The main difference between direct and indirect discrimination is that direct discrimination happens when someone treats you unfairly simply because of who you are, while indirect discrimination happens because of a rule or policy that seems to treat everyone the same way but ends up being disadvantageous to some people.
Discrimination is the unjust or prejudicial treatment of an individual or group of people on the basis of factors like race, gender, age, sexual orientation, education, marital status, family background, etc. In law, there are two main forms of discrimination as direct discrimination and indirect discrimination.
Key Areas Covered
1. What is Direct Discrimination
– Definition, Features
2. What is Indirect Discrimination
– Definition, Features
3. Difference Between Direct and Indirect Discrimination
– Comparison of Key Differences
Key Terms
Direct Discrimination, Indirect Discrimination, Discrimination
What is Direct Discrimination
Direct discrimination happens when someone treats you unfairly simply because of who you are. Generally, this happens because you have a protected attribute. Protected attributes can include factors like disability, race, sex, age, sexual orientation, religion, gender reassignment, marriage or civil partnership, pregnancy, and maternity. These are some common reasons why people treat others differently. For example, an older applicant may not be considered for a job because the employees assume that he or she is not competent with technology. Such unfair treatment, especially discrimination in the workplace, is punishable by law.
In addition to direct discrimination due to a protected characteristic you possess, there can be types of discrimination, as well. Sometimes, another may treat you differently because of who he/she thinks you are. This is a form of direct discrimination, and we call this direct discrimination by perception. There can also be situations where people treat you differently because of someone you are with, for example, a partner, parent, child, or friend. We call this direct discrimination by association. It’s also important to know that direct discrimination can sometimes be subtle and difficult to prove.
What is Indirect Discrimination
Indirect discrimination happens when a policy or rule applies to everyone in the same way, but it disadvantages people who share a protected attribute. This practice, policy, or rule can be either formal or informal. On paper, it would appear to be neutral and not harmful to anyone. Generally, the person or organization introducing the policy or rule must show a good reason for the application of it in order to contest claims of indirect discrimination. In law, this is called objective justification.
For example, imagine that a blind person wants to book an appointment with a doctor and phones the hospital. But he is told that appointments can be only made through the official website. This might seem like a fair practice, but in this instance, the blind person is being prevented from making the appointment because of the policy.
Difference Between Direct and Indirect Discrimination
Definition
Direct discrimination refers to someone being treated unfairly because of a protected characteristic, while indirect discrimination refers to someone being unfair because of a rule or practice that would appear to be neutral.
Nature
Direct discrimination happens when someone treats you unfairly simply because of who you are. Indirect discrimination, on the other hand, happens when a policy or rule applies to everyone in the same way, but it disadvantages people who share a protected attribute.
Conclusion
The main difference between direct and indirect discrimination is that direct discrimination happens when someone treats you unfairly simply because of who you are, while indirect discrimination happens because of a rule or policy that seems to treat everyone the same way but ends up being disadvantageous to some people.
Reference:
1. “Direct Discrimination.” Citizens Advice.
2. “Indirect Discrimination.” Citizens Advice.
Image Courtesy:
1. “Discrimination Laws” By Nick Youngson from Pix4free.org (CC BY-SA 3.0)via The Blue Diamond Gallery
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