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True Meaning of Equality
Discrimination is an act of treating an individual with less favor, because of some status or characteristics they have or can also be believed to have. Discrimination can be based on various status of an individual, which include race, tribe, ethic group, religion, culture and traditional practices among others. There are two types of discrimination, which are direct and indirect discrimination. Direct discrimination is where an individual is treated with less favor than other because of the status they are believed to have or they already have, relative to sex orientation, race or gender.
On the other hand, indirect discrimination is where there is an approach adopted, which appears to be neutral. However, this is still regarded as a form of discrimination as it favors other individuals in the society more than others. For instance, an organization that only employs individuals with certain physical characteristics discriminates on individuals who do not qualify for the requirements. Therefore, discrimination leads to some kind of selection in the society, and can be found to create division among individuals working to achieve the same mission of building the nation (Creighton & Stewart, 2011, 78).
Discrimination has been defined by the Human Rights and Discrimination Bill as treating an individual unfavorably based on an attribute that is protected. The Bill also describes discrimination as a policy that is imposed, and has adverse impacts on individuals considered to have an attribute that is protected. This has been found to immensely influence individuals in the society negatively, as it has been found to be disadvantaging.
Discriminating individuals in the society because of their physical inability has been found to be unlawful, as it creates an unfavorable environment to individuals who need to work, and have the ability, relative to skills and knowledge, but fail to be productive because of physical characteristics. Therefore, measures should be undertaken to ensure that individuals who are disabled in the society are also given various opportunities in the society to help in nation building and development (Wheelright, 2003, 25).
Inadequacies of Common Law
Discrimination has been a major concern in the society, as individuals from diverse communities have been found to be affected. There are laws that govern discrimination, and have been based on anti-corruption policies. However, research indicates that, there are some inadequacies in the common laws of the nation relative to discrimination practices in diverse organizations.
Anti-discrimination has been found to have diverse ways of interpretation, as every individual in the society has their own way of understanding issues related to discrimination. This has made anti-discrimination laws so complex, as decision making involves a number of individuals sitting and discussing on major issues, as well as implementing relevant measures (Price, 2009, 15).
Anti-discrimination measures have been found to be dependent on views provided by the decision makers in the nation. However, this has to be considerate of every individuals notion on issues related to discrimination, which makes it difficult to implement laws of anti-discrimination that are adequate.
Employee Relations Law has some of its significant aspects as dignity of employees, fairness at work and social inclusion of employees in diverse departments. Laws that have been implemented on discrimination have been found to play an important role in ensuring that primary objectives of the Law have been attained (Price, 2009, 20).
However, inadequacies of the common law have made it difficult to deal with issues related to discrimination in the workplace efficiently. The law governing behavior that is considered as discriminatory between employers and employees has now become so complex, so difficult for employers and employees to understand, and so hard for courts and tribunals to explain and apply that there is a serious question as to whether it would not be better for all concerned if it was restricted to the operation of the common law and to statutory provisions prohibiting direct discrimination in relation to employment.
This is based on the concept that, some discrimination measures applied in the organization are aimed at enhancing organization performance and effectiveness. This makes it more difficult to implement policies against discrimination in this case, which becomes an issue of major concern in the society. Therefore, rules based on anti-discrimination measures are difficult to implement as some policies influence the organization and nation processes of growth and development positively (Pittard and Naughton, 2010, 5).
International & Australian Standards
International and Australian Standards have implemented rules and regulations to act as a guideline to the state employment, federal and common law, as a result of inadequacies of the common law. These laws are aimed at ensuring there is equality in the workplace as well as among individuals in the society.
These laws govern various form of discrimination including age discrimination, racial discrimination, disability discrimination and sex discrimination among others. These laws have been found to be inadequate, and in some instances, there have been cases of discrimination among individuals from diverse communities in Australia. Research indicates that male persons have been given more chances of work than the female persons in some Australian companies. This can be based on the notion that, male employees work up to late hours in cases of emergency. However, this should not form the basis of discrimination among employees based on gender (Collins, 2003, 18).
