This website uses cookies to ensure you have the best experience. Learn more

Positive Discrimination Essay

1560 words - 6 pages

Discrimination Presentation

Aim: What are the advantages and disadvantages of positive discrimination in relation to employment law?


    Introduction: definition of Positive discrimination
    Theories surrounding positive discrimination
    Legislation time-line

Sandra Fredman: the deliberate use of race or gender conscious criteria for the specific purpose of benefiting a group which has been previously been disadvantaged or excluded on grounds of race or gender.
Gweneth Pitt: Allowing preferential treatment of one group at the expense of another.

In some cases, this means preferential treatment for a candidate who may be equally or less qualified than others.

In this presentation going discuss fairness behind Positive discrimination by looking at British statute & common law & contrasting it to EU law & the ECJ's opinion & changing stance of Positive discrimination through its leg & case law.

Under UK law Positive discrimination is unlawful but for two exceptions - will examine under what leg it is unlawful & what the pros & cons to it are.

It is unlawful since Positive discrimination discriminates in favour one group e.g. women, which inevitably discriminates against another group, e.g. men who are equally protected under leg. - Symmetrical outlook

 With this in mind, Imp to note Positive discrimination not exist with disabled candidates as no law against non-disabled persons.

In order to give u clear understanding of Positive discrimination, explain it through a time-line, which will show how, got to legal position at today.

Main Body:

Before I take you through the time-line of the law, it is important to explain the theoretical stances of Positive discrimination, and how when looked at from 3 different viewpoints, it can be seen to unlawful as well as lawful.

Sandra Fredman has put these arguments very succinctly in her book on discrimination law. The first viewpoint looked at in the book is formal equality. This means that positive discrimination is unlawful because it differs from the formal concept of equality, which is a very symmetrical viewpoint & one mainly followed in the UK.

Fredman goes on to explain that there are 3 characteristics of formal equality which makes positive discrimination illegitimate.

    FE looks at equality as a universal concept that cannot vary to reflect different patterns in society, & therefore equality always being symmetrical gives equality evenly to everyone, regardless of whether they are or are not from a disadvantaged group.
    This formal equality is individualistic in form. i.e. there are no groups of sex or race, but only individuals who should be judged based on their merits alone, which then makes Positive discrimination contradictory as it looks at disadvantaged groups not individuals.
    FE entails...

Find Another Essay On Positive Discrimination

discrimination against HIV positives Essay

892 words - 4 pages ). Most people living with this virus is discriminated upon and treated badly every day in their life. HIV discrimination can range from; being ignored by family and friends, community, poor treatment in healthcare and education setting, workplace, and restrictions on travelling. Laws like the Rehabilitation Act of 1973 and American with Disabilities Act of 1990 helps protect individuals with HIV against some of the discriminations they face. HIV

Affirmative Doublethink Essay

1035 words - 5 pages problem. There are many uses of doublethink in our present-day societies that are used globally. For example, discrimination against race, gender, and ethnicity is still a large issue and several doublethink policies and social customs promote discrimination even more in efforts to stop discrimination. Affirmative action is an example of doublethink that, in that in its effort to stop discrimination, promotes it through reverse discrimination

Ethics of Workplace Discrimination

1429 words - 6 pages Workplace ethics are standards or codes that determines right and wrong moral behavior in the work environment. Discrimination is defined as “the unjust or prejudicial treatment of different categories of people or things, especially on the grounds of race, age, or sex.” (Oxford Dictionary) Workplace discrimination deals with issues such as religion, race, gender, disability, age, and sexual orientation. Covering all of these issues is

Workplace Discrimination: Huffman Trucking

654 words - 3 pages Huffman Trucking is a national trucking company that employs 1,400 employees in four different cities. Of the 1,400 employees, there are 925 drivers and 425 support personnel. Individuals in the trucking industry can potentially face many various forms of discrimination when applying for jobs with trucking firms or while on the job once hired. The human resources team must be knowledgeable in respect to discriminatory practices and develop

The Different Impacts Diversity Has on an Individual

1201 words - 5 pages Card on Discrimination in America, Reynolds Farley reported in his Average Hourly Earnings for Persons with Positive Earnings in 1996 that the hourly earnings of black men are 65 percent those of white men, and black men work 77 percent as many hours as white men. Gary Orfield and Susan Eaton reporting in 1996 in their book, Dismantling Desegregation: The Quiet Reversal of Brown vs. Board of Education that American schools and neighborhood were

