okay in this video I want to take a look at the employers defense in an
employment discrimination case so the employee brings the claim against the
employer claiming discrimination in the workplace
what is the employers defense if any well there is a defense and it's
actually set out in the employment Equality Act 1888
firstly let's just take a look at a situation though in relation to
discrimination in the workplace section 85 a of the employment equality act 19
it is sets out the burden of proof in a discrimination case basically as you can
see on the screen there it says in any proceedings where you know the
proceedings facts are established from which the complainant the reasonable
inference can be drawn that discrimination has occurred well then
the burden of proof basically shifts to the respondent you see there on the
screen it is for the respondent to prove the country so the employee must
establish facts from which the reasonable inference of discrimination
can be drawn if that's the case the burden of proof shifts to the employer
and the employer must prove that the discrimination did not occur that's what
I'm saying there on the screen I just you can see in relation to the burden of
proof firstly it's on the employee then it shifts to the employer if the
employee can show facts from which a reasonable inference of discrimination
has occurred can be drawn to defense whoever set out in section 14 a of the
employment Equality Act 1988 so you'll see on the screen it's a defense for the
employer to prove that the employer took such steps as are reasonably practicable
to prevent discrimination or sexual harassment or harassment in the
workplace this would involve having procedures in place in the workplace and
communication of those procedures to employees so that is the first step to
force defense or forced plank in an offense for an employer the second one
as you can see on the screen there you'll see in a case where subsection 1
a applies to prevent person from harassing or sexually
arresting the victim or any victim or any class of persons and that's a woman
that's one part of us that's where the employer can show that they've taken
reasonable steps to prevent such events according and then in the last part of
her there as you can see on the screen it says in a case where subsection 1 B
applies to prevent the victim from being treated differently in the workplace or
otherwise in the course of the victims employment and if and so far as a nice
witch treatment has occurred to reverse its effects in other words the employer
once he or she is put on notice that discrimination has occurred or there's a
navigation of discrimination then they must take steps the most coyote
investigation and have disciplinary proceedings if appropriate if there is
substance to the allegation but the bottom line is the employer must take
steps to reverse the effects of the discrimination so the two parts to us
one is having the workplace having policies procedures in place which would
prevent us and two taking steps if it has a cord because clearly an employer
is not able to guarantee a hundred percent free workplace of a baron
abhorrent behavior clearly he can't be or she can't be there every you know
minute of every day to prevent wrongdoing going on but what he must do
is take steps if it does happen the takeaway for the employers is just two
parts to the defense one what did you do beforehand to try to ensure that no
discrimination occurs in your workplace for example did you have necessary
policies and procedures in place secondly the second part of your defense
is once an allegation or complaint of harassment is made then have you taken
all reasonably practical steps to deal with the complaint and to reverse the
effect of an e harassment which has occurred so clearly that's a sort of an
investigation and a disciplinary situation if necessary
hope you find this video useful my name is terry gory as you can see in the
screen my contact details are there if you do find it useful I would appreciate
if you give it a thumbs up down below and you may be interested in subscribing
to my YouTube