the adoption of general comment 18, focusing on the right to work. Finally, general comment 20, adopted in 2009, made general updates to ICESCR’s non-discrimination law, including the following: “Other status” as recognized in article 2, paragraph 2

A Report On The Equal Employment Legislation In Australia. Evaluates Case Study With Regards To Discrimination And Harassment. Statistics And Recommendations Outlined

2822 words - 11 pages EXECUTIVE SUMMARYAll organizations must effectively meet Equal Employment Opportunity legislation in the workplace. This report will examine the central ideas of the concepts and components of EEO. It will also provide detailed information on the rights of an employee to a safe and discrimination-free working environment and why discrimination still continues to exist. Statistics will be examined to provide ample evidence of the effectiveness of