Diversity Works for London
Diversity Works for London
Direct discrimination consists of treating a person less favourably than others are or would be treated, on the grounds of race, sex, disability, religion or belief, sexual orientation or age. It includes instruction and pressure to discriminate, harassment, victimisation and racial segregation. The law is not interested in the employer's motives. Provided that a claimant puts forward facts which appear to support a claim of discrimination, a tribunal will uphold the complaint unless the employer has a reasonable explanation. It is the employer's responsibility to be familiar with the legislation.
This includes practices which look fair but have discriminatory side effects, which may or may not be intended. It applies when an apparently neutral provision, criterion or practice disadvantages members of one group relative to others. Such discrimination is unlawful unless the provision, criterion or practice can be objectively justified by a legitimate aim, such as the requirements of the job. A tribunal will also consider whether the means used is appropriate and necessary. An example of indirect discrimination would be a criterion for promotion being 5 continuous years service – this could indirectly discriminate against women who are more likely than men to have taken a break in their career to have and raise children.
Positive discrimination refers to the preferential treatment of members of a minority group over members of a majority group (e.g. females over males, or Asians over Whites). Preferential treatment for members of a minority group is unlawful unless it is part of a Positive Action process or there is a Genuine Occupational Requirement.
