For an Indirect Discrimination - Law Teacher.
Indirect Discrimination Explained. Indirect discrimination at work is where a provision, criterion or practice is introduced that affects everybody but puts or would put employees with a protected characteristic at a particular disadvantage compared to others. The intention is not relevant in the Tribunal’s decision of whether an employer is.
Indirect discrimination occurs when a law, policy or programme does not appear to be discriminatory, but has a discriminatory effect when implemented. This can occur, for example, when women are disadvantaged compared to men with respect to the enjoyment of a particular opportunity or benefit due to pre-existing inequalities. Applying a gender-neutral law may leave the existing inequality in.
Indirect discrimination. Indirect discrimination is the legal term that describes situations which occur when an organisation, like the University, or a member of staff at the University, makes a decision, or puts in place a particular policy, practice or procedure, which appears to treat everyone equally, but which in practice leads to people from a particular protected group being treated.
It includes an analysis of the case law on direct as well as indirect discrimination and covers the cases which are linked to Article 157 TFEU, the Framework and Recast Directives (excluding equal pay for equal value and social security law). Since the year 2000, the material and personal scope of EU non-discrimination law has been significantly broadened and has challenged national courts to.
Under the Equality Act 2010, a type of discrimination that occurs where A applies to B an apparently neutral provision, criterion or practice that A would apply equally to others, but which puts or would put those who share B's protected characteristic at a particular disadvantage. Unlike most forms of direct discrimination, indirect discrimination can be objectively justified if the PCP is a.
Indirect discrimination occurs when there is an unreasonable rule or policy that is the same for everyone but has an unfair effect on people who share a particular attribute. Example: It could be indirect sex discrimination if a policy says that managers must work full-time, as this might disadvantage women because they are more likely to work part-time because of family responsibilities.
For information on direct discrimination generally, see Practice Note: Direct discrimination. In the context of the protected characteristic of sex, examples of indirect discrimination might include: an employer specifying that all workers must be at least 1.7 metres tall, which would disqualify more women than men and therefore be potentially indirectly discriminatory.