Preferential treatment in public employment and equality of opportunity by Sham Sunder Gupta

Cover of: Preferential treatment in public employment and equality of opportunity | Sham Sunder Gupta

Published by Eastern Book Co. in Lucknow .

Written in English

Read online


  • India,
  • India.


  • Discrimination in employment -- India.,
  • Dalits -- India.,
  • India -- Officials and employees -- Selection and appointment.,
  • India -- Scheduled tribes.

Edition Notes

Book details

Statementby Sham Sunder Gupta ; foreword by Satish Chandra Misra.
LC ClassificationsJQ249.A6 G85 1979
The Physical Object
Paginationxiv, 228 p. ;
Number of Pages228
ID Numbers
Open LibraryOL4080547M
LC Control Number79906029

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Lucknow: Eastern Book Co., (OCoLC) Online version: Gupta, Sham Sunder. Preferential treatment in public employment and equality of opportunity. Lucknow: Eastern Book Co., (OCoLC) Document Type: Book: All Authors / Contributors: Sham Sunder Gupta.

Preferential Treatment means giving of special treatment to certain persons or classes of persons over others. In the context of the book, it implies preferential treatment or, to be more specific, reservation of appointments of posts as provided in Article 16(4) of the Indian Constitution for backward classes of citizens who are not adequately represented in the services under the State.

Equality and Preferential Treatment. These essays, with one exception originally published in Philosophy & Public Affairs, consider the moral problems associated with improving the social and economic position of disadvantaged s: 1.

Equality and preferential treatment. These essays, with one exception originally published in Philosophy & Public Affairs, consider the moral problems associated with improving the social and economic position of disadvantaged groups.

This paper deals with equality of opportunity in public employment. INTRODUCTION. Right to Equality is one of the basic fundamental rights that the constitution of India guarantees to all the citizens of the country. Article 16 deals with the equality of opportunity in matters of public employment.

Equal opportunity is a term which has differing definitions and there is no consensus. has the effect of impairing equality of opportunity and treatment. The Convention covers all sectors of employment and occupation, both public and private, vocational train-ing, access to employment, and conditions of work in general.

States ratifying the Convention undertake to modify their legislation and administratve practices which are. Secondly, the Advocate-General states that the Directive at issue is designed to ensure effective equal treatment which requires that "equal opportunities ", defined as "equality with respect to starting points" rather than equality with respect to the "points of arrival" [12], are addressed to both sexes by the removal of existing inequalities.

Current law forbids discrimination or “preferential treatment” based on race, sex, ethnicity, sex, color or national origin in government employment, contracting or public colleges. legalized. The use of preferential policies (affirmative or positive action) to correct societal problems of discrimination has been controversial.

Preferential policies have been introduced in several fields of social policies, mainly as a method to create equality of opportunity, and to create gender equality.

EQUALITY RIGHTS (ARTICLES 14 18) Article 16 assures equality of opportunity in matters of public employment and prevents the State from any sort of discrimination on the grounds of religion, race, caste, sex, descent, place of birth, residence or any of them.

but not preferential treatment of women, which is a Preferential treatment in public employment and equality of opportunity book measure in File Size: KB. Positive Action Positive action is a range of measures allowed under the Equality Act which can be lawfully taken to encourage and train people from under-represented groups to help them overcome disadvantages in competing with other applicants.

For example, the University often has a low rate of applications from women for academic and academic-related offices in certain. Equal employment opportunity is a broad-reaching concept that essentially requires employers to make: It can enforce employment laws for employers in public workplaces but private workplaces are beyond its jurisdiction.

It refers to the preferential treatment that File Size: KB. Lisa Geesh is a U.S. senator who supports policies that give preferential treatment to disadvantaged groups in employment and education.

She is concerned with: a.) equality of opportunity. International Labour Standards on Equality of opportunity and treatment No society is free from discrimination. Indeed, discrimination in employment and occupation is a universal and permanently evolving phenomenon.

Equal opportunity employment practices generally involve adhering to federal, state and local laws that prohibit discrimination and harassment in the workplace. However, employers with a broad vision of what it means to provide equal opportunities to potential and current employees create numerous -- not unconventional per se -- ways to level.

The American people are now beginning a great debate over the use of race and gender preferences by federal, state, and local governments. Ina majority of voters in California, including 29 percent of blacks, approved the California Civil Rights Initiative prohibiting preferential treatment in public employment, education, and.

Instead, they supported preferential treatment for women, particularly affirmative action preferences in state jobs and preferences for woman-owned businesses in public contracting.

Constitution oflndia, Article 16 reads: Equality ofopportunity in matters ofpublic employmeniz 1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

4) Nothing in this article shall prevent the State from making any provision for the reservation of. It would thus appear that, while the employers who do attempt to use positive action feel comfortable with the less controversial measures involving outreach, encouragement and training in order to create equality of opportunity, they are far less willing to consider moving into the realms of preferential treatment as permitted by section Equality and preferential treatment.

