Discrimination?

jillington

Hi, I was wondering if somebody here may be able to help point me in the right direction of how to approach this problem regarding employment law (for academic purposes). I need to address the main issues that arise in the situation below, and set out the law in relation to these issues. So if you have any recommendations to specific cases, or Acts which you think is relevant to the below I'd very much appreciate to hear them.

Thanks, here is the highlights of the problem...

-A female employee has been working with a company for 4 years

-She applies for a promotion which if selected will involve a lot of travelling as part of her new job. She gets on well and is asked back for second interview.

-By the time the 2nd interview comes along, she has learned that she is expecting her first child with her husband.

-During the interview she is asked 'what her fella does for a living' and if she has a family? She tells interviewer that she is 3 months pregnant and the interviewer asks how she would cope with looking after a new baby, while working full time and travelling?

-She does not get the job and later learns that the position went to somebody who is far less qualified than her and has not even completed any 3rd level studies, while she holds a PhD.

-She now feels she has been discriminated against because of her pregnancy & marital status.

hullaballoo

Unfortunately, you have to do your own homework here.

This forum is not for quick and easy answers to assignments.

jillington

I am not looking for a 3,500 word response nor am I looking for somebody to point out the issues. I was just looking for some pointers in relation to legislation i.e, Employment Equality Act etc. And perhaps some case law that might help me understand the problem. No reading was prescribed for this problem which is why I posted it here. This being the first time I have ever studied law I really don't know where to start on this. Anyway if it some sort of rule of the forum to not offer advice for homework, then my apologies I didn't know. I just assumed it was since seeking real life legal issues is not allowed right?

Jo King

This problem concerns indirect discrimination. There is no express ban on women, married people or parents applying for the job.
The next issue is whether asking a candidate about their domestic commitments is proportionate.
Finally were all candidates questioned about their domestic commitments.
There is a lot of case law on these issues, a lot of it brought to Europe by civil servants.
The first issue in this case is whether there is genuinely a lot of travel or is the employer making willingness and ability to travel an issue simply to avoid appointing an individual or category of individuals?
If the travel is a genuine was every candidate questioned about their ability to travel?
If the travel is not genuine does the application of this criterion impact more heavily on one or more of the groups specified in the equality legislation by reason of gender or marital status etc.?
If the employer either made travel an issue when it should not have been or only asked particular individuals from one of the 9 categories about it, he is guilty of discrimination.

jillington

Thanks! This is helpful.