Equal Opportunity On Line Training Module 1: Legal Overview

Direct Discrimination

Direct Discrimination occurs if a person treats, or proposes to treat, someone with an attribute, (eg. race, age, gender, religion, sexual orientation) less favourably than someone without that attribute would be treated in similar circumstances.

Less Favourable Treatment

Central to the test for direct discrimination is the concept of less favourable treatment. This means that the treatment of a person with one of the attributes in the Act is compared to a hypothetical person without that attribute.

An offer to attend an overseas conference is denied to a woman because she has children. This constitutes direct discrimination on the basis of parental status. Her treatment was less favourable than a women without children.

A member of an interview panel does not want to consider an applicant because she is an active member of the union. This is direct discrimination on the basis of industrial activity.

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