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2010768179 JBM2202A Prepared for:Puan Nazihah

The Race Relations Act makes it unlawful for an employer to discriminate against an employee (either full or part-time) in Great Britain on the grounds of race (race means colour, nationality, or ethnic or national origins). An employer must:
Allow most jobs and training schemes to be occupied by

any race; with the exception of jobs such as modelling, acting, or in places where food or drink is served and a certain race is needed for authenticity; Give all races the same terms in the work contract; Allow all races the same promotion, training, and other opportunities.

Many people, at some stage in their working lives, receive unwelcome sexual attention from colleagues. Sexual harassment covers a whole range of issues, from rude remarks to leering and unwanted physical contact, and in law is seen as direct discrimination under the Sex Discrimination Act 1975. Although it usually applies to women, men can be victims too.

Most jobs, training schemes and apprenticeships must be open equally to both sexes and to people of all ethnic backgrounds. The laws apply to full and parttime work, although a few jobs are excluded from the sex discrimination laws. These include acting, modelling and jobs involving a physical or close contact with the opposite sex. It is also legal for British firms to discriminate for jobs overseas where local customs frown on certain jobs being done by the opposite sex.

It's against the law to treat a disabled person less favourably than someone without the disability, unless it can be justified for a reason related to the disability. The law allows an employer to discriminate only if the disabled person is unsuitable - or less suitable - than the person taken on or if the person's disabilities would make it very difficult for the job to be done. The law, which applies to trainees as well as employees, also states that a firm should make reasonable adjustments to working conditions to allow a disabled person to do their job.

Lesbian and gay workers are protected against discrimination in the workplace on the grounds of sexual orientation, thanks to the Employment Equality (Sexual Orientation) Regulations 2003.This legislation bans direct and indirect discrimination, harassment and victimisation driven by a person's sexuality. Discrimination that draws on an assumption about a person's sexuality (regardless of whether the assumption is correct or not) is also ruled out. There's also protection for those who are suffering from discrimination because they associate with people of a certain sexuality.

The Employment Equality (Age) Regulations 2006 came into force on 1 October 2006. Under the new rules it is against the law to discriminate against you for being too young or too old when it comes to employment, adult education and training. The rules mean that: Your employer can't treat you unfairly at work because of your age; Employers can't refuse to employ you because of your age; There's no upper or lower age limit for getting redundancy pay; Your employer can't dismiss you because of your age; If you suffer age discrimination, you can make a claim to an employment tribunal; Your age can't be a barrier to getting certain benefits.

The Employment Equality (Religion or Belief) Regulations were passed in 2003 to stop discrimination on the grounds of someone's religion or beliefs. The regulations are intended to protect students in schools in colleges, as well as those in the workplace. As well as direct and indirect discrimination, the regulations outlaw harassment and victimisation.

27. Discrimination against employee, etc. (1) No employer shall dismiss an employee, injure him in his employment, or alter his position to his detriment by reason only that the employee
(a) makes a complaint about a matter which he considers is not safe or is

An employee shall not be dismissed or be subject to a demotion if he makes a complaint about safety and health matters at the place of work or when he exercises his functions as a member of the safety and health committee in the workplace.

a risk to health; (b) is a member of a safety and health committee established pursuant to this Act; or (c) exercises any of his functions as a member of the safety and health committee.

(2) No trade union shall take any action on any of its members who, being an employee at a place of work
(a) makes a complaint about a matter which he considers is

Trade union must not take any action on its members who carry out their functions as a member of the safety and health committee. This is to allow the employee to carry out their function as a committee member independently.

not safe or is a risk to health; (b) is a member of a safety and health committee established pursuant to this Act; or (c) exercises any of his functions as a member of a safety and health committee.

