Anti-Discrimination Law in the UK Essay Example | Topics and Well Written Essays - 3000 words

Anti-Discrimination Law in the UK - Essay Example What has the provisions of this Act imply to organizations? In the performance of its functions, a firm must pay special cognizance to three aspects covered by or under the Act (Rivers, 2012): 1. Avoid and eliminate any conduct that has the effect of constituting harassment, victimization, discrimination or any other prohibited conduct 2. Culture equality for every persons who share the ‘protected characteristics’ and those who do not with regard to opportunities 3. Encourage proper relations amongst individuals with the relevant protected characteristics and also those who do not Section 71 of the Act regards discrimination against sex in relation to pay. Section 77 refers to discrimination through the discussions over terms of pay. Section 78 provides regulations on gender pay gap (www.legislation.gov.uk, 2010).These sections have gone some way to strengthening the statutory enforcement of equal pay between men and women within public entities. However, government†™s failure to enact one of these three critical provisions may ultimately hamper the effectiveness of the Act. In analysing the aforementioned sectional provisions and assessing their potential impact in combatting discrimination with regard to employment, it is imperative to understand first what variables are prevalent in laws on societal equality (Rivers, 2012).The mystery that is equality rests within the (misconception in) Western political tradition that views equality as a fundamental and universal moral characteristic of human beings; of equal dignity and worth (Dworkin, 2002). It stretches beyond the Aristotelian definition of a purely formal existence, which postulates that likes be treated similarly, and differences proportionately. Most importantly is the acknowledgement of the uniqueness of human beings. Therefore, equality would intimate that people be valued both in their uniqueness and similarities. Firstly, we address the object variable which answers the question , ‘what exactly is subject to the equality principle?’ This is easily answerable at a highly abstract level. All humans being equal in rights and dignity deserve equal respect and concern. However, in practice this presents a fairly complex ideal covering not only civil and political rights but a myriad of welfare, opportunity and resources. John Rawls identified within his justice theory two principles of equality in which the justification of differences was only valid should they benefit the least well-off and related to positions held under fair opportunities. These were equality of liberty and that of fundamental (basic) social goods. Secondly, the characteristic variable, which defines who the recipient(s) of the principle are and why they merit such special treatment. Article 14 of the European Convention of Human rights states that all rights should be enjoyed by all regardless of distinction. Initially and subsequent to this proclamation, there was much resista nce towards identifying specific benchmarks that merit special attention. Presently, practical concerns aimed at addressing ingrained bias and social exclusion have developed into a rallying cry for equality as a human right-born out of Civil Rights movements (Rivers, 2012).