what is an example of indirect discrimination
Sure, we might discriminate against others (which is an awful thing to do). Indirect discrimination happens when a certain policy or regulation appears to deal with all people equally but has the result of affecting a certain number of people in a negative, unfair manner. The lines or networks operated by tramcars as public transport are called tramways or simply tram/streetcar. For example, an employer requires everyone to be at work by 8.20 am every morning. A company has a policy that allows only employees with a postgraduate qualification to be promoted. Enrique, a Spanish national living in the UK, applies for an account manager position at a marketing agency. Generally speaking, it occurs when a rule or plan of some sort is put into place which applies to everyone; and is not in itself discriminatory but it could put those with a certain protected characteristic at a disadvantage. This rule applies to all their customers regardless of their protected characteristics. The Equality Act says you’ve been treated less favourably. With an extensive range of printing services including large format and small format digital printing, it’s our ambition to support the growth of our customers organisations and businesses.. This could be indirect discrimination, as one group of people who share the protected characteristic of age are particularly disadvantaged compared to another group. What does it mean to have power of attorney? Example: indirect discrimination. This rule applies to everyone in the workplace but a person who needs nightly dialysis for kidney failure is discriminated by this rule (indirect. Unnecessary Clothing Rules. Discrimination is an action, decision or policy that denies an individual or a group a benefit, or affects them negatively based on one or more of the grounds of discrimination identified in the Act. The job advert gives “native English speaker” as a requirement, but Enrique is bilingual and meets all the other requirements. Registered number 01436945 England Registered office: Citizens Advice, 3rd Floor North, 200 Aldersgate, London, EC1A 4HD. Unless there is a statutory exception, direct discrimination cannot be excused or defended. A good example of indirect disability discrimination is requiring a driving license for the job post, which automatically puts disabled persons in a disadvantageous position. Examples of Direct Discrimination Here is the example of direct discrimination on the basis of less favourable treatment. Registered charity number 279057 VAT number 726 0202 76 Company limited by guarantee. Your optician has a rule which allows payment for glasses by instalments for those in work. These … Indirect discrimination is when you treat an employee the same as everybody else, but it has a negative effect on them. This is direct discrimination. Find out more about direct and indirect discrimination. Therefore, there is no argument from an employer or another individual that it was not their intention to discriminate. Price discrimination can benefit firms with high fixed costs associated with the building of infrastructure, and its maintenance. But it's not always the case. A practice, policy or rule can be formal or informal. 3. Discrimination based on caste is similar; because caste is hereditary, ... For example, in the north, an indirect policy of rule settled a new way of life between the colonizing government and the Fulani- Hausa ruling class. Circumstantial Evidence (Indirect Evidence) Circumstantial evidence can include anything other than direct statements from your employer that allow for the assumption of discrimination. In other forms of discrimination usually only indirect discrimination can be justified. In this situation, you are being treated in a different way because of some protected characteristics. race. This is known as objective justification. The Equality Act says it’s not indirect discrimination if the person applying the practice, policy or rule, can show there’s a good enough reason for it. If an employer treats all of his employees unfairly, employees cannot argue that they have been discriminated against. Example: It could be indirect disability discrimination if the only way to enter a public building is by a set of stairs because people with disabilities who use wheelchairs would be unable to enter the building. Example of indirect discrimination Another example of direct discrimination could be if you turn an employee down for a promotion purely because they’re pregnant. Direct discrimination is unlawful under federal discrimination laws if the discrimination is based on protected characteristics, such as a person’s race, sex, pregnancy, marital status, family responsibilities, breastfeeding, age, disability, sexual orientation, gender identity or intersex status. Claiming compensation for a personal injury, Help for victims of rape and sexual violence, Keeping your family in the UK after Brexit, Getting a visa for your spouse or partner, Discrimination in health and care services. When dealing with direct discrimination the law simply looks at the end effect of the actions. Indirect discrimination is usually less obvious than direct discrimination and is normally unintended. In the case of racial discrimination this is extremely unusual and might be limited to occupational requirements such as an actor with a dark complexion being required to take a particular role in a play. Indirect pregnancy discrimination occurs when there is a requirement or practice that is the same for everyone but has an unfair effect on pregnant women. For example, it’s common knowledge that Sunday is a day of worship for Christians. Employees might face indirect discrimination in the workplace because of following personal attributes: An employer may discriminate an individual because of his or her personal characteristics. if(typeof __ez_fad_position != 'undefined'){__ez_fad_position('div-gpt-ad-businesstopia_net-medrectangle-4-0')};Also, the employer has to treat the individual less favorably than another individual who does not possess the same personal characteristic. This means you can take action in the civil courts. Discrimination occurs where someone is treated less favourably due to a particular protected attribute, even if the treatment isn’t openly antagonistic – for example, not getting a promotion because you are pregnant, or being the subject of “joking banter” by reference to that protected attribute – and even where it is indirect – for example an employer may say they are open to employing people … A person working at a customer service... 