Discrimination

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Law

10th

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11 Terms

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Direct discrimination

Occurs when someone is treated less favourably than another person because of a protected characteristic, such as race, gender, or age

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Indirect discrimination

Happens when a policy or practice applies to everyone but disproportionately disadvantages a certain group based on a protected characteristic

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Elements of discrimination

The discrimination was based on a certain attribute, the discrimination took place in a particular area or activity & the discrimination caused harm or less favourable treatment

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The discrimination was based on a certain attribute (element)

Age, sex, race, religion etc

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The discrimination took place in a particular area or activity (element)

Refers to a specific context, such as employment, education, or housing, where the discriminatory practice occurs

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The discrimination caused harm or less favourable treatment (element)

Refers to the negative impact on an individual or group as a result of discriminatory actions, leading to disadvantages or unequal opportunities

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Defences to discrimination

  • An exception allowed lawful discrimination

  • An exemption allowed discrimination laws applied

  • Inherent requirements

  • Unjustifiable hardship

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An exception allowed lawful discrimination (defence)

The laws relating to discrimination include exceptions that ALLOW lawful discrimination in specific circumstances eg. women sport team excluding men to keep it fair

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An exemption allowed discrimination laws applied (defence)

Situations where certain discriminatory practices are legally permitted, typically due to justifiable reasons such as protecting specific groups, often applied in workplaces or service provisions eg. Government can provide benefits to a person based on their ages but not providing to a younger person who does not amount to age discrimination

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Inherent requirements (defence)

Refers to the essential tasks or qualities required for a specific job or role, justifying lawful discrimination if an individual is unable to fulfill them. For example, an airline may require certain physical abilities for pilots

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Unjustifiable hardship (defence)

A legal standard used in discrimination law that excuses an organization from making accommodations for a person with a disability if it would impose significant difficulty or expense, considering the organization's resources and the needs of all parties involved