Although it should go without saying (especially since I make such a disclaimer in the index page), the following is heavily. The law’s goal was equal treatment under the law, and the language of the amendment reflected that simple message: “The State shall not discriminate against or grant preferential treatment.

(1) An affirmative action program is a management tool designed to ensure equal employment opportunity. A central premise underlying affirmative action is that, absent discrimination, over time a contractor's workforce, generally, will reflect the gender, racial and ethnic profile of the labor pools from which the contractor recruits and selects.

Promote equal opportunity for all Governor Locke should require all state agencies, departments, boards, and commissions that encouraged or granted preferential treatment before the passage of Initiative to submit recommendations on how to promote equal opportunity for all regardless of race, sex, color, ethnicity or national origin.

Economic equality does not indicate that equal treatment or equal reward or equal wages for all. It denotes to fair and adequate opportunities to all for work and for earning of their livelihoods.

It also means that primary needs of all should be fulfilled before the special needs of few are gratified. Discrimination, preferential treatment prohibited.

(1) The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.

It states that preferential treatment policies deny white males the equal respect and consideration that is their due. This is at the heart of reverse discrimination. What are the reasons for denying equal opportunity to white men ethically different from the reasons for past discrimination.

His bill, HBstated that, "neither the state of Washington nor any of its political subdivisions or agents shall use race, sex, color, ethnicity, or national origin as a criterion for either discriminating against, or granting preferential treatment to, any individual or group in the operation of public employment, public education, or.

Preferential treatment is an emergency device: it gives redress to victims of injustices committed in violation of the principles of desert and/or of basic needs, which have been discussed earlier in this book.

It tries to remove some of the consequences of existing injustices rather. In speaking about equality, Americans usually mean _____.

a leveling of income so that nobody is either rich or poor b equality of condition c preferential treatment for the economically disadvantaged d equality of opportunity. Initiative Measure No. would add new provisions to state law.

It would prohibit state and local agencies from discriminating against, or granting preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.

Part 2 Act’s equal employment opportunity purpose 4 Act’s equal employment opportunity purpose and how it is to be achieved (1) The purpose of the Act is to promote equality of employment opportunity in the public sector.

(2) This purpose is to be achieved by— (a) requiring an agency to take the steps set out in Division. Affirmative action is a good public policy, because without it, there would be no minorities in the workplace.

I here people saying, that you should be hired by your qualification, but what if you have all the necessary qualification but because you are a minority you don't get hired because of.

Equal opportunity is a state of fairness in which job applicants are treated similarly, unhampered by artificial barriers or prejudices or preferences, except when particular distinctions can be explicitly justified.

The intent is that the important jobs in an organization should go to the people who are most qualified – persons most likely to perform ably in a given task – and not go to. R would affirm a new law the Legislature passed this spring that seeks to guarantee equal opportunity and access to public institutions and business without discrimination based on race, sex.

Prohibition Against Discrimination or Preferential Treatment by State and Other Public Entities Background. The federal, state, and local governments run many programs intended to increase opportunities for various groups--including women and racial and ethnic minority groups.

These programs are commonly called "affirmative action" programs. The Evolution of Workplace Diversity Chapter 2 Finally, companies have realized that creating a diverse workplace is only the first step.

Managing the relationships of a diverse workforce and ensuring that its members communicate and get along with one another is also Size: 75KB. Preferential treatment Designed to benefit those who are members of groups that have been discriminated against in the past.

The idea here is that being a member of a group is a sufficient reason to treat someone in a special way. As people often say that the devil is in the details, let’s peel into the fine prints of I Initiative ’s Concise Description states: “This measure would allow the state to remedy discrimination for certain groups and to implement affirmative action, without the use of quotas or preferential treatment (as defined), in public education, employment, and contracting.”.

Strong affirmative action supports preferential treatment. true Supporters of strong affirmative action use the analogy of veterans receiving preferential treatment in civil service employment to show that all who benefit from compensatory justice must be equally deserving of it. The term preferential treatment refers to forms of recruitment, appointment, hiring, and promotion that give preference to (members of) groups previously or presently affected by discrimination.

Preferential treatment is often called “affirmative action.” But whether the two terms are synonymous will depend on the narrowness or broadness of the definitions used. Affirmative action was first created from Executive Orderwhich was signed by President John F.

Kennedy on 6 March and required that government employers "not discriminate against any employee or applicant for employment because of race, creed, color, or national origin" and "take affirmative action to ensure that applicants are.Equal Employment Opportunity prohibits discrimination against anyone.

It attempts to ensure that all applicants, males-females and all races have a fair opportunity in a hiring process, in competing for promotions, and equal access to training/professional development opportunities.

As for Affirmative Action, it is a remedy to address past. The initiative overturned I fromwhich banned preferential treatment based on race, sex, color, ethnicity or national origin in public education, employment and contracting.

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