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New dual discrimination law proposed

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4.
Nigel Dupree
Member - 1531 posts
4 Jul 2009 9:41PM

Naa - I don't think you can be a combination of asian man or a black women I think you really need to be one or the other ?

Oh so it's gender and sex as a dual descrimination or that they just don't like you or like you too much in the wrong way that is not reciprecated ho hum just a shame some people just can't get along with others and maintain a professional distance from their personal ideologies in the workplace or elsewhere for that matter.


3.
Kevin Brown
Member - 363 posts
3 Jul 2009 9:57AM

Surely the point is that the discrimination acting in favour of the Asian man in your scenario is that it arises from him being qualified and experienced. The true comparator would be if the black disabled woman was also qualified and experienced, and the decision was taken purely on the grounds of race, disability and/or age. Discrimination per se is not unlawful, we do it every time we make a choice. If it's unfair discrimination that's a different story.


2.
Martin James Thornhill
Member - 14 posts
3 Jul 2009 9:21AM

Would a 55 year-old black disabled woman with neither qualifications nor experience in applying skills relevant to a job application be entitled to claim against the job offeror on the grounds of discrimination?

If the employer subsequently employs a 35 year-old Asian fully-abled man with both qualifications and experience in applying relevant skills, is the employer guilty of de facto discrimination against the 55 year-old black disabled woman?

If not, why not?

How workable could the proposed legislation be?


1.
Irene Lindsay
Member - 38 posts
2 Jul 2009 11:08PM

What if a black woman, over 50 years old, is disabled and discriminated against, could that count as 3 characteristics? Why have a limit at all?


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