Discrimination

Direct

Direct discrimination occurs when one person is treated less favourably than another is, has been or would be treated in a comparable situation. It can be blatant or subtle but simply means a difference in treatment simply because of sex/gender, race, age, religion or disability.

Indirect

This occurs where a provision, criterion or practice puts a person or particular group at a particular disadvantage and the employer cannot show that the apparently neutral provision, criterion or practise is a proportionate means of achieving the aim that the provision is aimed at achieving.

Victimisation

Occuring where a person is treated less favourably than another or suffers a detrement because they have brought proceedings under one of the anti- discrimination laws, given evidence in a tribunal, complained internally of discrimination or assisted someone else in their complaint.

Harassment

Where unwanted conduct occurs which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person.

Sex Discrimination – The Sex Discrimination Act 1975 makes discrimination unlawful on the grounds of an individuals:

  • Gender
  • Marital status
  • Civil partnership status
  • Gender reassignment
  • Pregnancy or maternity leave

Race Discrimination

The Race Relations Act 1976 makes discrimination unlawful on the grounds of:

  • Race
  • Colour
  • Nationality
  • Ethnic origin
  • National origin

Disability Discrimination

The Disability Discrimination Act 1995 makes it unlawful to discriminate either directly on the grounds that a person has a particular disability, or for a reason relating to a persons disability.

The definition of a disability within the DDA is “A physical or mental impairment that has a substantial or long term adverse effect on his or her ability to carry out normal day to day activities”

Sexual orientation Discrimination

The Employment Equality regulations 2003 make discrimination unlawful on the grounds of sexual orientation.

Religion or Belief Discrimination

The Employment Equality Regulations 2003 make discrimination unlawful on the grounds of religion or belief, which is defined as any religion, religious belief, or similar philosophical belief. The very broad definition of religion or belief used in the regulations mean that minority, fringe or cult beliefs would be covered. Discrimination on the grounds of mistaken perception of someone’s religion or belief is also covered.

Discrimination on the grounds of mistaken perception of someone’s religion or belief is also covered.

Age DiscriminationThe provisions of the Employment Equality Regulations 2006 prohibit discrimination and harassment on the grounds of age in recruitment, employment, termination of employment and post employment. There is no minimum or maximum age for individuals to be protected, although employers may seek to justify both direct and indirect age discrimination in certain defined circumstances.Age discrimination 2006 regulation seek to outlaw discrimination in the areas of employment, vocational training and occupational pensions. Aims to provide protection for the following categories of individuals:

  • Employees and former employees
  • Workers
  • Applicants for work
  • Office holders

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