Objective Justification is the justification which can be accepted by law in a case where employers discriminate among applicants for selection to particular position. The employers are answerable and have to cite definite reasons so that there is never any unfair or unbiased discrimination towards any employee or individual.
Various countries like UK, US, India discourage discrimination in employment in terms of gender, caste, creed, disability etc. If employer is proved for discrimination on these basis then legal action can be taken against such employers.
But law allows discrimination which are demanded by the nature of job duties or conditions in which person occupying that particular role has to work. These necessary conditions needs to be proved in court by the employer. Such discrimination will not be counted as violation of equal opportunity act.
For the post senior manager if employer says 12 years’ experience is must. But a woman candidate who took break from work for the purpose pregnancy for one and half year is not considered by employer. This can be discrimination based on gender. Employer can justify this in court citing objective reasons and challenges demanded by role.
For the position of security guard in corporate office/banks, employers prefer young person as against person who has more experience. This discrimination can be justified on the fact that job of security person demands agility and fitness. A senior person at times may not be agile enough to take quick actions. This discrimination will hold good in case there is large age gap exist between two applicants.
Concept of Legitimate Aim in Objective Justification:
It is the logical explanation given for justifying discrimination. It must be shown as business need by the employer. Discrimination to justify cost reduction in itself may not be sufficient legitimate aim. Finally it is for the court to decide which reasoning is legitimate aim with given context.
Objective Justification provide employer a tool to justify discrimination on logical business need and not favouring particular section of society.
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