Final Ch. 18

Question 1

Protected characteristics

Answer 1

designation of a person or group protected against unfavourable treatment

Question 2

Direct discrimination

Answer 2

• A treats B less favourably than A treats or would treat others

Question 3

discrimination by association

Answer 3

treating one person unfavourably because of their association with another

Question 4

discrimination by perception

Answer 4

treating someone unfavourably because of an incorrect and maybe stereotypical belief about their attributes, abilities, beliefs, etc.

Question 5

direct discrimination

Answer 5

openly treating an employee less favourably than others because of protected characteristic

Question 6

Indirect discrimination

Answer 6

would put B at a disadvantage compared with others who do not share the protected characteristic

Question 7

Occupational qualification

Answer 7

• discrimination may be legal if the defendant can show that the nature of the job makes it essential to restrict employment to people of a certain characteristic

Question 8

vicarious liability

Answer 8

it is no defence that the employer or principal did not know about the behaviour although the employer will not be liable if they took all reasonable steps to prevent it

Question 9

Disability defined as (2)

Answer 9

1. physical or mental impairment, and
2. the impairment has a substantial and long-term adverse effect on the persons ability to carry our normal day-to-day activites

Question 10

disability duty to..

Answer 10

duty to make reasonable adjustments, failure amounts to discrimination

Question 11

race includes

Answer 11

color
nationality
ethnic or national origins

Question 12

defence in race

Answer 12

occupational qualification: employer has the right to make a specific racial characteristic a requirement of employment

Question 13

defences in race (2)

Answer 13

1. occupational qualification is a defence

2. the proportionate means defence

Question 14

equality clause

Answer 14

implied term in an employment contract to ensure parties are treated equally favourably

Question 15

equal work

Answer 15

a women is entitles to claim equal pay and other contract terms with a male comparator who is doing (either)

• like work
• work rated as equivalent
• work of equal value

Question 16

pay differential defence

Answer 16

material difference; includes levels of qualification, length of service

Question 17

remedies (3)

Answer 17

1. recommendations
2. damages
3. declaration