Indirect Discrimination?
GUIDANCE NOTE
WHAT IS INDIRECT DISCRIMINATION?
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.
Racial group means a group of people defined by their race, colour, nationality (including citizenship) ethnic or national origins.
Victimisation means treating someone less favourably because they have made a complaint of discrimination (a "protected act"), or are thought to have done so; or because they have supported someone else who has made a complaint of discrimination.
Vicarious liability is the legal basis whereby an institution may become legally liable for the acts of its employees or agents. This can apply even where the institution had no knowledge of the acts and where, if it had been aware, it would disapprove or have disapproved of the acts in question.
Examples :
• The number of people from a racial group or of one sex that can meet the job criteria is considerably smaller than the rest of the population owing to unnecessary and unjustifiable criteria in relation to language ability, age, length of experience.
• The criteria cannot actually be justified by the employer as a real requirement of the job. So a candidate who cannot meet the criteria could still do the job as well as anyone else. This might include part time workers or job sharers where the criterion imposed is the ability to work full- time.
• A policy or practice creates a substantial disadvantage for a disabled person.
WHAT IS INDIRECT DISCRIMINATION?
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.
Racial group means a group of people defined by their race, colour, nationality (including citizenship) ethnic or national origins.
Victimisation means treating someone less favourably because they have made a complaint of discrimination (a "protected act"), or are thought to have done so; or because they have supported someone else who has made a complaint of discrimination.
Vicarious liability is the legal basis whereby an institution may become legally liable for the acts of its employees or agents. This can apply even where the institution had no knowledge of the acts and where, if it had been aware, it would disapprove or have disapproved of the acts in question.
Examples :
• The number of people from a racial group or of one sex that can meet the job criteria is considerably smaller than the rest of the population owing to unnecessary and unjustifiable criteria in relation to language ability, age, length of experience.
• The criteria cannot actually be justified by the employer as a real requirement of the job. So a candidate who cannot meet the criteria could still do the job as well as anyone else. This might include part time workers or job sharers where the criterion imposed is the ability to work full- time.
• A policy or practice creates a substantial disadvantage for a disabled person.