Indirect Discrimination

Indirect Discrimination (s19):

  • Extended to cover disability and gender reassignment – the DDA 1995 made no provision for indirect disability discrimination, which requires an element of group disadvantage; it focused on the disabled person’s individual circumstances
  • Harmonises the various definitions of indirect disc. (already broadly codified following EU Directives)
  • Indirect discrimination for pregnancy or mat. leave is dealt with under indirect sex discrimination

S19 ­ Indirect discrimination occurs when:

  • A applies a provision, criterion or practice (PCP) to (B)
  • That PCP applies to persons who do not share the relevant PC
  • The PCP would or actually puts persons who share (B)’s characteristic at a disadvantage when compared with persons whom (B) does not share the characteristic
  • The PCP would, or actually puts (B) at that disadvantage, and
  • The PCP is not a proportionate means of achieving a legitimate aim
  • Thus the new definition extends protection to those who would be (not just have been) put at a disadvantage i.e. those deterred by a discriminatory PCP
  • Objective justification for indirect discrimination remains the same