The Employer’s Defence in an Employment Discrimination Case

The Employer’s Defence in an Employment Discrimination Case


okay in this video I want to take a look
at the employers defense in an employment discrimination case so the
employee brings the claim against the employer claiming discrimination in the
workplace what is the employers defense if any
well there is a defense and it’s actually set out in the employment
Equality Act 1888 firstly let’s just take a look at a
situation though in relation to discrimination in the workplace section
85 a of the employment equality act 19 it is sets out the burden of proof in a
discrimination case basically as you can see on the screen there it says in any
proceedings where you know the proceedings facts are established from
which the complainant the reasonable inference can be drawn that
discrimination has occurred well then the burden of proof basically shifts to
the respondent you see there on the screen it is for the respondent to prove
the country so the employee must establish facts from which the
reasonable inference of discrimination can be drawn if that’s the case the
burden of proof shifts to the employer and the employer must prove that the
discrimination did not occur that’s what I’m saying there on the screen I just
you can see in relation to the burden of proof firstly it’s on the employee then
it shifts to the employer if the employee can show facts from which a
reasonable inference of discrimination has occurred can be drawn to defense
whoever set out in section 14 a of the employment Equality Act 1988 so you’ll
see on the screen it’s a defense for the employer to prove that the employer took
such steps as are reasonably practicable to prevent discrimination or sexual
harassment or harassment in the workplace this would involve having
procedures in place in the workplace and communication of those procedures to
employees so that is the first step to force defense or forced plank in an
offense for an employer the second one as you can see on the screen there
you’ll see in a case where subsection 1 a applies to prevent
person from harassing or sexually arresting the victim or any victim or
any class of persons and that’s a woman that’s one part of us that’s where the
employer can show that they’ve taken reasonable steps to prevent such events
according and then in the last part of her there as you can see on the screen
it says in a case where subsection 1 B applies to prevent the victim from being
treated differently in the workplace or otherwise in the course of the victims
employment and if and so far as a nice witch treatment has occurred to reverse
its effects in other words the employer once he or she is put on notice that
discrimination has occurred or there’s a navigation of discrimination then they
must take steps the most coyote investigation and have disciplinary
proceedings if appropriate if there is substance to the allegation but the
bottom line is the employer must take steps to reverse the effects of the
discrimination so the two parts to us one is having the workplace having
policies procedures in place which would prevent us and two taking steps if it
has a cord because clearly an employer is not able to guarantee a hundred
percent free workplace of a baron abhorrent behavior clearly he can’t be
or she can’t be there every you know minute of every day to prevent
wrongdoing going on but what he must do is take steps if it does happen the
takeaway for the employers is just two parts to the defense one what did you do
beforehand to try to ensure that no discrimination occurs in your workplace
for example did you have necessary policies and procedures in place
secondly the second part of your defense is once an allegation or complaint of
harassment is made then have you taken all reasonably practical steps to deal
with the complaint and to reverse the effect of an e harassment which has
occurred so clearly that’s a sort of an investigation and a disciplinary
situation if necessary hope you find this video useful my name
is terry gory as you can see in the screen my contact details are there if
you do find it useful I would appreciate if you give it a thumbs up down below
and you may be interested in subscribing to my YouTube

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About the Author: Oren Garnes

3 Comments

  1. What about a protected class approach upper management and HR in good faith about a complaint of discrimination, then the result was adverse action and punishment and firing?

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