Explain the difference between indirect and direct discrimination?

Answer 1

Indirect discrimination refers to applying a provision, criterion or practice which disadvantages people of a particular group (defined by sex, race, disability, sexual orientation, religious belief or age). Indirect discrimination is illegal if it cannot be justified as a proportionate means of achieving a legitimate aim.

Answer 2

Indirect discrimination is subtle as in a corporate culture that prefers a certain demographic or appearance but has no written policy officiating the behavior. An example could be a retailer or airline only hiring those that fit notions of attractiveness and body size. Direct discrimination is explicit with direct statements and official policy against those specifically protected and enumerated under the Civil Rights Act of 1964.

Answer 3

In Employment law, direct discrimination are adverse employment decisions (such as failure to hire, firing, unequal pay and benefits, etc) that are based on an employee or applicant's characteristics, some of which are protected under the law like color, race, gender, religion, disability, and the like.

Indirect discrimination (also called disparate impact), happens when discrimination occurred unintentionally arising from the employment policies issued by the employer, which has an adverse effect on some or all of the employee's race, skin color, ethnicity and other similar characteristics.

-->Direct- Say if you were of an ethnic minority and you went for a job and you were told when you arrived that the job was taken. You then arrange for a "white" friend to go for the same job and they are told it is still available. Or if you were at a job interview and you state that you have 4 children and the interviewer makes a remark about you having to have a lot of time off work.

-->Indirect- If you went for a job that states anyone who applies must have at least 10 years experience in the position which would put a young person at a disadvantage. Or if there were disabled facilities but they had to be accessed from the rear of the building next to the rubbish bins etc and everyone else goes in thru the front door. They're still providing the facilities and still saying anyone can use them but they're putting those people at a disadvantage or humiliation.

The difference between indirect and direct discrimination is in how it is done. Direct discrimination is treating someone in an unjust manner with their knowledge like insulting them with their race. Indirect discrimination is still an unfair treatment but in a concealed manner. A good example is being dismissed from work without valid reasons.

Answer 4

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