WORKPLACE DISCRIMINATION

Workplace Discrimination & Flexible Labour Markets



Workplace Discrimination & Flexible Labour Markets

Introduction

Since the days of (Thompson 2006 Pp 52), the concept of equality between the citizens of a state has been a major part of the jurisprudence of human rights. It would be ridiculous to say that in all circumstances all men (and women) are equal. It would be wrong to treat an innocent person in the same way that a recently apprehended criminal is treated; it would be incorrect to treat two job applicants as being equal for the purposes of the employment when one was much better qualified than the other. The point of equality is that any differing treatment of individuals should be based on factors that justify that alternative treatment - not on ones which are irrelevant, such as race or gender. To be treated equally with our fellow citizens is a natural right to which we feel entitled by virtue of our being human.

Discussion

"Racial discrimination, and the remediable disadvantages experienced by sections of our community because of their colour or ethnic origins are not only morally unacceptable, not only individual injustices…but also a form of economic and social waste which are as a society cannot afford (Eustace 2006 108-16).”

The idea that people are denied access to employment or a service because of a characteristic completely irrelevant to the job or service wanted offends our sense of natural justice, especially where that characteristic is one that the individual has no choice over, such as gender, race or disability (Thompson 2006 Pp 52). Fenwick talks about such discrimination as "morally unjustifiable". The social contract required that to live peacefully and safely each individual must relinquish a little of his freedom. Our modern law of anti-discrimination follows this pattern - to uphold the fair treatment and equal rights of members of certain groups in our society, other individuals who hold racist or misogynistic opinions must set those beliefs aside when deciding whether to award employment or provide a service.

This general theory of equal treatment of people without regard to irrelevant factors such as race or gender is the mainstay of the need for anti-discrimination legislation. However to answer the question of what underpins our anti-discrimination law with the reply "equality" is to grossly oversimplify the real position of the legislation. As the essay title suggests "equality" and its implementation may be interpreted in many different ways. In the following sections I will explore these different readings of equality, and discuss other principles that should be, could be, or actually are, behind our law in this area.

The Principle of Redress

One principle that underpins our civil law in general, including anti-discrimination law, is the idea of justice and therefore redress of unjust treatment. The three main statutes dealing with discrimination all give opportunity for compensation or other types of remedy following the finding of unlawful discrimination (Brennan 2006 pp 303). In British Gas v. Sharma it was held in relation to this remedy, that the recommendation could not say ...