The purpose of this study is to suggest an effective method of a prohibition of the Indirect Discrimination on the Sex Employment Equality Law in Korea.Today, disparate impact(indirect discrimination) is a new type of the sex discrimination in employm...
The purpose of this study is to suggest an effective method of a prohibition of the Indirect Discrimination on the Sex Employment Equality Law in Korea.Today, disparate impact(indirect discrimination) is a new type of the sex discrimination in employment. Direct discrimination or disparate treatment occurs where an employer simply treats some people less favourably or specifically exclude people than others on the basis of relevant personal characteristics such as race, color, religion, sex or national origin and so on. Indirect discrimination or disparate impact occurs where an employer uses a facially neutral employment practice that has an unjustified adverse impact on members of a protected class, even if he or she is not motivated by discriminatory intent.Sex discrimination against women in employment has been usually conducted in a way of a direct discrimination, for example, compulsory retirement after marrige or childbirth, discriminatory personnel system of female teller before the Sex Employment Equality Law was enacted in 1987. However, a new type of discrimination, which seems to be not intended but substantially a sex discrimination, has appeared since the enactment of the law.Definition of the indirect discrimination was prescribed in the law in 1999, However, it was still difficult to solve the problems of discrimination against women in employment due to the traditional patriarchal point of view in our society and limitation of role of the Anti-discrimination Committee such as the Human Rights Committee,It is dfficult for employee to get a proof of discrimination and also, it is rare for the court to admit the disparate impact for the cases of employment discrimination. Therefore, it requires a more effective method for the prohibition of disparate impact in order to achieve the equal opportunites in employment. This study examined the concepts of direct/indirect discrimination and compared both concepts. It also analyzed many cases and disparate impact theory in the States and examined the Korean Sex Employment Equality Law and some cases.Following can be suggested as an effective method for a prohibition of the indirect discrimination : correct a provision relating to indirect discrimination on the law, strengthen an affirmative action policy and role in relief of anti-discrimination committee, introduce the Class Action lawsuit against indirect discrimination in employment.