Therefore, there should be implementation of more strict regulations to govern operations undertaken by individuals in diverse organizations in any nation. This will help in ensuring there is equality and no discrimination in employment promotions in the workplace. This will also allow variance in the level of operation in the organization.
Regulatory Framework
There is a difference that exists between the State, Federal, FW Act, and Human Rights Laws relative to anti-discrimination laws in the society and at the workplace. This is based on the notion that, individuals from different organizations will have diverse views on the laws to be implemented relative to anti-discrimination. This forms the main difference between the laws implemented (Fredman, 2011, 58).
Federal laws have been found to prohibit discrimination based on age, sex, disability, race, medical record, mental, psychiatric disability, impairment, nationality, marital status, and sexual preference among others. This has helped in ensuring that individuals working in diverse departments in various organizations are not discriminated.
State laws on the other hand prohibit discrimination based on race, gender, sexual orientation, marital status, pregnancy, disability and age among others. There is also prohibited discrimination based on the notion that one is a friend to someone with the same characteristic. This has helped in improving the social life of individuals in diverse communities in the community (Owens and Riley, 2012, 69).
However, these laws have been found to cover a greater extent, as it helps in ensuring that individuals from diverse communities learn to live together without necessarily having to be from the same race, ethnic backgrounds, tradition, religion and cultural practices among others. This has also enabled unity among individuals.
The laws enacted on discrimination in the workplace has been found to be effective in ensuring that individuals at diverse levels of operations in the organization relate well and work together to achieve the primary goals and objectives of the organization. This has also helped in ensuring there is corporation among employees, and customer requirements are attained and services delivered immediately there is a need (Sappideen, 2011, 74).
There are some exceptions or allowances for discrimination are having been considered as being relevant cases in the workplace. This includes instances where an employer has implemented new schemes in the company, aimed at improving issues related to equality in the company.
The other exceptions include cases where an organization based on religious practices has to conform to its beliefs by engaging in some practices. This is aimed at ensuring that the company operates under the specifications of the company laws and regulations as well as religious practices, which will enable the organization to meet various requirements of the society. Research indicates that, most instances where the company has to conform to these practices include where individuals in the society follow specific religious, cultural practices and beliefs (Stewart, 2013, 14).
Prohibited Conduct
There is a prohibited code of conduct in the workplace, which related to issues like recruitment, selection, treatment conditions and promotion among others. An employer is prohibited from dismissing an employee from work or lowering their positions as a result of discrimination.
During the selection process, which leads to recruitment and employment, the company directors are expected to be fair and just to ensure there is discrimination of any kind in the selection process. Individuals to be employed in the company should not be selected on the basis of race, ethnic group, culture, tradition and religious backgrounds. Individuals from diverse communities should be given fair treatment, and offered job opportunities based on the same rules and regulations (Wheelright, 2003, 56).
There are laws in diverse organization to help in governing issues related to promotion in the company. This is based on the notion that, promotion levels, should be based on the knowledge and skills as well as expertise of an individual in a particular field and not friendship and relationship status of the employees to the employer.
Prohibited Grounds
There are also diverse grounds that are prohibited relative to activities based on discrimination in an organization. Political opinions should not from the basis of discrimination among individual from diverse communities and in the organization. This is based on the concept that, individuals from diverse communities have diversified opinions on political grounds, and their suggestions should be regarded as essential as other persons suggestions in the organization (Van der Waarden, 2010, 45).
This will help in ensuring there is fair treatment and motivation to employees for work. Motivating the employees will help in improving organization performance and enhancing the quality of production in diverse departments. This will help in facilitating quality production and ensuring that customer requirements in the society have been attained successfully. This will also help in ensuring that the laid down goals and objectives of the organization have been achieved.
Religious grounds of an individual should be handled keenly in an organization, as this should not form the basis of discrimination. This is based on the concept that, individuals working in diverse departments in an organization have different religious beliefs and practices, and should not be discriminated based on the same. Religious backgrounds have less influence of the activities being undertaken by individuals in diverse departments and should not be considered a major issue of concern (Van der Waarden, 2010, 54).
There are diverse causes of discriminatory acts in the workplace as well as among individuals in the society. These acts include vilification, victimization, bullying and harassment among others. Despite the fact that these acts take place in the workplace, discrimination practices should not be implemented.
Research indicates that, some instances of discrimination have been experienced where employees complain about the practices and the management of the organization. In this case, the top managers are found discriminating on these employees, where in some cases, the employees end up loosing their positions in the workplace (Van der Waarden, 2010, 60).
Regulated causes of action leading to discrimination should be considered a major concern in the workplace, as this helps in reducing instances of joblessness and inefficiency in organization operations. There should be implementation of measures to ensure that the top managers as well as the human resources managers work together in ensuring there is no discrimination of any kind in the company.
The government should also enact laws and regulations that will help as guidelines in various operations undertaken in the organizations. This will help in ensuring there are reduced cases of discrimination, and effectiveness is attained in diverse fields. In this case, processes involved in growth and development will be promoted and the standards of living among individuals in the society will also improve (Sappideen, 2011, 76).
General Purpose
Equality should be promoted in all spheres of life, which will help in enhancing quality performance and unity among individuals in the society. In consolidating laws related to discrimination in the society, the nation will be able to attain its objectives, and unite individuals from diverse communities.
These laws will also help in ensuring that different organizations in the nation work together in ensuring that quality performance is attained, and requirements of individuals from diverse communities and religious backgrounds have been achieved. This will also enhance trade and improvement in operations undertaken in the global market, which will enhance unity of diverse nations in the world (Sappideen, 2011, 80).
Equality in any organization and among individuals from diverse departments should be promoted at all cost. This will help in ensuring that unity is promoted, which will help in enhancing sharing of ideas and knowledge in the nation. Equality will also help in enhancing organization quality of products and services as there will be diversity in knowledge and skills available in the company.
The role of the court in dealing with discrimination is to ensure there is equality in diverse operations undertaken in various organizations, society and the nation. This has been attained by ensuring there are rules and regulations governing various operations in the company, relative to discrimination (Sappideen, 2011, 87).
The court has to ensure that measures are implemented to ensure that discrimination has been dealt with in diverse organizations. These measures have to ensure there is punishment to company managers who are found to operate under schemes of discrimination. This will help to manage issues related to equality in the society.
Interpretation of anti-discrimination has been found to be different from one organization to another, as there is existence of diversity of views from one individual to the other. This has led to anti-discrimination laws being complex to interpret and implement. Therefore, this has led to major concerns in the society relative to dealing with issues based on discrimination in diverse organizations.
Different views of the court have affected many organizations and individuals working in diverse departments in an organization. This is based on the notion that, some views may support discrimination at lower levels, which can influence operations at different departments in the organization.
This can be found to be challenging in some instances, as some views can be found to be based on religious background and cultural practices undertaken in the nation. This influences productivity of the company, as well as processes involved in growth and development of the nation.
The Jewish people keep the Sabbath day holy, and having to work till Saturday interferes with their religious program. This becomes unfair to individuals in the Jewish religion, which can also be termed as a form of discrimination. Therefore, measures should be implemented to ensure that religious grounds are not interfered with, in any society.
Reference List
Collins, H., 2003. Employment Law. Oxford: Oxford University Press.
Creighton, B. & Stewart, A., 2011. Labour Law: An Introduction, 5th edn. Federation Press.
Fredman, S., 2011. Discrimination Law. Oxford: Oxford University Press.
Owens, R. and Riley, J., 2012. The Law of Work, 2nd edn. Oxford.
Pittard, M. and Naughton, R. 2010. Australian Labour Law, 5th edn. Lexis Nexis.
Price, S., 2009. Employment Law in Principle, 3rd edn, Lawbook: Thomson Reuters.
Sappideen, C., et. al., 2011. Macken`s Law of Employment, 7th edn. Thomson Reuters.
Stewart, A., 2013. Stewart`s Guide to Employment Law, 4th edn. ISBN: Federation Press.
Van der Waarden, N., 2010 Employment Law, 2nd edn, Lexis Nexis..
Wheelwright, K., 2003. Labour Law, 2nd edn. Butterworths: Lexis Nexis.

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