DIRECT AND INDIRECT DISCRIMINATION

Direct and Indirect Discrimination

Direct and Indirect Discrimination

This paper critically discusses the following statement illustrating how 'Equality legislation' impacts on Service Users lives.

“Social Work is empowered, guided and controlled by its legal mandate”. (Roberts & Preston - Shoot, 2000 p183).

Law is fundamental in social work practice as social workers help people to empower through the support of the law. Brammer (2003) argues empower means giving authorization or giving power to an individual. Social workers employed in local government were effectively created by the Local Authority Social Services Act 1970. Almond (2000) the LLSA establishes the overall framework for the provision by the local authority of social services, but it is not precise about the particular way it should be organized. However, in detailed depth duties, responsibilities are powers are found in other appropriate acts such as Children Act 1989, the Children Act 2004, or the Mental Health Act 1983.

There is a strong relationship between equality law and social work practice as the law gives social workers power to fulfil their duty. Satzman & Furman (1999) argues the legal mandate which empowers social workers to work according to Anti Oppressive Practice (A.O.P.).Social justice, Care Vs Control, Discourse and Advocate. A.O.P. recognizes the differences between individuals need, culture, beliefs, and race. The principle of anti discriminatory is required and is very important within social work practice as it has a positive impact on service users because it allows social workers to identify service users who may have experienced social deprivation due to their disability. Also Brammer argues it is vital for a social worker to understand that the main beliefs of anti-discriminatory practice go further than the grouping of discrimination recognized in the Sex discrimination Act 1975, the Race Relations Act 1976, and the Disability Discrimination Act 1995.

There are two types of discrimination direct discrimination and in direct discrimination. Dolgoff et al (2009) stresses direct discrimination is less favourable on the grounds of race, sex, disability for example if a service user whose first language was not English and due to this was informed by local Council that they cannot offer any support because all the social workers speak in English only. Indirect discrimination occurs where the effect of certain requirements, conditions or practices imposed by an employer or education provider has an adverse impact disproportionately on one group or other. Also indirect discrimination generally occurs when a rule or condition, which is applied equally to everyone, can be met by considerably smaller proportion of people from a particular group to their disadvantage and it cannot be justified. For example a children's play group may welcome children from different ethnicity groups, but in the same time may exclude children from the ethnicity group from the material they use i.e. from books, advertising and etc.

Also Satzman & Furman stress social justice is a legal mandate which gives social workers authorization to elaborate in the principles of equality and fairness. Individual are protected and are not discriminated against ...