Diversity Paper

1124 words - 4 pages Michael E. Fix and Margery Austin Turner, authors of The Role of Testing A National Report Card on Discrimination in America, Reynolds Farley reported in his Average Hourly Earnings for Persons with Positive Earnings in 1996 that the hourly earnings of black men were 65% less than those of white men, and black men worked 77% more hours as white men. Gary Orfield and Susan Eaton reporting in 1996 in their book, Dismantling Desegregation: The Quiet

Are HIV/AIDS Carriers Suffering from Discrimination?

1841 words - 7 pages problem with the fact. When his boss learned he was HIV-Positive, he fired him immediately. Villacampa was very upset and wanted justice. He filed a lawsuit, and sued his boss for 4 million dollars. Managers aren't even safe from discrimination if they’re HIV-Positive. Christopher Pena, a former HIV-Positive manager of many Burger King Restaurants in Virginia, had seven years experience in his field. After sharing his health status with his

Racial Discrimination the U.S. Labor Market

2828 words - 11 pages racial discrimination in the labor force, companies use affirmative action in their hiring process. Affirmative action is the process of a business or governmental agency in which it gives special rights of hiring or advancement to ethnic minorities to make up for past discrimination against that minority (U.S., n.d.). During the 1990s and 2000s, affirmative had a positive impact for minorities. The unemployment rate for minorities

Preventing Discrimination Simulation

963 words - 4 pages all new hires a drug test as included in the simulation and include random drug screening into their employee handbook. This will give the employees an idea of being tested at any time and does not give them the right to file for discrimination if they are fired in case of positive results. If an employee is found to be addicted, does not accept any help, or problem continues after the offered help, then the employer should write up and finally

The Xenophobia Police: Affirmative action in Europe

664 words - 3 pages strange look to it. For openers, it's not called affirmative action. For reasons never logically explicated, but possibly in and effort to de-emphasize the copycat aspect--affirmative action is, after all, an American invention--the European Union calls it "positive discrimination." Second, and much stranger, it's generally noncontroversial. Lyndon Johnson and Richard Nixon gave affirmative action to the U.S. back in the 1960s,and in the ensuing

Anti-discriminatory Practice

2595 words - 10 pages setting, laws and legislations apply to hospitals as well. They are vital in a hospital setting as it can affect many factors in the hospital from the way nurses work to how data within computer systems are protected. In this report, I will be explaining how laws and legislations affect hospital setting and how they can bring positive reinforcement into a hospital setting. Age Discrimination Act 2006 The Age Discrimination Act states that it is

Similar Essays

Ethics Of Positive Discrimination Policy Essay

2035 words - 8 pages about Smith Bank's positive discrimination policy for female employees in New Zealand and the ethics of implementing this policy as international strategy. It will be divided in two parts. The first section will provide a brief discussion for the ethics of positive discrimination in New Zealand. In particular, the Distributive Justice ethic and the Moral Rights ethic will be considered. The purpose of the first section is to prove that positive

Affirmative Action Is Positive Discrimination Essay

663 words - 3 pages Affirmative action commonly means giving special treatment to certain people such as minorities and women to correct past discrimination against these groups by increasing recruitment, promotions, retention and on-the-job training by removing barriers to admission to universities and educational establishments. Affirmative Action is sometimes thought of as “positive discrimination”. Affirmative Action may seem like it is only positive, but it

Positive Discrimination Essay

1531 words - 6 pages Student ID: 27342271Consider the extent to which it is advisable to conduct worldwide immunisations against a particular emerging health threat, such as Avian or Swine Flu. Might such action be possible and/or advisable in the near future?OutlineIntroductionUsing the news about Ebola Hemorrhagic Fever introduces the question about the worldwide immunisation, the importance of immunisation, brief introduction of positive and negative effects and

Sex Discrimination Essay

1571 words - 6 pages Introduction Discrimination involves action toward individuals on the basis of their group membership; Baron and Byrne (1994) defined discrimination as prejudice in action. Discrimination can take a very overt form (e.g., refusal to hire women into certain jobs), but in many instances, gender discrimination involves the degree to which the workplace is open to versus resistant to the participation of women. Although many discussions of gender