Direct and Indirect Discrimination

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Direct and Indirect
Discrimination

Direct discrimination can be less favourable treatment, which includes harassment or bullying. Comparably similar legal definitions of indirect discrimination and harassment apply in respect of sexual orientation, religion, age, gender and disability. Most people understand direct discrimination. Indirect discrimination occurs where the effect of certain requirements, conditions or practices imposed by an employer or education provider has an adverse impact disproportionately on one group or other. Indirect discrimination generally occurs when a rule or condition, which is applied equally to everyone, can be met by a considerably smaller proportion of people from a particular group, the rule is to their disadvantage, and it cannot be justified on other grounds. The law applies to employers and providers of education or training

Direct discrimination
Direct discrimination occurs when a person is treated less favourably than another person because of a protected characteristic

Example:
A care home always gives smaller portions of food to women living in the care home and larger portions to men because they believe men have bigger appetites. This is irrespective of individual needs or preferences. This is direct discrimination against women living in the care home, on the grounds of sex.

Indirect discrimination
Indirect discrimination happens when there is a rule, a policy or even a practice that applies generally but which particularly disadvantages people who share a protected characteristic. Indirect discrimination can be justified if it can be shown that the rule, policy or practice is intended to meet a legitimate objective in a fair, balanced and reasonable way. If this can be shown it will be lawful. Before introducing a new rule or policy, commissioners and service providers should think about whether there is a way to meet their objectives which would not have a discriminatory effect...
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