Employment Equality Age Act 2006

33% Reservation: In Defence Of Our Women

India is among the few developing countries where gender equality and improvement in the status of women are categorically stated to be the central goals of development and social policy. This commitment is buttressed by an explicit Constitutional mandate that reflects a substantive understanding of the various dimensions of freedom and equality for women. The Constitution of India guarantees equality of sexes and in fact grants special considerations to women. Article 14 states that the government shall not deny to any person equality before law or the equal protection of the laws. Article 15 declares that government shall not discriminate against any citizen on the ground of sex. Article 15(3) makes a special provision empowering the State to make affirmative discriminations in favor of women. The Constitution imposes a fundamental duty on every citizen through Article 15 A(e) to renounce practices derogatory to the dignity of women. Article 16 guarantees that no citizen shall be discriminated against in matters of public employment on the grounds of sex. Some years back there were explicit demands to increase women’s political participation. This public movement eventually crystallized in the form of the 73rd Constitution amendment, 1992. Subsequently, Article 243 D(3) of the Indian Constitution enumerates that not less than one third of all the total number of seats to be filled by direct election in every panchayat shall be reserved for women and such seats may be allotted by rotation to various constituencies in a panchayat. Article 243 D(4) also ensures rotational reservation of at least one third  of the total number of offices of chairpersons at all levels of panchayat for women. Recently, the Union cabinet has approved the proposal for enhancing the women reservation in panchayats from ‘not less than one third’ to ‘not less than half’. Similar provisions have also been made for the Urban Local Bodies (ULBs). The Women Reservation Bill 2008, seeking reservation of 33% for women in the Parliament and State legislature, as and when it becomes effective will further strengthen women’s political participation. Thus, in India, despite many difficulties, women have now not only found their mooring in work places but are also in the process of becoming an integral part in the exercise of governance.

UK Law: The Equality Act 2010 four months on and the Not-For ...

Over the past 40 years piecemeal legislation had grown up to remove discrimination and less favourable treatment in the workplace, including:

 

The Equal Pay Act 1970

The Sex Discrimination Act 1975

The Race Relations Act 1976

The Disability Discrimination Act 1995

The Employments Equality (Religion or Belief) Regs 2003

The Employment Equality (Sexual Orientation) Regs. 2003

The Employment Equality (Age) Regs. 2006

 To a large extent, the Equality Act 2010 consolidates and harmonises existing equality legislation. The Act tries to smooth out difference between the existing legislation and introduces some new principles, for example the obligation on public authorities to promote equality, and the banning of discrimination based on caste.

 

What is not covered in the Act:

Less favourable treatment on the basis of being employed part time These will all be ‘ Protected Characteristics’ .

 

Direct discrimination

Section 13 defines direct discrimination as follows: ‘A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.’

 

Thus, the Act retains the requirement for a real or hypothetical comparator who does not share the relevant protected characteristic (except in relation to pregnancy and maternity discrimination).

 

Indirect discrimination

Indirect discrimination is when you apply a requirement which indirectly affects a larger proportion of one group with a protected characteristic than another.

 

For example:

More women than men want to work part time, particularly after childbirth. If you refuse to allow a woman to return on a part time basis after maternity leave, this may give rise to indirect discrimination. If you say that only people with 10 or more years experience may apply for a position, this may indirectly discriminate against younger employees (unless you can justify the requirement as being a proportionate means of attaining a legitimate aim)

 

Objective Justification:

The Equality Act provides a standardised test for objectively justifying indirect discrimination and direct age discrimination if it is a ‘proportionate means of achieving a legitimate aim’.

Age discrimination in employment

The book opens with a consideration of what age discrimination is and how it manifests itself at the workplace and elsewhere.

The Diversity Training Handbook, A Practical Guide to Understanding and Changing Attitudes

The Equality Act 2006; - The Disability Discrimination Act 2005; ... The Employment Equality (Age) Regulations 2006 The Employment Equality (Age) ...

Halsbury's laws of England

The same definition applies for the purposes of the Employment Equality ... and the Employment Equality (Age) Regulations 2006, SI 2006/1031 (see reg ...

Equality Act 2006, Chapter 3; Explanatory Notes

The Employment Equality (Sexual Orientation) Regulations 2003 (SI 2003/1661) ... Legislation is also being prepared to prohibit age discrimination in these ...

New developments in employment discrimination law

The Equality Act 2006 extended the prohibition against discrimination on the ... 1 December 2003)18 and the Employment Equality (Age) Regulations 2006 (in ...