Unlawful discrimination can be characterised as direct or slightly less direct.
Direct discrimination involves treating someone less favourably because of their possession of an attribute (e.g., sex, age, race, religion, family status, national origin, military status, disability), compared with someone without that attribute in the same circumstances.
An example of direct discrimination would be not giving a woman a job because she is more likely to take maternity leave.
Indirect discrimination involves setting a condition or requirement which a smaller proportion of those with the attribute are able to comply with, without reasonable justification.
The case of Griggs v. Duke Power Company[2] provides an example of indirect discrimination, where an aptitude test used in job applications was found "to disqualify Negroes at a substantially higher rate than white applicants".
Direct discrimination involves treating someone less favourably because of their possession of an attribute (e.g., sex, age, race, religion, family status, national origin, military status, disability), compared with someone without that attribute in the same circumstances.
An example of direct discrimination would be not giving a woman a job because she is more likely to take maternity leave.
Indirect discrimination involves setting a condition or requirement which a smaller proportion of those with the attribute are able to comply with, without reasonable justification.
The case of Griggs v. Duke Power Company[2] provides an example of indirect discrimination, where an aptitude test used in job applications was found "to disqualify Negroes at a substantially higher rate than white applicants".