The different types of discrimination include direct discrimination and indirect discrimination.
Understanding Direct and Indirect Discrimination
Discrimination occurs when someone is treated unfairly based on certain characteristics. Two primary forms of discrimination are:
Direct Discrimination
- Definition: Direct discrimination happens when a person is treated less favorably than another person in a similar situation because of a protected characteristic. The reference defines this as "treating someone with a protected characteristic less favourably than others."
- Example: Refusing to hire a qualified candidate because they are pregnant is an example of direct discrimination based on pregnancy, a protected characteristic.
Indirect Discrimination
- Definition: Indirect discrimination involves a rule or policy that applies to everyone but disproportionately disadvantages those with a protected characteristic. The reference describes this as "putting rules or arrangements in place that apply to everyone, but that put someone with a protected characteristic at an unfair disadvantage."
- Example: A company has a policy requiring all employees to be available to work on Saturdays. This may disproportionately disadvantage employees of particular religious faiths that observe a day of rest on Saturdays. If this policy is not justifiable it could be an example of indirect religious discrimination.
Comparing Direct and Indirect Discrimination
| Feature | Direct Discrimination | Indirect Discrimination |
|---|---|---|
| Definition | Treating someone less favourably due to a protected characteristic. | Applying a rule that disadvantages people with a protected characteristic. |
| Intent | Often intentional and explicit. | Can be unintentional but still discriminatory in impact. |
| Focus | Directly targets a specific individual/group. | Focuses on a rule or policy that has a discriminatory impact. |
Protected Characteristics
Protected characteristics are factors that legislation guards against discrimination. These characteristics vary by jurisdiction but commonly include:
- Age
- Disability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race
- Religion or belief
- Sex
- Sexual orientation
Addressing Discrimination
Identifying and addressing discrimination requires:
- Awareness: Educating individuals about what constitutes discrimination.
- Policy Review: Assessing policies for discriminatory impact.
- Reporting Mechanisms: Establishing channels for reporting discrimination.
- Accountability: Taking action when discriminatory behaviour is identified.
