Common Types of Employment Discrimination and How to Identify Them

Table Of Contents

What Is Direct Discrimination?

What is direct discrimination? Direct discrimination is when an employer treats an employee less favourably because of a protected characteristic. An employer refuses to hire a qualified applicant because of the applicant's age. An employer denies a promotion to an employee due to the employee's gender. An employer terminates an employee's contract because of the employee's race. Direct discrimination is often easier to identify than other forms of discrimination. Evidence of direct discrimination often includes explicit statements or policies.
Direct discrimination typically involves a clear, adverse action against an employee. An adverse action includes a failure to hire, a demotion, or a dismissal. The employer's reason for the adverse action directly relates to a protected characteristic. An employer's stated reason for a firing may be "poor performance." The employer's true reason for the firing may be the employee's religion. Identifying direct discrimination requires careful examination of the employer's actions and stated reasons.

Identifying Direct Discrimination

Identifying direct discrimination requires comparing the treatment of different employees. You compare the treatment of an employee from a protected group with the treatment of an employee not from a protected group. An employer may reject a job application from a pregnant woman. The employer may hire a less qualified man for the same role. This situation suggests direct discrimination. The employer's stated reason for rejection often differs from the true reason.
Identifying direct discrimination often involves gathering evidence of disparate treatment. You collect emails, texts, or witness statements. These documents may show discriminatory intent. An employer may make derogatory comments about an employee's nationality. The employer then denies the employee training opportunities. This behaviour indicates direct discrimination. Careful documentation of events and communications assists in proving direct discrimination.

What Is Indirect Discrimination?

Indirect discrimination occurs when an employer applies a policy or rule to everyone. This policy or rule disadvantages a group of people with a particular protected characteristic. An employer's policy may require all employees to work full-time. This policy disadvantages women with childcare responsibilities more than men. The policy does not directly target women, but its effect is discriminatory. Indirect discrimination often happens unintentionally.
Indirect discrimination is harder to identify than direct discrimination. The policy or rule appears neutral on its face. The policy's impact reveals the discrimination. An employer requires all job applicants to pass a physical fitness test. This test is not necessary for the job duties. The test disproportionately excludes older applicants or applicants with disabilities. This scenario represents indirect discrimination.

Identifying Indirect Discrimination

Identifying indirect discrimination requires analysing the impact of seemingly neutral policies. You examine whether a policy puts a group with a protected characteristic at a particular disadvantage. A company's dress code may prohibit head coverings. This policy disadvantages employees whose religion requires head coverings. The policy does not mention religion, but its effect is discriminatory.
Identifying indirect discrimination often involves statistical analysis or anecdotal evidence. You look for patterns of disadvantage among protected groups. A promotion system may favour employees with continuous service. This system may disadvantage women who took maternity leave. The system appears neutral, but its outcome is discriminatory. Legal professionals often assist in identifying subtle forms of indirect discrimination.

Is Harassment a Type of Employment Discrimination?

Harassment is a type of employment discrimination. Harassment is unwanted conduct. The unwanted conduct relates to a protected characteristic. The conduct violates an individual's dignity. The conduct creates an intimidating environment. The conduct creates a hostile environment. The conduct creates a degrading environment. The conduct creates a humiliating environment. The conduct creates an offensive environment. Harassment does not require an employer's direct action. Harassment comes from colleagues. Harassment comes from managers. Harassment comes from third parties. A single severe incident constitutes harassment.
Harassment takes many forms. Verbal abuse constitutes harassment. Offensive jokes constitute harassment. Inappropriate gestures constitute harassment. Displaying offensive pictures constitutes harassment. Sending discriminatory emails constitutes harassment. The conduct is unwelcome. The individual perceives the environment as hostile. The individual perceives the environment as offensive. An employer has a duty to prevent harassment.

Identifying Harassment

Identifying harassment involves assessing the nature of the unwanted conduct. You consider whether the conduct relates to a protected characteristic. A colleague may repeatedly make offensive jokes about an employee's ethnicity. The employee finds these jokes offensive. This situation constitutes harassment. The key element is the impact on the employee.
Identifying harassment also requires documenting the incidents. You record dates, times, and specific details of each occurrence. You note any witnesses present during the incidents. An employee may report the incidents to a manager or human resources. The employer's failure to address the conduct may strengthen a harassment claim. Consistent, unwelcome behaviour forms a strong basis for a harassment claim.

FAQS

What is a protected characteristic?

A protected characteristic is a personal trait protected by law from discrimination. Protected characteristics include age, disability, gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sex, and sexual orientation. Employment discrimination laws protect individuals based on these characteristics.

How does victimisation differ from other discrimination types?

Victimisation differs from other discrimination types because victimisation protects an employee who makes a discrimination complaint. An employee makes a discrimination complaint. The employee suffers detrimental treatment. The detrimental treatment constitutes victimisation. Victimisation protects the employee.

Can discrimination be unintentional?

Discrimination is unintentional. Indirect discrimination is unintentional. An employer's policy appears neutral. The policy disadvantages a specific protected group. Unintentional discrimination carries legal consequences for the employer.

What is a reasonable adjustment?

A reasonable adjustment is a change an employer makes for a disabled employee. The change helps the disabled employee perform their job effectively. An employer may provide a modified desk or flexible working hours. The employer must make reasonable adjustments to avoid disability discrimination.

What is systemic discrimination?

Systemic discrimination refers to discrimination embedded in an organisation's policies or practices. Systemic discrimination affects a whole group of employees, not just individuals. Systemic discrimination often arises from unconscious bias or historical practices.

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