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Discrimination is the act of making distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of race, gender, age, religion, disability, or sexual orientation, as well as other categories. Discrimination especially occurs when individuals or groups are unfairly treated in a way which is worse than other people are treated, on the basis of their actual or perceived membership in certain groups or social categories. It involves restricting members of one group from opportunities or privileges that are available to members of another group.
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Equal pay for equal work is the concept of labour rights that individuals in the same workplace be given equal pay. It is most commonly used in the context of sexual discrimination, in relation to the gender pay gap. Equal pay relates to the full range of payments and benefits, including basic pay, non-salary payments, bonuses and allowances. Some countries have moved faster than others in addressing equal pay.
The social model of disability identifies systemic barriers, derogatory attitudes, and social exclusion, which make it difficult or impossible for disabled people to attain their valued functionings. The social model of disability diverges from the dominant medical model of disability, which is a functional analysis of the body as a machine to be fixed in order to conform with normative values. While physical, sensory, intellectual, or psychological variations may cause individual functional limitation, these do not necessarily have to lead to disability unless society fails to take account of and include people intentionally with respect to their individual needs. The origin of the approach can be traced to the 1960s, and the specific term emerged from the United Kingdom in the 1980s.
Anti-discrimination law or non-discrimination law refers to legislation designed to prevent discrimination against particular groups of people; these groups are often referred to as protected groups or protected classes. Anti-discrimination laws vary by jurisdiction with regard to the types of discrimination that are prohibited, and also the groups that are protected by that legislation. Commonly, these types of legislation are designed to prevent discrimination in employment, housing, education, and other areas of social life, such as public accommodations. Anti-discrimination law may include protections for groups based on sex, age, race, ethnicity, nationality, disability, mental illness or ability, sexual orientation, gender, gender identity/expression, sex characteristics, religion, creed, or individual political opinions.
The Equal Pay Act 1970 was an Act of the Parliament of the United Kingdom that prohibited any less favourable treatment between men and women in terms of pay and conditions of employment. The Act was proposed by the then Labour government, and was based on the Equal Pay Act of 1963 of the United States. It has now been mostly superseded by Part 5, chapter 3, of the Equality Act 2010.
United Kingdom employment equality law is a body of law which legislates against prejudice-based actions in the workplace. As an integral part of UK labour law it is unlawful to discriminate against a person because they have one of the "protected characteristics", which are, age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, pregnancy and maternity, and sexual orientation. The primary legislation is the Equality Act 2010, which outlaws discrimination in access to education, public services, private goods and services, transport or premises in addition to employment. This follows three major European Union Directives, and is supplement by other Acts like the Protection from Harassment Act 1997. Furthermore, discrimination on the grounds of work status, as a part-time worker, fixed term employee, agency worker or union membership is banned as a result of a combination of statutory instruments and the Trade Union and Labour Relations (Consolidation) Act 1992, again following European law. Disputes are typically resolved in the workplace in consultation with an employer or trade union, or with advice from a solicitor, ACAS or the Citizens Advice Bureau a claim may be brought in an employment tribunal. The Equality Act 2006 established the Equality and Human Rights Commission, a body designed to strengthen enforcement of equality laws.
The Race Equality Directive 2000/43/EC is a legal act of the European Union, concerning European labour law. It implements the principle of equal treatment between persons irrespective of racial or ethnic group. Since the Treaty of Amsterdam came into force in 1999, new EC laws, or Directives, have been enacted in the area of anti-discrimination, and this directive complements other directives on gender and age, disability, religion and sexual orientation.
The Employment Equality Regulations 2003 were secondary legislation in the United Kingdom, which prohibited employers unreasonably discriminating against employees on grounds of sexual orientation, perceived sexual orientation, religion or belief and age.
The Equality Framework Directive2000/78/EC is an EU Directive, and a major part of EU labour law which aims to combat discrimination on grounds of disability, sexual orientation, religion or belief and age in the workplace. It accompanies the Directive 2000/43/EC on equal treatment between persons irrespective of racial or ethnic origin and the Directive 2006/54/EC on equal treatment of men and women in matters of employment and occupation. It is implemented in the UK with the Equality Act 2010. Germany implemented the directive by creation of its General Act on Equal Treatment, Allgemeines Gleichbehandlungsgesetz (AGG).
