cheka.
19th October 2015, 06:16 AM
think this is from europe.....one cannot limit one's business dealings with companies (persons) that have employees with select traits
https://www.macroberts.com/companies-may-claim-compensation-for-unlawful-discrimination/?utm_source=Mondaq&utm_medium=syndication&utm_campaign=View-Original
An incorporated or unincorporated body may claim compensation for less favourable treatment against it because of the protected characteristics of its members, directors, employees and customers.
The Equality Act 2010 protects “a person” against unlawful discrimination on grounds of a protected characteristic (including age, gender, disability, sexual orientation, race, gender re-assignment, religion or belief).
“Person” is not defined within the 2010 Act and therefore includes “a body of persons corporate or unincorporate” under the Interpretation Act 1978. Ordinarily a person must possess the relevant protected characteristic to be protected and the protection is thereby limited to natural persons. However that limitation does not apply in respect of the protection against direct discrimination (or harassment or victimisation).
Direct discrimination arises where a person treats another person less favourably than they treat others because of a protected characteristic. There is no requirement for the victim to possess the protected characteristic themselves. Accordingly the Equality Act prohibits “associative” discrimination – treating another less favourably because of the protected characteristic of an associated individual.
For an incorporated or unincorporated body, an associated individual may include its members, directors, employees and customers, etc.
Protection against discrimination covers not only employment of workers but also the provision of goods and services and the disposal of property.
Accordingly refusal to supply goods or services to a company because its customers are predominantly transgender, or a refusal to lease a property to a company whose directors are of a particular ethnic origin, may well entitle that company to sue for any losses arising from that refusal.
As regards defending such claims, a company is vicariously liable for the discriminatory conduct of its directors, employees and agents unless it takes all reasonable steps to prevent such conduct. It is therefore vital for a company to implement and monitor an effective equal opportunities policy. It is also important for decision makers to narrate why goods, services or property were not supplied to another company – you might just need to prove that your reasons were not discriminatory.
https://www.macroberts.com/companies-may-claim-compensation-for-unlawful-discrimination/?utm_source=Mondaq&utm_medium=syndication&utm_campaign=View-Original
An incorporated or unincorporated body may claim compensation for less favourable treatment against it because of the protected characteristics of its members, directors, employees and customers.
The Equality Act 2010 protects “a person” against unlawful discrimination on grounds of a protected characteristic (including age, gender, disability, sexual orientation, race, gender re-assignment, religion or belief).
“Person” is not defined within the 2010 Act and therefore includes “a body of persons corporate or unincorporate” under the Interpretation Act 1978. Ordinarily a person must possess the relevant protected characteristic to be protected and the protection is thereby limited to natural persons. However that limitation does not apply in respect of the protection against direct discrimination (or harassment or victimisation).
Direct discrimination arises where a person treats another person less favourably than they treat others because of a protected characteristic. There is no requirement for the victim to possess the protected characteristic themselves. Accordingly the Equality Act prohibits “associative” discrimination – treating another less favourably because of the protected characteristic of an associated individual.
For an incorporated or unincorporated body, an associated individual may include its members, directors, employees and customers, etc.
Protection against discrimination covers not only employment of workers but also the provision of goods and services and the disposal of property.
Accordingly refusal to supply goods or services to a company because its customers are predominantly transgender, or a refusal to lease a property to a company whose directors are of a particular ethnic origin, may well entitle that company to sue for any losses arising from that refusal.
As regards defending such claims, a company is vicariously liable for the discriminatory conduct of its directors, employees and agents unless it takes all reasonable steps to prevent such conduct. It is therefore vital for a company to implement and monitor an effective equal opportunities policy. It is also important for decision makers to narrate why goods, services or property were not supplied to another company – you might just need to prove that your reasons were not discriminatory.