3. In this case, the EAT held that an employer's need to balance the rights and needs of its workforce can be a legitimate aim to be used in a justification defence. Indirect discrimination Indirect discrimination is the application of a provision, criterion or practice which discriminates against a person with a protected characteristic. There is precedent for this type of indirect discrimination case. Indirect discrimination Occurs when you’re treated in the same way as everyone else, but it has a different or worse effect on you because of who you are. It also places women generally at a disadvantage, as they’re more likely to be the carers of children. Indirect discrimination is often subtle and, in some cases, may be unintentional. discrimination. At other times, it may be necessary to use the help of an expert. Indirect discrimination occurs when there is a rule or policy that is the same for everyone but has an unfair effect on people with a protected attribute. The practice, policy or rule applies to a certain group of people in the same way regardless of who they are. Employees whose first language is not English may be at risk. All rights reserved. Please tell us more about why our advice didn't help. The facts. Discrimination attributed to racism and sexism are the most frequently studied; however there is a growing body of work measuring the impact of discrimination … Example of indirect discrimination An outdoor centre provides a variety of activities from walks on gravelled areas to ones involving strenuous physical activities. For indirect discrimination to occur, the individual claiming discrimination must be personally at a particular disadvantage. It can still be indirect discrimination if something would normally disadvantage people sharing your characteristic. This may also be called unintentional discrimination or discriminatory policies. Such a requirement would likely discriminate disproportionately against women (and some minority ethnic groups) as they are generally shorter than men. You can find out more or opt-out from some cookies. The word discrimination was mostly used in American Civil war for the practice of prejudicial treatment of blacks by whites. For example, a real estate agent tells an Aboriginal person they have no properties for rent but tells a Caucasian person that they do, this may be direct discrimination. But Gypsies and Travellers are less likely to be on the electoral register and therefore they’ll find it more difficult to join. In law, it is where a provision, criterion or practice is applied equally to a group of employees/job applicants, but has (or will have) the effect of putting Examples of indirect discrimination could be: An employer introduces a new dress code to the workplace. For example , it maybe indirect discrimination if a policy says that all employees must wear a particular uniform if it is difficult for a pregnant employee to wear that uniform. This may be as a result of a certain practice, policy or rule that applies to everyone in the same way, but has a detrimental effect on you because of a characteristic that you have. Comparators in direct discrimination cases, Absence from work because of gender reassignment, Discrimination connected to your disability, Duty to make reasonable adjustments for disabled people, Making or telling someone to discriminate. What is an example of indirect discrimination? It makes no difference whether anyone intended the policy to disadvantage an individual or not. As part of the rules, they decide to prohibit cornrow hairstyles. If there is a rule or policy in the workplace that puts you at a disadvantage as compared to others, it may be considered indirect discrimination. Advice for people affected by child abuse. Direct Discrimination Direct discrimination is the legal term that applies if you treat someone less favourably than someone else has been treated (or would be treated) because the person belongs to one of the protected groups. After interview, he is rejected as a non-native English speaker. Price discrimination is distinguished from product differentiation by the more substantial difference in production cost for the differently priced products involved in the latter strategy. Indirect discrimination refers to situations where a workplace policy, provision, criteria or practice puts people of a particular sexual orientation or gender identity at a disadvantage when compared to others of a different sexual orientation or gender identity. 