Discrimination Flashcards
Types of discrimination
Direct (13) Indirect Associative Perceptive Duel( 2 or more area's excluding P&M) Harassments Victimisation
Direct 2 stage test
Is treatment less favorable
If so was it due to protected characteristic
needs a comparator (exc pregnancy and disability treatment can be unfavorable)
Direct discrimination Justification
generally not possible - exception age/sex/race if genuine occupational requirement must be legitimate and proportionate
Associative Meaning
due to condition of a close linked person such as child/spouse covers age/disability/gender reassignment/race/religion or belief sex and sexual orientation
Perceptive discrimination
Discriminator perceives/believes has a protected characteristic but they do not
Indirect
a blanket policy or practice which can not be justified
ie must be over 6ft tall
must be able to carry 30Kg
Applies to all groups except Pregnancy’s & maternity
Indirect discrimination Justification
must satisfy a real need of the employer and necessary and appropriate to achieving the objective
indirect test
Is the objective important to justify limiting the right to equality
Is the measure no more than necessary to achieve the objective
Are the means no more than necessary to achieve the objective
Harassments definition
Unwanted behavior that make another feel offended humiliated or intimidated
Victimisation definition
Person treated badly or subjected to a detriment due to complaining/supporting a victim of discrimination