UNIT-II
DISCRIMINATION
Prof. Sajid Jamal
Department of Education
AMU, Aligarh
Meaning of Discrimination
Discrimination is defined as distinguishing differences
between things or treating someone as inferior based
on their race, sex, national origin, age or other
characteristics.
Discrimination is the act of making distinctions
between human beings based on the groups, classes, or
other categories to which they are perceived to belong.
For example a company refuses to hire women
because they are women
Positive and negative discrimination.
Protected Characteristics
Age
Disability
Gender reassignment
Marriage and civil partnership
Pregnancy and maternity
Race
Religion or belief
Sex
Sexual orientation
Types of Discrimination
1) Direct discrimination
There are three different types of direct discrimination.
a) Direct discrimination occurs when a person is treated less favourably because
of:
a) A protected characteristic they possess. This is ordinary direct discrimination. It
is the only type of direct discrimination which may be lawful, but only if it is
‘objectively justifiable’.
b) A protected characteristic possessed by someone who they are associated with
(such as a member of their family or a colleague). This is direct discrimination by
association.
c) A protected characteristic they are thought to possess, regardless of whether the
perception is correct or not. This is direct discrimination by perception.
Although there is normally a deliberate act or exclusion, direct discrimination
does not have to be intentional. This means that even if discrimination occurred
unintentionally, a claim can still succeed.
Contd…….
2) Indirect discrimination
Indirect discrimination is usually less obvious than direct discrimination and is
normally unintended. Generally speaking, it occurs when a rule or plan of
some sort is put into place which applies to everyone; and is not in itself
discriminatory but it could put those with a certain protected characteristic at a
disadvantage.
In law, it is where a ‘provision, criterion or practice’ (PCP) involves the
following four things:
a) The ‘PCP’ is applied equally to a group of people, only some of whom share the
protected characteristic
b) It has (or will have) the effect of putting those who share the protected
characteristic at a particular disadvantage when compared to others who do not
have the characteristic
c) It puts, or would put, the person at that disadvantage
d) The employer is unable to objectively justify it.
Contd….
3) Harassment
Harassment is ‘unwanted conduct’ related to a protected
characteristic. It must have the purpose or effect of violating a
person’s dignity or creating an intimidating, hostile, degrading,
humiliating or offensive environment for them.
Bullying, nicknames, gossip, intrusive or inappropriate questions
and comments can be harassment.
Excluding someone (not inviting them to meetings or events) may
also qualify. To say the behaviour was not meant to cause offence
or was ‘banter’, is not a defence.
With harassment, how the victim sees the conduct is more
important than how the harasser sees it. Someone who witnesses
this type of conduct can claim harassment if it has had a negative
impact on their dignity at work, even if they do not share the
characteristic as the colleague who was harassed.
Contd……
4) Victimisation
Victimisation occurs when someone suffers a ‘detriment’ because
they have done (or because it is suspected that they have done or
may do) one of the following things in good faith:
Make an allegation of discrimination
Support a complaint of discrimination
Give evidence relating to a complaint about discrimination
Raise a grievance concerning equality or discrimination
A ‘detriment’ can include a loss, disadvantage, damage or harm.
For example, being labelled a ‘troublemaker’, being left out and
ignored, being denied training or promotion, or being made
redundant.
Discrimination in Schools
As a teacher you should know:
why someone is being treated unfairly - unfair treatment
only counts as unlawful discrimination if it's for certain
reasons
who is treating someone unfairly - unfair treatment only
counts as unlawful discrimination if it's carried out by
certain people
what's the unfair treatment someone has experienced -
only certain types of behaviour count as unlawful
discrimination
how much is the treatment unfair - there are different
types of unlawful discrimination.
How to Prevent Discrimination ?
Respect cultural and racial differences in the schools.
Be professional in conduct and speech.
Refuse to initiate, participate, or condone discrimination and
harassment.
Avoid race-based or culturally offensive humour or pranks. When
in doubt, leave it outside the school.
Familiarize yourself with the law, policies and act responsibly.
Be pro-active. Report incidents of inappropriate, discriminatory,
harassing or abusive behaviour to your principal.
If you experience or witness discrimination or harassment contact
the law enforcing agencies.
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