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. However, employees who practice certain religions may be unable to work the requisite weekend hours because of commitments to religious practices. Indirect discrimination is where you complain that the discriminator is treating you the same as everyone else and it puts you at a disadvantage because of your disability. On the face of it, this might seem like age discrimination, given an older person could be less physically capable than a younger person, and could potentially also be an example of indirect disability discrimination. Indirect discrimination happens when there is an unreasonable requirement, condition or practice that disadvantages a person, or a group of people, because of a personal characteristic. disability. One startling conclusion from this line of research is the frequency with which discrimination is reported. It’s difficult for you to do this because you’re a woman with young children. Banning particular foods in the office kitchen can be done for a number of valid reasons. For example, you did not get the job because it requires all workers to have a driver’s licence. Indirect discrimination means that a person in a protected class is subject to inferred discrimination or somehow disadvantaged by employment policies in a way that the broader group of employees is not. NHS Choices - Information on hospitals, conditions and treatments. Direct discrimination is when you are treated unfairly because of a characteristic you have, or you are assumed to have, that is protected by New South Wales law. What are the different types of discrimination? This could disadvantage people who wear religious clothing - but the activity centre can justify the policy for health and safety reasons. A company practice or policy includes employment criteria, workplace arrangements, conditions, qualifications, provisions etc. This clause therefore places you at a particular disadvantage. If something only applies to some people who all have the same protected characteristic, it would be direct discrimination. This is known in legal terms as objective justification. Harassment. Learn more. The company may require employees to work certain times over the weekend; this request is considered neutral, as it applies to all employees. Sometimes, you can rely on common knowledge to show how some people are disadvantaged. Direct discrimination can be because of: age. [113] [87] Another example of indirect discrimination would be where an employment agency screens out people with disabilities from recruitment processes at the request of an employer. gender reassignment. pregnancy and maternity. Indirect discrimination. If this happens, the person or organisation applying the policy must show that there is a good reason for it. Denying these individuals a promotion, training, or setting them the adverse employment terms and conditions. You can find useful information about discrimination on the EHRC website at. Discrimination which is against the Equality Act is unlawful. Asking about protected characteristics when recruiting This is the pool for comparison. For example, a factory makes all employees start at 6am. Is there anything wrong with this page? For example, if you’re Jewish and observe the Sabbath, you can’t work on Saturdays. A health club only accepts customers who are on the electoral register. Being treated unfairly because of your association with someone else who has a protected characteristic may also amount to discriminatory behaviour. For example, stereotyping all people of Hispanic origin and having a biased attitude towards them is a classic example of discrimination based on racial affinities. Indirect age discrimination examples can confuse some employers. Examples of direct discrimination are: Dismissing the staff member with protected characteristic. The Equality Act 2010 calls this indirect discrimination. These apply to all the employers of a company in the same way. Indirect discrimination can happen when there are rules or policies that apply to a group of employees or even job applicants, but in practice are less fair to a certain protected characteristic. As one of the UK’s leading printing companies we pride ourselves on excellent customer service and great value print. Brochures and pamphlets containing information about workplace health and safety in a factory is printed only in English. Indirect discrimination This type of discrimination is usually less obvious than direct discrimination and can often be unintended. Age is defined as including age group. Suppose you are a saleswoman and you told your employer that you want to live your remaining life as a man. Although this rule applies to everyone, it disadvantages younger people who are less likely to have that qualification (indirect, Employees are required to work full time as per company criteria but female employees, who are the primary caregiver to their children, may need to work part-time or have flexible work hours (indirect, Employees are required to do night shifts according to company policy. For example, if your workplace has a dress code or rules on appearance which applies to everyone, it may indirectly discriminate against you if you follow a particular religion or are genderqueer. Jewish employees who observe the Sabbath may not be able to work on Saturdays, which puts them at an disadvantage. Discrimination arising from a disability . What is indirect discrimination? The Age Discrimination Act 2004 (Cth) prohibits both direct and indirect discrimination on the ground of age. 5 Examples of Indirect Discrimination in The Work Place 1. Discrimination is the ability to distinguish differences between people or things. The rule seems fair, but it has a worse effect on this particular group of people. Because of this the North falls behind the South and West on education development which causes racial malignity. 