Identify The Main Principles Of Discrimination Law In Recruitment And Selection, And In Employment

These mediation proceedings are not conducted under oath, do not follow traditional rules of evidence and are not limited to developing the facts. Mediators are expected to draw out the parties' perceptions and feelings about the events that have brought them into conflict. It also encourages parties to acknowledge

Sexual harassment is considered to be a form of sex discrimination under Title VII of the Civil Rights Act of 1964, which applies to all U.S. employers with 15 or more employees (some state laws may provide additional worker protections). Anyone affected by the offensive conduct in question, not just the person to whom it is directed, may be a victim.

• Indirect discrimination: when you have a rule or policy that applies to everyone but disadvantages a person with a protected characteristic.

indirect discrimination is being prejudice or even mock a person or an group of people, this is harder to prove because this type

One can imagine how expensive just the legal fees in a case become after many months of arguing. In contrast, mediation may cost a few thousand dollars. During mediation, a mediator will help the parties negotiate a settlement agreement that resolves their case. Mediation may resolve the case in just one day, allowing the parties to move on months earlier than if they had waited for a trial.

1- Chalabi, M. (2014, March 28). Three leagues, 92 teams and one Black Principal Owner. Retrieved August 27, 2015 from

Depending on the cause of action and the value of the case, Employment disputes can be commenced in one of three courts;

The three most important laws that regulate discrimination in employment are The Civil Rights Act, Age Discrimination in Employment Act, and the American with Disabilities Act (Heneman, Judge, & Kammeyer, 2012). The Civil Rights Act was established in 1964 but was amended in 1991 and covers discrimination of race, color, and religion, sex or national origin, in addition the law prohibits segregation of any kind in regards to employment. This includes have pre employments screenings or test that negative impacts a particular group. The Age Discrimination Act prohibits discrimination against employee due to the their age; it is illegal to refused to hire, fire, or deny promotion because of their age as well as it is illegal to based compensation

Companies will often use discrimination and prejudice in their hiring process. In the provided example the pizza store owner Jack uses statistical discrimination twice. Once when he first meets the candidate, Shawn Bender, and again when he enters Shawn into the insurance company’s computer. Two common forms of prejudice and discrimination that are present in the example are against Shawn Bender’s race and gender. If based on the computer print-out alone it would not be rational for Jack to higher Shawn, however one should not use statistical discrimination when considering hiring an individual.

Throughout the years there has been many definitions of mediation. Nevertheless one the most acceptable definition of mediation refers to this procedure as a “…process in which the participants, with the support of a mediator, identify issues, develop options, consider alternatives and make decisions about future actions…” . They also described mediators as the third party assisting the participants in reaching their decision. This process should form a part of the pre-trial civil litigation process as its advantages on the legal system and the community outweigh its disadvantages. The distinguishing models of mediation make it a suitable approach for all or most civil cases.

1. Explain which legislation and codes of practice relating to equality, diversity and discrimination apply to own role.

Part 1: What are the three basic elements of discrimination in employment? Why is each element necessary to the definition?

The discrimination of older people in the work force is alive and well, for those older than 40 it can be especially challenging to find new jobs or move up in a company. This is a form of ageism, or the systematic discrimination against persons of an older age group. Members of the Baby Boomer generation have felt the worst of ageism, many of them who have reached retirement age are still looking employment due to the economic hardships they faced during the Great Recession. Of course, there are laws against ageism in the work place, but as University of Houston law professor Andrew Achenbaum says “Proving you were passed over because of your age is devilishly difficult, and the EEOC has a large backlog of complaints that it hasn’t had the

Indirect discrimination will occur where a person imposes a requirement, condition or practice that has the effect of disadvantaging people with a protected attribute, and that is not reasonable.

     Alternative Dispute Resolution or ADR refers to a number of various processes that can be used to resolve legal disputes other than by litigation. Recently, methods of dispute resolution which focus on arbitration, mediation and negotiation as an alternative to adjudication have gained notoriety. This notoriety may have been caused by the public perception that ADR methods are less expensive, more efficient, and more satisfactory than the normal traditional course of litigation. The goals of establishing these processes to resolve disputes as an alternative to more formal legal processes include: 1) to make the regular court system more efficient, less costly and more responsive to the needs of the litigants;