Chapter 5 Multiple choice questions

. What do we mean by a comparative model of justice in respect of direct discrimination?

We mean that someone has to be treated less favourably when compared to another.

We mean that all the claimants have to be treated as badly as the rest of the people in the same organization.

We mean that the claimants have been treated badly because of their sex or race.

We mean that the claimant has been treated badly compared to the accepted norms in society.

. If a local authority were to give free use of its swimming pools to all those who have reached the state retirement age, would it be guilty of sex discrimination?

No, because it would have treated all those who have retired equally.

It may have, because not everyone can swim, and that would mean that non-swimmers are being treated less favourably.

Probably yes, because this means that men, who at present have a state retirement age of 65 years, would be at a disadvantage when compared to women, who, currently, have a retirement age of 60 years.

Sometimes, because not everyone would need free access to the council's swimming pools.

. Is this statement true: 'an employer cannot be guilty of discrimination if they only did the discriminatory act by accident'?

Yes, because it would not be sensible to find someone guilty of discrimination when he or she had no intention of discriminating.

It is sometimes true, but it depends upon how serious the discriminatory act is.

No, because it is not possible to discriminate by accident.

No, because there need be no intention to discriminate and motives are irrelevant.

. Indirect discrimination is the application of a provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic - can it ever be justified?

No, discrimination can never be justified

Yes, because sometimes it is something that cannot be avoided

Yes, if A can show that the application of the provision, criterion or practice has a legitimate aim and the means of achieving it are proportionate.

No, because you could never prove that you had a justifiable reason for the application of a discriminatory provision.

. 'If you make a complaint of discrimination against your employer, you may well find future promotion opportunities are blocked when compared to others who have never complained; and the law will do little to help you.' Is this correct?

Yes it is true, but that's the way life is.

No, it is not true. People who complain always end up doing better than those that do not.

It is probably not relevant as you are unlikely to stay with an employer if you are convinced that they are discriminating against you for whatever reason.

No, section 27 of the Equality Act provides protection for a person who is victimised because they exercised their rights under the Act and, for example, made a complaint of discrimination.

. Proving that discrimination has taken place can be a really onerous task. How does the law make it easier for claimants to take their claims forward?

The claimant has to show only a prima facie case and then it is up to the employer to show that the act done was not for a discriminatory reason

The legislation is written in easy to understand English so that people can understand their rights more easily.

It does not make it easier. The claimant will nearly always lose because it is impossible to prove that discrimination has taken place.

The burden of proof is placed upon the employer, but only in situations of direct discrimination.

. Is it possible for an employer to specify that they wish to recruit a person of a particular sex or from a particular ethnic group?

No, it is not possible. If it was allowed, why would we have the Equality Act in the first place?

Yes, it is allowed. People should be able to recruit people with the characteristics that they are comfortable with.

Yes, it is possible to show an occupational qualification in relation to men and women, but this exception is not allowed under the Equality Act in respect of race. .

Yes, the Equality Act allows this if it is an occupational qualification for the job.

. Can an Employment Tribunal make suggestions as to how an employer should act in the future?

Yes, it is one of the possible actions for a Tribunal.

No, a Tribunal is only concerned with the complaint in hand.

No, an Employment Tribunal can only issue an order for compensation or job reinstatement.

Yes, but only if asked.

. Can an employer can take positive action in favour of a protected group if they underrepresented in their work force

Yes, that sounds reasonable.

Yes, because the Equality Act aims to encourage equality of opportunity.

Yes, but only in limited circumstances.

No, because these things must be left to market forces.

. Is it possible to freely decide when employees should be able to have their holidays without infringing the Equality Act?

No, because employees should be entitled to take their holidays at any time with sufficient notice.

It will depend upon the situation, but there may be a possibility of indirect race discrimination if the employer has a multi-ethnic work force.

No, because holidays are governed by the Working Time Regulations.

Yes, because the employer must pay the employees during the time they are on holiday.

Chapter 5 Multiple choice questions

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