Equal Opportunity Act Critique

Critique of Equal Opportunity Act, 2000

1. Indicate (if any exists) the definition for discrimination in the Equal Opportunities Act. Comment on the said issue.

There is no clearly defined meaning for discrimination in the Equal Opportunity Act, 2000. According to Boatright, discrimination describes a large number of wrongful acts in employment, housing, education, medical care and other important areas of public life. Although discrimination in each of these areas take different forms, what they have in common is that a person is deprived of some benefit or opportunity because of membership in some group toward which there is substantial prejudice.”

Discrimination can be intentional or unintentional, and occurs and is present
The Act addresses discrimination in employment, particularly against applicants and employees. It makes specific reference to discrimination in employment as it applies to sex, race, ethnicity, origin (including geographical origin), religion, marital status and disability. No mention is made of age discrimination in the Act.

According to Boatright, age discrimination occurs mainly by employers who perceive that younger employees have more up-to-date skills and innovative ideas. These employers move older employees aside to make room for the younger ones. It is felt that younger employees are less expensive to employ, simply because older employees generally earn higher salaries and extensively use fringe benefits. Employers sometimes prefer the younger employees for marketing purposes.

Ageism laws make it illegal for employers to discriminate in the workplace – directly or indirectly – on the basis of age. Age discrimination laws prohibit employers from discriminating in the hiring, promotion, discharge, compensation, or other terms and conditions of employment because of age. It is designed not only to protect older workers, but employees of all
Although it specifically outlines Discrimination in Employment in Part III, there are numerous exceptions to what is stated in these sections. With all the exceptions, it would appear that there is no legal protection for individuals who are victims of employment discrimination. There are many loopholes which can be used to be advantage of employers.

However, once a complaint of discrimination has been made and a corporate body is required to submit information, failure to do so can result in a fine of five thousand dollars for each day information is withheld. This works against the private enterprises.

On one hand, the non-implementation of the Act by the government appears justified since there is no protection for various persons against discrimination. The Act fails to address discrimination with respect to pay (equal pay for men and women performing the same jobs), sexual preference and age. It seems incomplete without mention of these crucial areas.

But on the other hand, it is justified to implement the Act since it would allow legal recourse to redress acts of discrimination mentioned therein. It is a starting point to provide a national mandate for the elimination of discrimination against