Identify The Main Principles Of Discrimination Law In Recruitment And Selection, And In Employment

• Indirect discrimination: when you have a rule or policy that applies to everyone but disadvantages a person with a protected characteristic.

These mediation proceedings are not conducted under oath, do not follow traditional rules of evidence and are not limited to developing the facts. Mediators are expected to draw out the parties' perceptions and feelings about the events that have brought them into conflict. It also encourages parties to acknowledge

1. 1 Legal and organizational requirements on equality, diversity, discrimination, rights , confidentiality and sharing of information in relation to managing and developing yourself and your workforce

In a perfect world, people would be equal in rights, opportunities, and responsibilities, despite their race or gender. In the world we live in, however, we always face all kinds of neglect based on different attributes. All over the United States, certain people treat others with prejudice because of particular features they possess. Unfortunately, prejudice and discrimination occur even in places which, by definition, should be free of all personal prejudices – specifically, in offices and other business surroundings. This tragedy is called workplace discrimination; not every unfair behavior at work, however, can be assessed as discrimination. Discrimination in the workplace happens when an employee experiences unfair treatment due to their race, gender, age, religion, marital status, national origin, disability or veteran status, or other characteristics. Discrimination is one of the largest issues people face in the workplace and it must be dealt with. The U.S. have laws and regulations on discrimination but it still often occurs. Workplace discrimination appears in hiring, training, promotion, firing, and other institutional or interpersonal treatment. Discrimination sometimes causes an employee to leave or quit the workplace, resign from a position, or in more severe cases, to commit suicide or act violently against the discriminators. Discrimination is one of the largest issues many people face in the workplace.

1- Chalabi, M. (2014, March 28). Three leagues, 92 teams and one Black Principal Owner. Retrieved August 27, 2015 from

1. Explain which legislation and codes of practice relating to equality, diversity and discrimination apply to own role.

Depending on the cause of action and the value of the case, Employment disputes can be commenced in one of three courts;

One can imagine how expensive just the legal fees in a case become after many months of arguing. In contrast, mediation may cost a few thousand dollars. During mediation, a mediator will help the parties negotiate a settlement agreement that resolves their case. Mediation may resolve the case in just one day, allowing the parties to move on months earlier than if they had waited for a trial.

The three most important laws that regulate discrimination in employment are The Civil Rights Act, Age Discrimination in Employment Act, and the American with Disabilities Act (Heneman, Judge, & Kammeyer, 2012). The Civil Rights Act was established in 1964 but was amended in 1991 and covers discrimination of race, color, and religion, sex or national origin, in addition the law prohibits segregation of any kind in regards to employment. This includes have pre employments screenings or test that negative impacts a particular group. The Age Discrimination Act prohibits discrimination against employee due to the their age; it is illegal to refused to hire, fire, or deny promotion because of their age as well as it is illegal to based compensation

Part 1: What are the three basic elements of discrimination in employment? Why is each element necessary to the definition?

The discrimination of older people in the work force is alive and well, for those older than 40 it can be especially challenging to find new jobs or move up in a company. This is a form of ageism, or the systematic discrimination against persons of an older age group. Members of the Baby Boomer generation have felt the worst of ageism, many of them who have reached retirement age are still looking employment due to the economic hardships they faced during the Great Recession. Of course, there are laws against ageism in the work place, but as University of Houston law professor Andrew Achenbaum says “Proving you were passed over because of your age is devilishly difficult, and the EEOC has a large backlog of complaints that it hasn’t had the

Companies will often use discrimination and prejudice in their hiring process. In the provided example the pizza store owner Jack uses statistical discrimination twice. Once when he first meets the candidate, Shawn Bender, and again when he enters Shawn into the insurance company’s computer. Two common forms of prejudice and discrimination that are present in the example are against Shawn Bender’s race and gender. If based on the computer print-out alone it would not be rational for Jack to higher Shawn, however one should not use statistical discrimination when considering hiring an individual.

Indirect discrimination will occur where a person imposes a requirement, condition or practice that has the effect of disadvantaging people with a protected attribute, and that is not reasonable.

Throughout the years there has been many definitions of mediation. Nevertheless one the most acceptable definition of mediation refers to this procedure as a “…process in which the participants, with the support of a mediator, identify issues, develop options, consider alternatives and make decisions about future actions…” . They also described mediators as the third party assisting the participants in reaching their decision. This process should form a part of the pre-trial civil litigation process as its advantages on the legal system and the community outweigh its disadvantages. The distinguishing models of mediation make it a suitable approach for all or most civil cases.

“Mediation is a process in which a third party attempts to resolve a conflict by fostering an agreement acceptable to both sides, without any prior acceptance or commitment by the parties to the conflict of the mediator's ideas or suggestions” (Ayres, 1997). “Third parties mediate based on their desire to make peace, and their own self-interest. Self-interest is the primary motivation for states. States are motivated by both defensive and offensive interests” (Zartman&Touval 1996).