The be as a result from harassment, inappropriate

The
subject of this essay is to distinguish between formal and substantive equality.
A general overview will be made on equality. Emphasis will be on the difference
between both equalities. Case law will be used to support arguments both for
and against substantive equality.

In
law, the term “discrimination” refers to the unequal treatment of an individual
or a group of individuals. Instances can be as a result from harassment, inappropriate
use of words, name-calling inappropriate jokes, or display of cartoons or
posters describing a person because of their color, race, gender or sex, sexual
orientation e.t.c.1
Equality has been described as a “treacherously simple concept”.2
The principle of equality is a fundamental assumption of a democratic society.
It is noticed that there are Correspondence between equality and non-discrimination.3

The idea of formal equality can be traced
back to Aristotle and his decree that the meaning of equality is “things that
are alike should be treated alike”.4
This is the most widely spread understanding of equality today. The above quote
explains the principle of equal treatment of men and women and one law should
apply to everyone regardless of race, sex, age etc. Formal equality is known as
formal, legal equality and has an important role in law especially in the
United Kingdom and the united state Constitution that forms an ideal basis of
“direct discrimination”.5
The equality act 2010 section 13 contains a definition of direct discrimination
set out in the following term 6

1.    
A person (A) discriminates against
another (B) if, because of a protected characteristic, A treats B less
favourably than A treats or would treat others.

2.    
If the protected characteristic is
age, A does not discriminate against B if A can show A’s treatment of B to be a
proportionate means of achieving a legitimate aim.

3.    
If the protected characteristic is
disability, and B is not a disabled person, A does not discriminate against B
only because A treats or would treat disabled persons more favourably than A
treats B.

4.    
If the protected characteristic is
marriage and civil partnership, this section applies to a contravention of Part
5 (work) only if the treatment is
because it is B who is married or a civil partner.

5.    
If the protected characteristic is
race, less favourable treatment includes segregating B from others.

6.    
If the protected characteristic is
sex—

    
(A) less favourable treatment of a woman includes less favourable
treatment of her because she is breast-feeding;

(B)in a case
where B is a man, no account is to be taken of special treatment afforded to a
woman in connection with pregnancy or childbirth.

7. Subsection
(6)(a) does not apply for the purposes of Part 5 (work).

8.This section is subject to sections 17(6) and 18(7).

The above listed act referred to in section 13
are as well defined in section 4 of the equality act 2010 as gender, age,
disability, marriage, race, religion or belief, pregnancy and maternity, sex
orientation, civil partnership.7 Before the act into
existence were other parts of legislation to cover discrimination including:
Sex discrimination act 1975, Race Relations Act 1976, Disability Discrimination
Act 1995 which mirrors the contained in the earlier now defunct legislation.8 Formal equality systems
instigate impel justice by treating “like cases as alike” it replies on the
idea that same treatments equates to fair treatment.9 A good instance is when
someone treats you less than another person in a similar situation for example during an interview, a
job applicant tells the potential employer that he has multiple sclerosis. The
employer decides not to appoint him even though he’s the best candidate they
have interviewed, because they assume he will need a lot of time off sick.10

Achieving
equal outcome and privilege no equality in treatment but equality in the
outcome is known as substantive.11
However, Aristotle describes equality as a form of dessert to “treat like as
like”. Aristotle would not render important or significant position to slaves
and women due to he believed that unsatisfactory to free a man from noble act.12This
is considered as indirect discrimination the equality act section 18 with 3 sub
sections states the following:        13                                                                                             (1)A person (A) discriminates against another (B) if A
applies to B a provision, criterion or practice which is discriminatory in
relation to a relevant protected characteristic of B’s.

(2)For the purposes of subsection (1), a provision, criterion or
practice is discriminatory in relation to a relevant protected characteristic
of B’s if—

(a) A applies, or would apply, it to persons with whom B does not share
the characteristic,

(b ) It puts, or would put, persons with whom B shares the
characteristic at a particular disadvantage when compared with persons with
whom B does not share it,

(c) It puts, or would put, B at that disadvantage, and

(d ) A cannot show it to be a proportionate means of achieving a
legitimate aim.

(3) The relevant protected characteristics are—

·      
Age;

·      
Disability;

·      
Gender reassignment;

·      
Marriage and civil partnership;

·      
Race;

·      
Sex;

·      
Sexual orientation.                                                                                                                   Although other
substantive equality Theorist agreed that justice should be looked aside from
the similarities.14
Also modern substantive equality would share supplementary resources to women
and minorities because they believe they deserve and should get the welfare.
Due to that (they criticize “equal pay for equal work” statues and discern and
discern anti-discrimination law).15
An example of indirect discrimination For example, a job advert states that all applicants
must have a driving licence. This puts some disabled people at a disadvantage
because they may not have a licence because, for example, they have epilepsy.
If the advert is for a bus driver job, the requirement will be justified. If it
is for a teacher to work across two schools, it will be more difficult to
justify.16
Substantive equality that policies and exercise put in the right order to shut
the majority of clients, in upshot it maybe indirectly discriminatory creating
standard discrimination.17

The commission has notable authority to
imply in legal cases that are within the areas of equality and human rights.18

1 Definition of discrimination https://en.oxforddictionaries.com/definition/discrimination

2 “The ideas of equality and non discrimination”
http://www.equalrightstrust.org/ertdocumentbank/The%20Ideas%20of%20Equality%20and%20Non-discrimination,%20Formal%20and%20Substantive%20Equality.pdf

 

3 “The ideas of equality and non discrimination”
http://www.equalrightstrust.org/ertdocumentbank/The%20Ideas%20of%20Equality%20and%20Non-discrimination,%20Formal%20and%20Substantive%20Equality.pdf

 

4 “The ideas of equality and non discrimination”
http://www.equalrightstrust.org/ertdocumentbank/The%20Ideas%20of%20Equality%20and%20Non-discrimination,%20Formal%20and%20Substantive%20Equality.pdf

 

5 “The ideas of equality and non discrimination”
http://www.equalrightstrust.org/ertdocumentbank/The%20Ideas%20of%20Equality%20and%20Non-discrimination,%20Formal%20and%20Substantive%20Equality.pdf

6 Equality act 2010 s13.

7 Equality act 2010 s14

8 Equality Act 2010 (guidance)

9  Paul Stancil “substantive
equality and procedural justice”2016 p10

10 Disability discrimination https://www.equalityhumanrights.com/en/advice-and-guidance/disability-discrimination

11 “Equal opportunity commission “https://www.law.ox.ac.uk/sites/files/oxlaw/oscola_4th_edn_hart_2012quickreferenceguide.pdf
> accessed 3rd january 2018

12 Paul Stancil “substantive equality and procedural justice”2016p11

13 Equality act 2010 s18

14 Paul Stancil “substantive equality and procedural justice”
2016p11

15 Paul Stancil “substantive equalitu and procedural justice”2016p11

16 Disability discrimination https://www.equalityhumanrights.com/en/advice-and-guidance/disability-discrimination.

17 “Equal opportunity commission” http://www.eoc.wa.gov.au/substantive-equality

18 “Equality and human rights commission” https://www.equalityhumanrights.com/en/legal-casework/legal-cases