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. They would need to be able to prove this in court, if necessary. This is a neutral rule which affects everyone in the shop. Indirect discrimination comes in the form of your company rules, policies or practices that may discriminate against a particular group. Employees may be required to work on Saturdays as per company rule. This could amount to indirect race discrimination as it is more likely that these hairstyles will be worn by certain racial groups. This could be indirect discrimination against Gypsies and Travellers because of the protected characteristic of race. The claimant was a single mother with three young children. What’s important is that it applies to everyone in the same way, that it’s neutral. Indirect discrimination refers to situations where a company policy, practice, provision or rule places people with shared personal characteristic or someone personally at a disadvantage. This is when there is a rule or requirement that is the same for everyone but unfairly affects transgender people. The law which says you mustn’t be discriminated against is called the Equality Act 2010. An example of direct age discrimination is where an employer refuses to shortlist a prospective job candidate because they are considered ‘too old’ for the job. It occurs when a particular group of people is put at a disadvantage by company policies or … An example of indirect discrimination is an employer stating that all employees must work on Saturdays – even those of the Jewish faith, for whom it is a religious day. You can find out more or opt-out from some cookies, Coronavirus – check what benefits you can get, Coronavirus – getting benefits if you’re self-isolating, Coronavirus – check if there are changes to your benefits, Coronavirus - being furloughed if you can’t work, Coronavirus - if you have problems getting your furlough pay, Coronavirus - if you're worried about working, Coronavirus - if you need to be off work to care for someone, Template letter to raise a grievance at work, If you can’t pay your bills because of coronavirus, If you want a refund because of coronavirus, Coronavirus - if you have problems with renting, Renting from the council or a housing association, Living together, marriage and civil partnership. Published 4 October 2016. their experiences with discrimination in the workplace, in their search for housing, and in other everyday social settings (Schuman et al. 2. the person applying the policy, practice or rule can’t show there’s a good enough reason for it. This means you can take action in the civil courts.Indirect discrimination is when there’ For example – an organisation includes a clause that forces all employees to work on Sunday. In order to save money it does not produce an easy-to-read version of the flyer. Say you have a practice, policy or rule that applies to every employee in the same way. For example, an activity centre says customers must wear protective helmets and clothing for some activities. Accordingly, an act of discrimination does not have to be linked to an exact age but can be related to the age group of a person. When you discriminate against something, you often treat it as inferior or worse in some way. For example, your employer excludes you from a training course because she thinks you’re too old. For detailed information on how to identify systemic discrimination, see section 4.1 of the OHRC’s Policy and guidelines on racism and racial discrimination. It occurs when a particular group of people is put at a disadvantage by company policies or practice which applies to everyone. In some limited circumstances, indirect discrimination may be justified if it is necessary for the business to work. Indirect Discrimination occurs when there is a particular policy that affects persons with disabilities unequally. Read this page to find out more about indirect discrimination. For example, a … In what areas is transgender discrimination against the law? Their policy says they will only let people do the activities if they have a medical certificate of good health. Sometimes discrimination can be easy to spot - for example, if a hotel turns you away because you’re gay. Advice can vary depending on where you live. Citizens Advice is an operating name of the National Association of Citizens Advice Bureaux. You can only challenge a practice, policy or rule which you think is indirectly discriminatory if it affects you personally. Indirect discrimination and flexible working: needs of other employees can justify indirect discrimination. So a rule forcing staff to work on Sundays would put Christians at a particular disadvantage. You’re not working because you’re a pensioner and so are not allowed to pay by instalments. Read what we're saying about a range of issues. For example, an employer may reject an applicant with a severe back problem where heavy manual lifting is an essential part of the job. This is also discrimination. Sometimes, you may need to use statistics to show how people are disadvantaged by the policy, practice or rule. Examples of indirect discrimination in terms of race could include prohibiting certain hairstyles in your workplace. Indirect discrimination examples If an employer makes it mandatory for employees to work a given number of Saturdays per month, this would be indirect discrimination on the grounds of religion - since Saturday is a religious day in Judaism (putting Jewish workers at a disadvantage). The job advert gives “native English speaker” as a requirement, but Enrique is bilingual and meets all the other requirements. One example of indirect discrimination is a company setting a weekend work policy. Being a pensioner falls under the protected characteristic of age. Unlike direct discrimination there is a defence to indirect discrimination of objective justification. Indirect discrimination can be lawful if the trader has a good reason for the policy. Other forms of discrimination in the workplace. These policies may appear neutral, but they may qualify as discrimination if they disproportionately harm certain people. Direct discrimination is when you’re treated differently and worse than someone else for certain reasons. This is called direct discrimination. However, if the employer proves that such a requirement is justified, then he or she won’t be at fault. Examples of Discrimination Interestingly, discrimination doesn't always have to take on a negative connotation. Employers may be able to justify indirect discrimination by showing that their policies and rules can be objectively justified for example, for health and safety reasons. For example, where a person misses out on a promotion because they are pregnant, or where a person is subjected to a racial comment