(3) An employer who, or a trade union which, contravenes the provisions of this section shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to a term of imprisonment not exceeding one year or to both. (4) Notwithstanding any written law to the contrary, where a person is convicted of an offence under this section the Court may, in addition to imposing a penalty on the offender, make one or both of the following orders:

(a) an order that the offender pays within a specific period to the

person against whom the offender has discriminated such damages as it thinks fit to compensate that person; (b) an order that the employee be reinstated or re-employed in his former position or, where that position is not available, in a similar position

On September 28, 2001, Article 8(2) of the Federal Constitution was amended to prohibit gender discrimination through the Constitution (Amendment) (N2) Act 2001.This, however, has yet to be encapsulated in any specific legislation. In 2001, the Labor Department of the Malaysian Ministry of Human Resources issued the Code of Practice for the Employment of the Disabled in the Private Sector (Disability Code).The objectives of the Disability Code are to: (i) Establish guidelines for the registration and job placement of the disabled with the private sector; (ii) Increase the awareness of private sector employers on the importance of offering employment opportunities to the disabled; and (iii) Encourage the disabled to prepare themselves in terms of ability, qualifications and skill sets to participate in the development of Malaysia as employees.

Though the Disability Code sets out the certain responsibilities of both the employer and the disabled employee, like other similar Codes relating to employment, there are no legal sanctions for non-compliance. The Malaysian Government recently passed the Persons With Disabilities Act 2008(PDA). It will be the first specific anti-discrimination law in Malaysia that applies in the workplace. Under the PDA, employers are now legally required to ensure that employees with disabilities are accorded just and favourable work conditions and equal remuneration to those without disabilities. However, it is not expressly clear whether the PDA will cover both employees as well as job applicants. At present,the protections under the PDA only extend to current employees. More detailed guidelines and standards will presumably be promulgated by the National Council for Persons with Disabilities and/or the Minister of Human Resources in accordance with the PDA. Pending such guidelines and standards, the exact impact on the employment landscape remains to be seen.

Malaysia does not have any legislation governing workplace harassment. However,in 1999, the Code of Practice on the Prevention and Eradication of Sexual Harassment in the Workplace was promulgated (Sexual Harassment Code). The Sexual Harassment Code is not legally binding, but companies are expected to adopt its recommendations.

The Sexual Harassment Code contains guidelines for the establishment and implementation of internal preventive and redress mechanisms for dealing with sexual harassment. Sexual harassment is defined under the Sexual Harassment Code as any unwanted conduct of a sexual nature having the effect of verbal, nonverbal,visual, psychological, or physical harassment that might, on reasonable grounds, be perceived by the recipient as:

(i) placing a condition of a sexual nature on her or his employment; or (ii) an offence or humiliation, or a threat to her or his well-being, but that has no direct link to her or his employment.This definition is wide-ranging and covers almost every possible form of sexual harassment, including verbal statements, gestures and physical conduct. It also includes employment-related sexual harassment that occurs outside the workplace as a result of employment responsibilities or employment relationships (e.g., at work-related social functions,during work-related travel or over the telephone).

To successfully combat sexual harassment in the workplace, employers are encouraged to set up comprehensive in-house mechanisms.The minimum elements of such a mechanism, as outlined by the Sexual Harassment Code, include:

(i) A policy statement from management prohibiting sexual harassment in the

organization; (ii) A clear definition as to what constitutes sexual harassment; (iii) Setting-up a special complaint/grievance procedure; (iv) Clear stipulation of the disciplinary rules and penalties that will be imposed against a harasser as well as against those who make false accusations; (v) Formulation of a set of protective and remedial measures for the victim; and (vi) Promotional and educational programs to explain the companys policy on sexual harassment and to raise awareness of sexual harassment among all employees.

Although it is not legally binding, implementation of the Sexual Harassment Code and the setting-up of in-house inquiry boards will provide employees under harassment with an avenue for redress within their organization.

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try to reason with the person who is treating you unfairly If that doesn't work, get a third party involved - someone who's impartial if possible - and arrange a meeting where both sides can put their case forward. Keep a written record of any bullying or harassment to back up your claims. If you're a member of a union, now's the time to get them involved.

people with a disability might want to contact the Disability Rights Commission 2. If impossible to sort things out informally, you may be advised to take your complaint to an employment tribunal. 3. If you win your case, the tribunal can award damages to compensate you for the losses you have incurred. You may be able to settle your case without the need to go to court but, if not, be prepared for a long and difficult battle, and remember to take legal advice.
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