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| Home > Discrimination |
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What are the forms of discrimination? |
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There are two basic forms of discrimination.
Indirect and direct.
Direct discrimination is when an employee or prospective employee
is less favourably treated because of their race or sex.
This tends to be obvious discrimination, for example, a female
candidate with the best qualifications and experience does not
get an interview.
Or, if she is already in a job, she is ignored for promotion,
the job going to a less qualified male worker.
An employer cannot argue that it was not their intention to discriminate,
the law only considers the end effect.
In-direct discrimination is a more complicated form of discrimination.
An Employment Tribunal will look at 3 factors.
1. The amount of people from a racial group or of one sex that
can meet the job criteria is considerably smaller than the rest
of the population.
2. The criteria cannot actually be justified by the employer
as a real requirement of the job. So a candidate who cannot meet
the criteria could still do the job as well as anyone else.
3. Because the person cannot comply with these criteria they
have actually suffered in some way because of it. This seems
obvious, but a person cannot complain unless they have lost out
in some way.
With Indirect Discrimination an employer can argue that there
may be discrimination, but that it is actually required for the
job.
This does not happen very often, but circumstances where it might
occur are, for example, actors who are needed to play certain
characters for authenticity. The same can be true for restaurants,
for example an Indian restaurant will want Indian staff rather
than white staff.
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