HRM T&C: Direct/Indirect discrimination

What is direct discrimination ?

When a decision directly uses a protected characteristic (race, gender, age, religion, disability, sexual orientation…) to treat someone less favorably.

Give an example of direct discrimination.

We don’t hire people over 50. / No Muslim candidates./ Women cannot apply for this role.

What is indirect discrimination according to EU Directive 2000/78/EC?

A neutral rule or practice that disproportionately disadvantages a protected group without objective justification.

What are the 3 elements needed to identify indirect discrimination?

• An apparently neutral criterion.

• It negatively impacts a protected group.

• There is no legitimate, necessary, job-related justification

What is a legitimate justification for a criterion that causes indirect discrimination?

Only if the criterion serves a legitimate aim, and the means are appropriate and necessary (business necessity).

Landmark case: What happened in Griggs vs Duke Power (1971)?

A high school diploma requirement, “neutral on paper,” excluded Black workers and wasn’t necessary for job performance → indirect discrimination.

What happened in the Rent-A-Center weight-lifting test case?

Universal lifting test rejected more women; only some jobs required lifting → lack of business necessity → indirect discrimination.

Example of indirect discrimination: “Availability for late meetings.” Why?

Disadvantages parents of young children when meetings could be scheduled during regular hours.

Example of indirect discrimination: “High degree required for low-skill job.” Why?

Disproportionately excludes people with fewer qualifications without being job-related.

Example of indirect discrimination: “General culture test for technical jobs.” Why?

Disadvantages people from different cultures even though the test isn’t relevant to job performance.

Example of indirect discrimination: “International mobility required to be a talent.” Why?

Disadvantages people in dual-career couples or with family constraints.

Key difference between direct and indirect discrimination?

• Direct: Explicit, based on a protected characteristic.

• Indirect: Neutral rule → disproportionate effect.

Which type of discrimination can be legally justified?

Indirect discrimination, but only if the rule has a legitimate, necessary, job-related justification.