Answer to Question #229993 in Management for ELIZABETH MOGOLANE

Question

Distinguish between differentiation, discrimination and unfair discrimination by giving examples from situations in the classroom that would constitute differentiation, discrimination and unfair discrimination respectively. [20]

Answer 1

Discrimination is defined as any act that degrades someone's dignity or has a substantial negative impact on another.

Mere differentiation refers to all forms of unequal treatment that do not come within the category of discrimination. The sole criterion for mere differentiation to be constitutionally acceptable is that it be rational.

Three primary elements determine whether or not discrimination is unjust:

1.     The complainants' position in society.

2.     The nature and purpose of the provision or power.

3.     The extent to which the rights or interests of the plaintiff have been harmed.