How is discrimination defined?
Discrimination means being treated differently than others because of one’s status in a protected category such as race, color, religion, sex, national origin, age, or disability. Discrimination is unlawful in employment, housing, services offered by private businesses, service provided by public entities, and lending.
Discrimination simply means judging someone by their race, gender, religion, sexuality, age, etc – instead of judging them for their competence. If you apply for a job where you are the most qualified candidate, but you do not get the job because you are gay, then you are being discriminated against. This kind of discrimination, which we can call authentic discrimination, is something that has no place in an evolved society and legislation should make sure that this kind of action is illegal. Nowadays we sometimes hear the claim that women are being discriminated against because they don’t have as many positions of power in the public sphere as men do. As we all know, women are generally underrepresented in corporate management, political positions and leadership positions in general. However, we cannot automatically draw the conclusion that women are being discriminated against simply because there are more men in these domains! Doing so represents an incorrect use of the word discrim
Unlawful discrimination, in this context, may take the following forms: • direct discrimination • disability-related discrimination which is unjustified • failure to make a reasonable adjustment (after 4 December 2006) • victimisation (which can also apply to non disabled persons). It is also unlawful to subject a disabled councillor to harassment in connection with his carrying out of official business. Each of these concepts is given the same meaning as that which applies in the employment field; the DRC’s Code of Practice on Employment and Occupation provides further details and will be relevant when considering the new provisions for councillors.
Essentially discrimination can arise in two ways. First and foremost, it will occur when an Employer, for a reason relating to a disabled Employee’s disability, treats that Employee less favourably than he would another Employee to whom the reason does not, or would not apply. This would cover the situation where an Employer refuses to offer a job to the best candidate simply because he or she is a person with a disability. Second, discrimination can also arise indirectly where an Employer is in breach of his duty to make “reasonable adjustments” to “work arrangements” and the “physical features of premises” so as to accommodate disabled persons. Such a duty is imposed where particular arrangements made by an Employer place a disabled person at a substantial disadvantage in comparison with other Employees who are not disabled. These particular arrangements relate to the manner in which Employees are recruited and the terms on which employment is offered. Much will depend on the facts o