The Equality Act 2010 is an Act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis of anti-discrimination law in mostly England, Scotland and Wales; some sections also apply to Northern Ireland. These consisted, primarily, of the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995 and three major statutory instruments protecting discrimination in employment on grounds of religion or belief, sexual orientation and age.
Coleman v Attridge Law (2008) C-303/06 is an employment law case heard by the European Court of Justice. The question is whether the European Union's discrimination policy covers not just people who are disabled but people who suffer discrimination because they are related or connected to disabled people. At the beginning of 2008, Advocate General Maduro delivered his opinion, supporting an inclusive approach. He said discrimination law is there to combat all forms of discrimination, including those connected to protected groups of people.
Chacón Navas v Eurest Colectividades SA (2006) C-13/05 is an EU labour law case that sets forth a uniform definition of disability in the European Union. Both the Treaty of Amsterdam and the EU Framework Directive on Employment left open the definition of disability, which allowed the Court to adopt its own definition.
Equality and diversity is a term used in the United Kingdom to define and champion equality, diversity and human rights as defining values of society. It promotes equality of opportunity for all, giving every individual the chance to achieve their potential, free from prejudice and discrimination.
European labour law regulates basic transnational standards of employment and partnership at work in the European Union and countries adhering to the European Convention on Human Rights. In setting regulatory floors to competition for job-creating investment within the Union, and in promoting a degree of employee consultation in the workplace, European labour law is viewed as a pillar of the "European social model". Despite wide variation in employment protection and related welfare provision between member states, a contrast is typically drawn with conditions in the United States.
The area of freedom, security and justice (AFSJ) is a collection of justice as well as migration & home affairs policies designed to ensure security, rights and free movement within the European Union (EU). Areas covered include the harmonisation of private international law, extradition arrangements between member states, policies on internal and external border controls, common travel visa, immigration and asylum policies and police and judicial cooperation.
Mangold v Helm (2005) C-144/04 was a case before the European Court of Justice (ECJ) about age discrimination in employment.
Kücükdeveci v Swedex GmbH & Co KG (2010) C-555/07 is a leading EU labour law case, which held that there is a general principle of law in all European Union member states, against discrimination, and in favour of equal treatment.
The European Union policy for disabled people guarantees governmental responsibility for all disabled people in all of the EU's 27 member states. This policy operates in the framework of the subsidiarity principle: if possible, one should improve at the national level, though in principle the EU will refrain from setting hefty laws in this area. Through the activities of the Council of Europe and the United Nations, the EU disability policy has since been in effect in many EU countries for years.
References
- ↑ Chalmers, Damian; Davies, Gareth; Monti, Giorgio (2011). European Union Law (2nd ed.). UK: Cambridge University Press. pp. 534 ff. , p. 534, at Google Books. ISBN 978-0521121514.
- ↑ "Committee on Employment and Social Affairs". European Parliament. Retrieved 3 October 2014.
- ↑ ECJ 28 January 1992, nr. C-204/90, Bachmann v Belgium, § 30.
- ↑ "Council Directive 2000/78/EC". The Council of the European Union. 27 November 2000. Retrieved 5 April 2012.
{{cite journal}}: Cite journal requires|journal=(help) - ↑ "Council Directive 2000/43/EC". The Council of the European Union. 29 June 2000. Retrieved 5 April 2012.
{{cite journal}}: Cite journal requires|journal=(help) - ↑ "Hochschulgesetze der Länder". bildungsserver.de. Retrieved 24 September 2021.. For example, the internal regulation of the University of Trier isVon einer Ausschreibungspflicht im wissenschaftlichen Bereich und bei Drittmittel finanzierten [sic] Forschungsprojekten wird im Allgemeinen abgesehen... ("There is generally no requirement to advertise academic positions, including externally-funded research projects" "Dienstvereinbarung "Grundsätze über die Durchführung von Stellenbesetzungsverfahren" (Stand 1/2016)" (PDF). Universität Trier. Archived from the original (PDF) on 5 August 2020. Retrieved 24 September 2021..
- ↑ 'Ein Arbeitsplatz darf nicht unter Verstoß gegen § 7 Abs. 1 ausgeschrieben werden.' ("A job must not be advertised in infringement of § 7 paragraph 1") "§11 AGG". Gesetze im Internet. Retrieved 30 August 2022..
