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15 Cards in this Set

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  • Back
What is discrimination?
Treating one set of people less favourably than you treat or would treat others - DIRECT discrimination.
INDIRECT discrimination is where you apply conditionsequally to everyone, but because of sex or race, one group of people cannot comply with the condition, or only very few of those people can comply.
Where should someone go if they have a complaint about discrimination?
An employment tribunal for employment cases.

The county court for other complaints.
How does the Sex Discrimination Act 1975 affect employers?
Sexual discrimination affects men and women equally. Therefore the same criteria must be applied for men as well as women.
~ Once it has been shown that treatment to an employee was, on the face of it, discriminatory, the employer then has to prove that the reason for the treatment was not SD.
When can exceptions to the Sex Discrimination Act 1975 be used?
~ Owner occupiers of property who are selling/letting (as long as they do not use an agent).
~ Small residential premises if the owner occupier lives permenently in the accommodation. Should be no more than 2 households or 6 people.
~ Single sex housing associations.
What does the Race Relations Act 1976 embody?
This act makes it unlawful to discriminate on racial grounds.

RACE, COLOUR, NATIONALITY, ETHNIC/NATIONAL ORIGINS
and RELIGION AND BELIEF in 2003

Again direct discrimination and indirect discrimination apply.

Exceptions for small residential premises follows the same criteria.
For the purposes of the Disability Discrimination Act 2005 how are people who have a disability defined?
People have a disability if they have a physical/ mental impairment which has substantial and long term adverse effect on their ability to carry out normal day-to day activities.
What does Part M of the Building Regulations state?
This requires access for disabled people to be built into the initail design.
What are the exemptions from the provisions of the Disability Discrimination Act 2005?
~ Existing residential property does not have to be altered to comply with the new regulations.
~ Private sales and lettings property and small dwellings are exempt
~ For employment provisions the Act does not apply to firms with fewer than 15 employees.
What behaviour is prohibited under the Disability discrimination Act 2005?
~ refusing to let a property to a disabled person
~ offering the letting of the premises on less favourable terms
~ less favourable treatment of a disabled person in relation to any list of property available
~ limitations in the way a disabled person is permitted to make use of any benefits or facilities
~ refusing to allow a disabled person to use such facilities
~ evicting a disabled person or subjecting to detriment
In 2004 what steps were taken to assist disabled people and access to premises?
From 2004 REASONABLE adaptations have to be made to afford physical access to premises for disabled people.
~ WALKING, SIGHT, HEARING DIFFICULTIES
How are reasonable adaptations defined under the Disability Discrimination Act 2005?
Reasonable adaptations are those which can be physically accommodated within the unit controlled and are not prohibitively expensive.
What 3 possibilities are suggested where there are physical barriers to access for diabled people?
~ removal/ alteration of the physical feature
~ provision of some means of avoiding the physical barrier
~ provision of reasonable alternative means of delivery of the service
What should an individual do where discrimination is taking place in employment?
~ Seek help from various assistance agencies e.g. Trade Union, Citizens Advice Bureau
~ If the individual wishes to pursue a case then the case must be brought to the employment tribunal within 3 months.
What should an individual do where discrimination is about goods or services?
~ Seek help from various assistance agencies e.g. Trade Union, Citizens Advice Bureau
~ If the individual wishes to pursue a case it must be brought before a County Court within 6 months.
What can Agencies do to minimise the possibility of discrimination occuring?
PROCEEDURES
All employees need to be involved in these proceedures because employers are VICARIOUSLY liable for employees whilst conducting their work.
~ staff training
~ complaints proceedure
~ clause in contract of employment covering disciplinary proceedure
~ a statement of disciplinary action if a breach occurs
~ a policy statement about not acting for LL who discriminate