in the workplace. Employers must also be able to show that the unfavorable treatment was “a proportionate means of achieving a legitimate aim.”, Cite this article as: Shraddha Bajracharya, "Indirect Discrimination in the Workplace," in, https://www.businesstopia.net/human-resource/indirect-discrimination-workplace-examples, Challenges and Issues in Human Resource Management, Personnel Management v/s Human Resource Management, How to Motivate Employees at the Workplace, Intrinsic and Extrinsic Rewards with Examples, Steps Involved in Effective Recruitment Process, 10 Common Behavioral Interview Questions and Answers, 10 Common Interview Questions and Answers, 4 Major Types of Interview You Should Be Prepared for, How to Answer Behavioral Interview Questions, Disability Discrimination in the Workplace, Pregnancy Discrimination in the Workplace, Nationality Discrimination in the Workplace, Relationship to someone who may be discriminated against. 2001). This is when you’re treated differently simply because of who you are. Refusal or denial to employ such professionals even though they have the required skills for the job. The likelihood of obtaining direct evidence of discrimination is extremely slim. Indirect discrimination is also against the law. Examples of Discrimination. When the company policy or practice that applies to everyone is discriminatory against some individuals, it is indirect discrimination. Thank you, your feedback has been submitted. On the basis of age, however, employers may have an objective justification defence if, for example, they give older workers a better redundancy deal, as this would reflect the extra difficulties older workers face when losing their jobs. Transgender discrimination is against the law in certain public places, including: But there are other times when you may be treated in the same way as everybody else, but it has a different and worse effect on you because of who you are. The Equality Act says it puts you at a particular disadvantage. All offices do institute clothing policies. Indirect discrimination can sometimes be lawful. It might seem impossible to you that all custom-written essays, research papers, speeches, book reviews, and other custom task completed by our writers are both of high quality and cheap. For example, someone is not offered a promotion because they're a woman and the job goes to a less qualified man. You could challenge the clause because it affects you personally, even if you’ve not been asked to travel at short notice yet. Direct discrimination is when someone is treated unfairly because of a protected characteristic, such as sex or race. Now, that probably sounds like a good thing. Example: indirect discrimination Enrique, a Spanish national living in the UK, applies for an account manager position at a marketing agency. It is not enough for them to say that they have been discriminated because of the protected personal characteristics. Something can be indirect discrimination if it has a worse effect on you because of your: The Equality Act calls these protected characteristics. Find out how to complain about your doctor or health visitor. Indirect discrimination occurs when a policy applied to everyone has a harmful effect on certain protected groups. It also disadvantages other pensioners who want to buy glasses by instalments. It can be a one-off decision or a decision to do something in the future. For example, you could have a rule that all employees in a shop must work on Saturdays. There are three types of harassment relating to sex. Pregnancy-related discrimination means any action, decision, or policy that negatively affects a woman as a result of her pregnant status. For example, banning cornrows or dreadlocks would be more likely to affect certain racial groups than others. Indirect sex discrimination can be permitted if the organisation or employer is able to show that there is a good reason for the policy. disadvantage definition: 1. a condition or situation that causes problems, especially one that causes something or someone…. Discrimination which is against the Equality Act is unlawful. An example of an exception is the ability to treat a This includes natural monopolies such as gas, electricity supply, and transport services. Let us know, Copyright ©2021 Citizens Advice. It includes things like arrangements, criteria, conditions, qualifications or provisions. A regular policy seems neutral and harmless, but it has a discriminatory result … If you have experienced discrimination, you can get help from the EASS discrimination helpline. It could also include denying an existing employee a training opportunity, or even promotion, because of their age. Remember, indirect discrimination is when: The law which says you mustn’t be discriminated against is called the Equality Act 2010. Cheap paper writing service provides high-quality essays for affordable prices. It doesn’t matter that there aren’t any other Jewish people who work in the same shop. Within this group, some people with a particular protected characteristic may be put at a particular disadvantage by the rule. We use cookies to improve your experience of our website. An example of indirect discrimination, may be a minimum height requirement for a job where height is not relevant to carry out the role. Indirect Discrimination When there is a practice, condition, policy, or rule that applies to everyone but inadvertently puts people with one or more of the protected characteristics at a disadvantage, it is considered indirect discrimination. Indirect Discrimination. Price discrimination is a microeconomic pricing strategy where identical or largely similar goods or services are sold at different prices by the same provider in different markets. An example would be a job advertisement for a cleaner with six years’ experience. Historically the terms electric street railways and trolley (not meaning trolleybus) were also used in the United States.