ANALYSIS OF UNLAWFUL DISCRIMINATION IN THE WORKPLACE
INTRODUCTION
Discrimination is defined as the practice of making unwarranted disparities between people based on the groups, classes, or other categories to which they belong or are thought to belong. Discrimination can occur based on race, gender, age, religion, or sexual orientation, among other factors. Discrimination occurs when individuals or groups are treated unfairly in a way that is worse than other people, based on their actual or perceived membership in certain groups or social categories. It entails denying members of one group access to opportunities or advantages enjoyed by members of another group.
WORKPLACE DISCRIMINATION
Do you know that workplace discrimination and harassment are unlawful in most countries of the world? creating a workplace free from discrimination and harassment is the responsibility of the management.
Employers are responsible for setting the example of what is acceptable in the workplace. Creating a workplace culture where all people are respected, and putting in place appropriate policies may reduce employer liability if inappropriate behaviour happens. Employers need to remember that verbal attacks which harass or hurt an employee can be just as significant as physical threats or attacks. For instance, the Australian federal and state legislation states unlawful discrimination occur when a group of people, individuals are treated less favourably than other person or group of peoples because of their ethnicity, race, colour, sex, marital status, age or disability, religion or sexual preference. Whether you’re a member of a trade union and any other characteristic specified under anti-discrimination or human rights legislation. Workplace discrimination and harassment can occur in employment and selection of staff, training and type of training being offered, being considered for a transfer. Promotion or sacking or workplace condition.
What is defined as unlawful harassment?
Under Australian federal and state legislation unlawful harassment can occur when a person is humiliated because of their race, intimidated, and insulted because of their colour ethnicity, or any other specified characteristic under anti-discrimination or human rights legislation. Workplace harassment can include behaviour such as mailing or submitting sexually explicit or suggestive letters, notes, or emails; the making of derogatory taunts or comments about a person’s religion or race, telling, insulting, and making or jokes about particular racial groups; nude or pornographic posters displayed and asking of questions about a person’s sex life or personal life.
The nature of harassment and or discrimination.
No matter how serious is the incident, whether it be a one-off or prolonged and long-termed, it will still be judged as harassment or discrimination. If left unchecked, the continued harassment will erode the drive and ability of the individual. Or group to eventually affect the overall [performance of their work performance, however, the absence of any formal or verbal complaint is not necessarily any indication that harassment or discrimination is not occurring. in lots of cases, the person or group being harassed or discriminated against will not complain or report the incident in the belief that they will be deemed as wingers or the incident is too trivial. In most cases, the victim of workplace harassment or discrimination is lacking confidence in their ability and has fear of retribution or even worse being dismissed hostile working environment. As an employer, you will also need to be aware of your responsibilities in making the work environment a safe place from a culture of sexual or racial harassment. Both are deemed hostile. An example of a potentially hostile working environment would include the display of nude or pornographic material, swearing, and crude conversations, racially or sex-specific jokes.
What can not be classified as harassment or discrimination?
However, it must be remembered that comments and advice are given by supervisors. Work colleagues and managers on the work performance or the work-related behaviour of an individual or group should not be confused with workplace harassment or discrimination feedback doing normal performance appraisals and work performance meetings will always be deemed as stressful and will in some cases affect the wellbeing of the person or group being appraised.
However, managers and supervisors should always keep these concerns in mind and perform any necessary appraisal with sensitivity without avoiding the need to provide full and frank feedback to their staff.
Legal safeguards
The Indian Constitution has various clauses that provide citizens with certain fundamental rights, including the right to equality.
o Equality before the law is guaranteed by Article 14. o Article 15 bans discrimination by the state based on religion, race, caste, sex, or birthplace.
o Article 16 permits the state to make reservations for backward classes of people in terms of appointment to positions if such classes are deemed underprivileged by the state.
However, these safeguards are only available when prejudice is perpetrated by the state or other governmental bodies, including both central and state government agencies. The affected person can file a writ with the concerned High Court of the State or the Supreme Court if the Government discriminates on any of the grounds listed in Article 15, namely religion, race, caste, sex, and place of birth, through its policies, regulations, or otherwise, including recruitment, promotions, transfers, demotions, and removals.
The Constitution also establishes certain essential tasks, which, while not subject to legal challenge, should ideally be carried out by the government. Part IV of the constitution asks the state to ensure that citizens, men, and women, have equal access to appropriate means of subsistence, shelter, food, education, and employment.
CONCLUSION
To summarise, modern society has achieved significant progress in terms of reducing workplace discrimination, yet numerous instances of unfair treatment demonstrate that the problem has not been overcome. Nonetheless, many businesses have access to the resources they require and have devised effective measures to reduce inequity. Understanding related words are important since it allows an employer to use what they've learned in the workplace and come up with acceptable answers (Abben, Brown, Graupmann, Mockler, & Fernandes, 2013).
This is an extremely significant topic since many businesses fail to recognise the importance of monitoring their employees' conduct, which has serious effects. Future research on this topic is required, and it would be.
REFERENCES
https://studycorgi.com/discrimination-problem-in-the-workplace/ ï‚·
https://blog.ipleaders.in/types-of-discrimination-in-workplace-and-their-legalprotection-inindia/#:~:text=While%2C%20certain%20types%20of%20discrimination,illegal%20in %20the%20private%20sector. ï‚·
https://workplacesforall.vermont.gov/about/what-workplace-discrimination