Quick Answer: Can Indirect Discrimination Be Justified?

What is an example of indirect discrimination?

An example of indirect discrimination, may be a minimum height requirement for a job where height is not relevant to carry out the role.

Such a requirement would likely discriminate disproportionately against women (and some minority ethnic groups) as they are generally shorter than men..

How can direct or indirect discrimination occur in the workplace?

When an individual is treated less favourably at work because of one (or more) of the protected characteristics listed above, this is direct discrimination. Examples of direct discrimination might include dismissal, refusal to employ someone, refusal to promote someone, or withholding benefits or training from them.

What is objective discrimination?

called “objective discrimination’ Equally important is “subjective discrimination: or the perception by a person that his or her own situation is discriminatory. NOTE: An earlier version of this article was presented at the annual meeting of.

What are the 3 types of discrimination?

Types of DiscriminationAge Discrimination.Disability Discrimination.Sexual Orientation.Status as a Parent.Religious Discrimination.National Origin.Sexual Harassment.Race, Color, and Sex.More items…

What is positive discrimination?

Let’s dive right in: positive discrimination in the workforce is the act of favouring someone based on a “protected characteristic”. This could be: Hiring someone with a disability in order to fulfill a quota. Promoting a specific number of people, simply because they share a protected characteristic.

What is the meaning of Victimisation?

Victimisation is defined in the Act as: Treating someone badly because they have done a ‘protected act’ (or because you believe that a person has done or is going to do a protected act). A ‘protected act’ is: Making a claim or complaint of discrimination (under the Equality Act).

Can discrimination positive?

Positive discrimination means treating one person more favourably than another on the ground of that individual’s sex, race, age, marital status or sexual orientation.

Can discrimination be justified?

The Equality Act says discrimination can be justified if the person who’s discriminating against you can show it’s a proportionate means of achieving a legitimate aim. If necessary, it’s the courts which will decide if discrimination can be justified.

Is indirect discrimination acceptable Behaviour?

Indirect discrimination is when there’s a practice, policy or rule which applies to everyone in the same way, but it has a worse effect on some people than others. The Equality Act says it puts you at a particular disadvantage.

What is indirect discrimination?

Indirect discrimination. Indirect discrimination happens when there is a policy that applies in the same way for everybody but disadvantages a group of people who share a protected characteristic, and you are disadvantaged as part of this group.

What is the difference between direct and indirect discrimination give two examples?

Direct discrimination occurs when somebody is treated unfavourably because of a protected attribute. Indirect discrimination occurs when a requirement (or rule) that appears to be neutral and the same for everyone in fact has the effect of disadvantaging someone because they have an attribute covered by the Act.

What is not covered by indirect discrimination?

Disability (including mental health complications). Gender reassignment. Marriage and civil partnership. Pregnancy and maternity (doesn’t apply to indirect discrimination).

What does objectively justified mean?

Objective justification gives a defence for applying a policy, rule or practice that would otherwise be unlawful indirect discrimination. … the aim must be a real, objective consideration, and not in itself discriminatory (for example, ensuring the health and safety of others would be a legitimate aim)

What is indirect discrimination in health and social care?

Indirect discrimination is when a healthcare or care provider has a practice, policy or rule which applies to all it’s patients and clients, but it has a worse effect on some people than others becuase of who they are. You can challenge indirect discrimination if it has a worse effect on you because of your: age.

What is indirect discrimination in childcare?

Indirect discrimination is when policies or practices affect a certain group of children more than others for no good reason. The groups protected by the legislation include groups defined by their gender, race, sexual orientation, religion or belief, or age.