What is the test for indirect discrimination?
Asked by: Dr. Lenna Lynch | Last update: January 29, 2026Score: 4.7/5 (51 votes)
The test for indirect discrimination involves showing an employer's seemingly neutral rule, policy, or practice (PCP) disadvantages people with your protected characteristic, you personally suffer that disadvantage, and the employer can't objectively justify the PCP as a proportionate means to a legitimate aim. The key is proving the impact, not intent, focusing on whether a PCP puts you and others with your trait (like age, gender, disability, religion) at a disadvantage compared to those without it.
How to prove indirect discrimination?
To prove that indirect discrimination is happening or has happened:
- there must be a policy which an organisation is applying equally to everyone (or to everyone in a group that includes you)
- the policy must disadvantage people with your protected characteristic when compared with people without it.
What is the 3 part test for discrimination?
To prove discrimination, a complainant has to prove that: they have a characteristic protected by the Human Rights Code [Code]; they experienced an adverse impact with respect to an area protected by the Code; and. the protected characteristic was a factor in the adverse impact.
What exactly is indirect discrimination?
Indirect discrimination is the legal term that describes situations when policies, practices or procedures are put in place that appear to treat everyone equally but, in practice, are less fair to those with a certain protected characteristic under the Equality Act 2010.
What is the test for direct discrimination?
The test for ascertaining whether there has been direct discrimination (on grounds of race or sex) is to look at whether the individual would not have received the unfavourable treatment "but for" his/her sex or race. The subjective motives of the alleged discriminator are irrelevant.
What is direct and indirect discrimination? | Equality law: discrimination explained
What evidence is needed to prove direct discrimination?
Direct evidence.
Direct evidence often involves a statement from a decision-maker that expresses a discriminatory motive. Direct evidence can also include express or admitted classifications, in which a recipient explicitly distributes benefits or burdens based on race, color, or national origin.
What is an example of indirect disability discrimination?
The rest break policy says everyone has a lunch break at the same time, with no other breaks. Jay sometimes needs snacks between meals to help manage their diabetes. Jay's employer says they will not make any changes to the policy. This is indirect discrimination.
What are the penalties for indirect discrimination?
Legal and reputational risks: Indirect discrimination can expose employers to legal and reputational risks. Employers may face lawsuits or regulatory investigations if they are found to have violated anti-discrimination laws. This can result in costly legal fees, fines, and damage to the employer's reputation.
What are the 4 types of discrimination?
The four main types of discrimination, particularly under UK law like the Equality Act, are Direct Discrimination, Indirect Discrimination, Harassment, and Victimisation, focusing on treating someone unfairly due to protected characteristics (like race, sex, age) through less favorable treatment, disadvantageous rules, offensive behavior, or retaliation for complaining. These legal categories describe how discrimination occurs, distinct from the specific grounds (race, disability, etc.) on which it's based.
How to prove discrimination at work?
To prove workplace discrimination, you need strong evidence showing you were treated unfairly due to a protected characteristic (race, gender, age, disability, etc.), often by documenting disparate treatment compared to others, gathering direct evidence like biased emails or comments, and filing a formal charge with the EEOC. Key steps involve documenting everything meticulously, finding witnesses, and showing a pattern or "smoking gun" evidence that the employer's reasons for adverse actions are a pretext for discrimination.
How to prove you have been discriminated against?
Showing unlawful discrimination
When you make a discrimination claim, you need to show the court evidence that you've been treated unfairly and that the reason you've been treated unfairly is because of a protected characteristic. The protected characteristics in the Equality Act are: age. gender reassignment.
What is a 2 point discrimination test?
Two point discrimination is the ability to discern that two nearby objects touching the skin are truly two distinct points, not one. It is often tested with two sharp points during a neurological examination and is assumed to reflect how finely innervated an area of skin is.
What is the prima facie test?
Prima facie is used in court to indicate that there is sufficient or adequate evidence to support a claim. More simply put, a prima facie case means that the claim being presented to a court has merit, when taken at face value.
How to prove indirectly?
There are two methods of indirect proof: proof of the contrapositive and proof by contradiction. They are closely related, even interchangeable in some circumstances, though proof by contradiction is more powerful. What unites them is that they both start by assuming the denial of the conclusion.
What is the burden of proof for discrimination?
Employer Must Provide a Legitimate Reason for the Action
To meet its burden of proof, the employer must provide a legitimate, non-discriminatory reason for the adverse action. If the employer meets its burden of proof, it shifts back to the employee.
What are 5 examples of unfair discrimination?
Five examples of unfair discrimination include being passed over for promotion due to race or gender (racial/gender bias), paying women less for the same job as men (unequal pay), denying reasonable accommodations for a disability (disability discrimination), harassing someone for their sexual orientation (sexual orientation discrimination), or retaliating against an employee for reporting harassment (retaliation). These actions unfairly disadvantage individuals based on protected traits rather than merit, violating laws like Title VII.
What is unfair discrimination?
Unfair discrimination occurs when an employer shows favour, prejudice or bias for or against a person on a prohibited ground, including a person's race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, ...
What is reverse discrimination?
“Reverse discrimination” involves a claim by a non-minority individual that they were discriminated against on the basis of race, or other characteristics or attributes.
What is an example of hidden discrimination?
Covert discrimination is often rationalized as being fair or necessary, when it actually denies equal opportunity. Poll taxes and literacy tests are examples of covert discrimination.
What's the most you can sue for discrimination?
Limits On Compensatory & Punitive Damages
For employers with 101-200 employees, the limit is $100,000. For employers with 201-500 employees, the limit is $200,000. For employers with more than 500 employees, the limit is $300,000.
Can a manager yell at you in front of other employees?
The short answer is yes. Legally speaking, supervisors and managers are allowed to yell at employees. However, when that yelling is about or against a protected class, the yelling may qualify as harassment.
What is indirect retaliation?
Indirect retaliation can be subtler but equally damaging. It may involve exclusion from meetings, being passed over for promotions, sudden and unjustified negative performance reviews or the relocation of your workspace to less desirable conditions without valid reason.
What is the test for direct disability discrimination?
The test for establishing direct discrimination is subjective. This requires the Tribunal to consider the reason why B was treated less favourably. The less favourable treatment must be because of the protected characteristic, and not for some other reason.
Can you justify indirect discrimination?
Unlike most forms of direct discrimination, indirect discrimination can be objectively justified if the PCP is a proportionate means of achieving a legitimate aim.
What is indirect harassment?
Indirect harassment occurs when the harassment is directed at a third party but is really aimed at you. In online harassment, the harasser might target members of your family your friends, your partner or your business and business associates.