Equal Opportunity On Line Training Module 1: Legal Overview

Indirect Discrimination

Indirect discrimination occurs when there is a requirement, rule, policy, practice or procedure that:

• A person with an attribute does not or cannot comply with
• Is the same for everyone, but has an unequal or disproportionate effect for a specific group of people or individuals
• Is not reasonable in the circumstances

For example requiring that all students receive lecture materials only in written 12pt font treats everyone the same, but discriminates against those with vision impairments who may require materials in large fonts or Braille. 

A rule or practice designed to protect health and safety that is reasonable in the circumstances, however, could be applied to all students and staff without constituting unlawful discrimination.

Examples of indirect discrimination could include:

The Police force previously had a height requirement which consequently excluded many women from joining the force. (Though the height requirement itself might be deemed to be direct discrimination, it is the barrier created for women and other protected groups which would constitute indirect discrimination.)

A new local council building was constructed without lift access to the first floor, despite the strong likelihood of use by residents with disabilities.

In reducing the size of its staff a company decides to retrench those who have been there the shortest time. This may be indirectly discriminatory were it to unfairly disadvantage certain groups of staff, for example, those who have taken time away from work on parental leave.

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