Тypes of employment discrimination and specifics of their legal regulation

TABLE OF CONTENTS

TABLE OF CONTENTS
EMPLOYMENT DISCRIMINATION
TYPES OF EMPLOYMENT DISCRIMINATION AND THEIR LAW PROTECTION
SPECIFIC OF EMPLOYMENT DISCRIMINATION AND ITS LEGAL REGULATION
BIBLIOGRAPHY

Тypes of employment discrimination and specifics of their legal regulation

However in many cases, it’s often down to misunderstandings that cause people to feel discriminated against so before taking any legal action, it’s important to try to discuss any such matters internally in the first instance. Legislation in many countries stresses the importance of employees and employers resolving their differences between them prior to starting costly legal disputes. All employees have the right to raise formal grievances against their employer. If they do so, the employer should arrange for a meeting between the parties to discuss how to resolve their differences4.
If, however, the matter can’t be resolved internally, employee can also go to some special bureau and seek for advice of a solicitor who specializes in employment law. United Kingdom and the USA have special commissions for resolving such questions: The U.S. Equal Employment Opportunity Commission and The Equality and Human Rights Commission of Great Britain.
The U.S. Equal Employment Opportunity Commission (EEOC) is a federal agency charged with ending employment discrimination. The EEOC investigates discrimination complaints based on an individual's race, color, national origin, religion, sex, age, disability and retaliation for reporting and/or opposing a discriminatory practice. The Commission is also tasked with filing suits on behalf of alleged victim(s) of discrimination against employers and as an adjudicatory for claims of discrimination brought against federal agencies5.
The Equality and Human Rights Commission of Great Britain was established by the Equality Act 2006. Nowadays the chairman of the Commission is Trevor Phillips who was previously chairman of the Commission for Racial Equality. It has taken over the responsibilities of three former commissions: the Commission for Racial Equality, the Equal Opportunities Commission and the Disability Rights Commission. It also has responsibility for the other aspects of equality: age, sexual orientation and religion or belief, as well as human rights. The Commission came into being on 1 October 2007. It only has responsibility for England, Scotland and Wales as a separate Equality Commission exists in Northern Ireland which was established under the terms of the Belfast Agreement. It is classed as a non-departmental public body, meaning that it is separate and independent from Government but still accountable for its public funds6.
By seeking advice from any of the above, aggrieved employee will be able to find out if he has a valid case of unlawful discrimination and, if it’s considered that he has been unlawfully discriminated against then ultimately he can take the matter through to court, for instance to an Employment Tribunal of Great Britain. However the presenting of complaint to an Employment Tribunal should be done after the employer's own processes, such as disciplinary hearings and internal appeals, have been exhausted.