12/26/2023 0 Comments Equal opportunity actUnfortunately, this definition doesn’t define each and every situation where discrimination may or may not occur. “An employer that pledges to not discriminate against employees based on race, color, religion, sex, national origin, age, disability or genetic information.” 1 But what does it mean?ĭictionaries differ, but one possible definition of the phrase, based on federal regulations, is: The seventh status ground under the act is that of disability, which under the act refers to total or partial loss of bodily function total or partial loss of a part of the body malfunction of a part of the body including a mental or psychological disease or disorder or malformation or disfigurement of part of the body.The phrase “equal opportunity employer” is often used in job descriptions or at the top of the careers section of a company’s website. The act does not include cohabitational relationships, or what we refer to as common law relationships, but recommendations have been made for amendments to the act to include same. Marital status under the act refers to being single, married, married but living separately and apart from one’s spouse, divorced or widowed. However, since religion is not specifically defined, “non-religion” as a form of religion would be a matter for adjudication. This speaks to the absence of any religious beliefs, eg atheism. It may be defined as either religious or spiritual belief of preference, regardless of whether or not this belief is represented by an organised group, or affiliation with an organised group having specific religious or spiritual tenets.Įqual opportunity legislation in other jurisdictions specifically include “non-religion” as part of religion. Religion is not defined under the act, but speaks to the worship of a supreme being or divine entity. Geographical origin discrimination is unfavourable treatment towards someone because of their actual or perceived place of birth, country of origin, ancestry, native language, accent etc. Origin is not specifically defined under the act but includes geographical/national and familial origin. A member of one race cannot join another race, but a member of one ethnicity can join another ethnicity. In other words, race is considered a biological classification which can sometimes be determined by a person’s physical appearance, while ethnicity is considered to be a cultural identity, which can sometimes be determined, for example, by a person’s manner of dressing. Ethnicity refers to the origin, characteristics, classification and distinctive cultural or aesthetic traditions of a group of people. Race in relation to a person means a group of people of common ethnic origin, colour or of mixed race. However, under the act they have very specific meanings. Race and ethnicity are often used interchangeably. The commission has made recommendations for amendments to the act to include sexual orientation as a recognised status ground. Gender, however, is not a recognised status ground under the act. This should be differentiated from gender, which refers to characteristics that are socially constructed, eg norms, roles and behaviours associated with being male or female. Sex discrimination refers to the differential treatment between men and women. Sex under the act refers to male or female and does not include sexual preference or orientation it therefore refers to the biological and physiological characteristics that define male and female, eg reproductive organs. What exactly does each status ground cover? Less favourable treatment towards an individual based on any of these specified grounds would be considered discrimination under the act and is against the law. A complaint to the Equal Opportunity Commission can contain one or more status grounds, based on the nature of the matter. The act covers seven status grounds under which a person can be treated less favourably: sex, race, ethnicity, origin, including geographic origin, religion, marital status and disability. THE WORD status can have many meanings, but exactly what does it mean under the Equal Opportunity Act? Status refers to characteristics inherent to an individual and discrimination against individuals based on these protected characteristics is contrary to the act. Commentary Status under Equal Opportunity Act
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |