Employment, discrimination and seeking redress : an analytical study

Abstract

Discrimination has become more important nowadays, in that awareness is being raised on what discrimination entails and on what effects can result from such differential treatment. The resulting effect of discrimination generally hinders the enjoyment of other essential rights which are inherent to the person’s survival in society, such as the right to work. However, awareness on what entails discrimination is not enough. Knowledge on ways how one can address discrimination or how one can access redress once damage is suffered is almost as essential as knowing what discrimination is. Despite the fact that people are aware of what discrimination entails, they still do not comprehend the essential elements which constitute actions as discriminatory. This lack of information could prove unfortunate since access to remedies requires the person who experienced differential treatment to bring facts that discrimination actually occurred. Concepts of adequacy and effectiveness when it comes to remedies were identified as interconnected, since an adequate remedy takes into consideration each and every aspect of the violation and effectively mitigates the effects of the inequalities suffered through diverse means. This dissertation is divided into four chapters. The introductory chapter delineates the central definitions of the research project which are: employment, discrimination, adequate redress and effective measures. The second chapter consists of a literature review, where relevant legislation and discrimination in employment are discussed through relevant studies, journals and reports. Through this, it was identified how discrimination takes place at work and through which practices it takes place. The third chapter includes an analysis of the decisions taken by the Industrial Tribunal, ECtHR and the CJEU on discrimination related cases. While the final chapter presents a discussion related to the number of conclusions drawn up from the other chapters, primarily related to the effectiveness and adequacy of the redress mechanisms available.