Indirect discrimination
Indirect discrimination refers to applying a provision, criterion or practice which disadvantages people of a particular group (defined by sex, gender reassignment, race, disability, sexual orientation, religious belief, marriage and civil partnership or age). Indirect discrimination is unlawful if it cannot be justified as a proportionate means of achieving a legitimate aim.
Examples
Examples of indirect discrimination include:
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requiring that the employee be six feet tall would disproportionately disadvantage women
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uniform requirements stating that employees may not wear any headwear would indirectly discriminate against Sikh men
Proportionality
The proportionality test means that the provision, criterion or practice must:
At a tribunal, the burden of proof will be on the employer to show that the discrimination was proportionate.
Legitimate aim
A legitimate aim could, for example, relate to business needs and efficiency, or to the health and safety of employees and customers. The burden of proof will be on the employer to show that the aim was legitimate.
Amendments
New regulations effective from October 2010 have widened the definition of indirect discrimination under the Equality Act 2010, Section 19. They have shifted the burden of proof towards the employer in circumstances where indirect discrimination is alleged to have taken place. Indirect discrimination can be justified if the employer can show that the discrimination is a proportionate means of achieving a legitimate aim.
