History of Discrimination From Legislation to the Essay

Excerpt from Essay :

History Of Discrimination From Legislation to the Present Day

There are various form of discrimination that have been in existence over the decades, racism is just one of the oldest and most prevailing kind of discrimination. Racism is the belief that a race of people is inferior to another. Various practices in the U.S. are seen to be motivated by racism and these include the slave trade where humans are treated as property that is disposable, without any rights and privileges. It was mainly practiced in southern U.S. until the civil war when it was outlawed by the 13th amendment. Job discrimination is also widespread and involves exclusion of people from jobs due to their race which was outlawed on a national level in 1964.segregaton in public places, schools, sports and other places was also in existence but was outlawed in 1964. Denial of voting rights like literacy tests, poll taxes was also in existence. After the civil wars it was very difficult for black people to vote because some literacy tests and obstacles were selectively imposed. The voting rights act saw this being outlawed in 1964 and 1965. Today, discrimination still exists but there is no dispute over how influential and pervasive it is. High rates of unemployment and poverty among blacks and other minority groups is a strong indication that racism is quite powerful today. Today, racial discrimination in places of work are still common; therefore we can say that discrimination is still rampant today as it was in the early days.

1.2 legislative sources, acts and directives that influence anti-discrimination practice in the business application

There are various acts, directives and legislative sources that shape and influence anti-discrimination practice in the business application today. There are some equality and anti-discrimination legislation frameworks which are meant for employee rights when it comes to employment and selection process in businesses. They include Equal Pay Act, Sex Discrimination Act, Disability Discrimination Act, Employee Rights Act, working time regulation, Equality Act and so on. All these Acts are in place and apply in all business environments and have to be followed. The equality act has been very significant when it comes to equality legislation for a long time. It gives people protection from unfair discrimination and makes it easy for companies and employers to understand their responsibilities.

1.3 case studies review to identify key case precedents both in UK, European and International law

The doctrine of judicial precedent is normally based on state decisions which stand by previous decisions; once a point of law is decided in a specific case the law is applicable in all future cases that contain same material facts. There are various cases which identify key case precedents both in UK, European and International law. One example is the case of Donoghue V. Stevenson (1932) AC 562 in which the house of Lords held that manufacturers owed a duty to care to ultimate consumers of the product. This set a precedence that was binding that was followed in Grant v. Australian Knitting Mills (1936)AC 85 in Shav v. DPP (1962) AC 220 apparently setting a precedence that has and still continues to be used across the world ad a reference point and for making major decisions in such like case in industrial dispute courts.

2. Discrimination in workplace

2.1Differentials between deferent types of discrimination (e.g. indirect, direct)

There are different types of discrimination that exist in the workplace today. These include direct discrimination whereby an employer takes an adverse action against an employee as a result of their race, color, sex, age for instance when a person is not hired because they are Muslim Jew. Indirect discrimination is less obvious as compared to direct discrimination. It occurs when the condition, work requirement or practice seems same for all staff but in the real sense disadvantages some people because of various things like their race, disability, sex, color or age. Systemic discrimination is usually widespread and long-term.it happens to various people because of the characteristics they share like, race, sex, age, disability and so on. Normally it is part of workplace policy, culture or practice (Fair work Ombudsman, 2012).

2.2 Explain the burden of proof related to discrimination in the work place and associated remedies

Discrimination within the workplace has an immense impact on the working environment. It can lead to various unpleasant scenarios like employees quitting, misunderstanding between employees, high employee turnover and not being able to get qualified employees and retain them due to the fear of discrimination. Under tittle IV of the Civil Rights there should never be discrimination at workplace, unfortunately in the case where an employer refuses to acknowledge discriminatory acts within his organization, the plaintiff is left with the burden of proof top show that there was actually discrimination. The employers therefore have the onus to ensure that they stop and address any discrimination issue that might come up. They should deal effectively, fairly and quickly with any situation that involves claims of discrimination. Some of the remedies include; having corporate awareness of what makes up discrimination, providing complainant with working environments that are healthy, taking any internal complaint received seriously, communicating to the complainants the actions to be taken in response to the complaint.

2.3 relevance of vicarious liability in discrimination cases within the work place

Vicarious liability means the liability of an employer to a third party for tortious acts of employee which employers impliedly or actually authorizes. For this to hold, the acts have to be committed in the course of employment while an employee is acting in the scope of their authority or performing their employment duties. Vicarious liability is relevant in discrimination cases as it ensures that an appropriate punishment is given to anyone who is involved in any form of discrimination or violent activities even if it was by proxy. It also ensures that justice prevails in many discrimination case that occurs within the organization (NSW Business Chamber, 2012).

Industrial Conflicts

3.1 Describe the historical practice of industrial conflict and how it has developed and changed over the last centuries

Industrial conflict refers to a clash of interests and disputes that come up with varying intensity between different groups, individuals and organizations in industrial relations system. Industrial conflicts have been in existence and they date back to the industrial revolution period. The historical practice of industrial conflict involved basic go slows whenever there was any form of dissatisfaction among employees. Normally they would not be as effective and productive as they used to be until they prove a point. Industrial conflicts have however developed and changed over the last decades. They have now become more severe and take various forms like being either weapons of labor such as strikes, boycotts, picketing, Gherao or weapons of management including lock outs, employers association and termination of service. Cases of industrial conflicts have gone on the rise due to the creation of employee unions that support actions of employees.

3.2 Review legislation relating to industrial conflict and comment on it impact on business

One of the grates legislations relating to industrial conflict is the Industrial Dispute Act 1947 that was passed with the view of removing shortcomings in working trade dispute act 1929. Its purpose was to provide conciliation machinery in order to bring peaceful settlement of industrial disputes. This act has a great impact on business as it ensures peace within the industries always prevails and ameliorates conditions of those working in industries.

3.3 Review the relevant component of the Human Right Act and comment on its influences on industrial conflicts within the work place

Human rights Act is an act that gives effects to rights and freedoms that are guaranteed under the European Convention of human Rights. The act provides that it is unlawful for any public authority to act in any way that contravenes Convention Rights Section Seven and enables anyone with standing to raise action against public authority that has acted or proposed to act in a contravening way from convention. These provisions are important as they protect any unlawful action that can be taken against employees who take part in strikes as a form of fighting for their rights in the workplace.it also gives power to employees when it comes to filing complaints of any form of harassment by employers when it comes to workplace conflicts.

Motivation at Workplace

4.1 Describe the aims and objective of motivational strategies within business applications

Employee motivation means creation of a desire or willingness to perform in ways through which the management wants the work done which is distinct from the work capacity. There are various aims and objectives of motivational strategies including; transformation of the organization to greater heights, building momentum among employees, increase motivation and realization of big future gains as well as making organizational change easy (Naomi, 2009).

4.2 Critically evaluate range of theories related to motivational models and strategies and comment on relevance to specific business application and contexts

There are various motivational theories…

Sources Used in Documents:


NSW Business Chamber.(2012). Vicarious Liability. Retrieved February 12, 2014 from http://www.workplaceinfo.com.au/resources/employment-topics-a-z/vicarious-liability

Naomi, A, L.(2009).Motivational strategies and their impact on productivity. Retrieved February 12,2014 from http://dspace.knust.edu.gh:8080/jspui/bitstream/123456789/4257/1/Aryeetey%20Loretta%20Naomi.pdf

Fair work Ombudsman.(2012).Types of Discrimination. Retrieved February 12, 2014 from http://www.fairwork.gov.au/employment/discrimination/pages/types-of-discrimination.aspx

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