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This form of discrimination occurs where an employer does not intend to discriminate; to the contrary, it occurs when identical standards or procedures are applied to everyone, despite the fact that they lead to a substantial difference in employment outcomes for the members of a particular group and they are unrelated to successful job ...
Ms Edwards, a single parent, could not keep up child care after the Underground altered its shift system. She had worked as a train driver for ten years. The Tribunal held that they could have ‘easily, without losing the objectives of their plan and reorganisation, accommodated the applicant who was a long-serving employee…
It is the role of the judge, not the jury, to determine whether the plaintiff has stated a prima facie case. [12] Employer's burden of production: To rebut the inference of discrimination, the employer must articulate, through admissible evidence, a legitimate, non-discriminatory reason for its actions. The employer's burden is one of ...
Though ADEA is the center of most discussion of age discrimination legislation, there is a longer history starting with the abolishment of "maximum ages of entry into employment in 1956" by the United States Civil Service Commission. Then in 1964, Executive Order 11141 "established a policy against age discrimination among federal contractors ...
The range of aims which can justify indirect discrimination on any ground is wider than the aims which can, in the case of age discrimination, justify direct discrimination. It is not limited to the social policy or other objectives derived from article 6(1), 4(1) and 2(5) of the Directive, but can encompass a real need on the part of the ...
According to Article 5(1) of Directive 2004/113/EC, member states must ensure that "the use of sex as a factor in the calculation of premiums and benefits for the purposes of insurance and related financial services shall not result in differences in individuals' premiums and benefits".
Institutional discrimination is discriminatory treatment of an individual or group of individuals by institutions, through unequal consideration of members of subordinate groups. Societal discrimination is discrimination by society. These unfair and indirect methods of discrimination are often embedded in an institution's policies, procedures ...
They then asked whether there was potentially indirect discrimination, held that there could be, but that it was up to the member state court to determine the facts. There could be objective justification if the employer showed the disparate treatment was based on a "real need" of the business.