Indirect Discrimination

Indirect discrimination arises when a requirement or condition, applied equally to everyone, has an unfair effect on a particular group of persons (e.g., based on sex, marital status, pregnancy, or breastfeeding) and cannot be reasonably justified. For instance, a height requirement for a job that disproportionately excludes women without a genuine occupational justification would constitute indirect discrimination.

Indirect discrimination arises when a condition or requirement, which is not justifiable, is applied to everyone but in practice adversely affects persons with a disability. If such a condition or requirement cannot be shown to be necessary or reasonable for the particular purpose, it is considered unlawful. An example would be a height requirement for a job that is not essential to the role and disproportionately excludes individuals with certain physical disabilities.

Indirect discrimination arises when a requirement or condition, which appears neutral on its face, is applied to everyone but in practice has an unfair and disproportionate effect on persons with family status or a particular family status, and cannot be reasonably justified by the employer or service provider.

Indirect discrimination occurs when a requirement or condition is applied equally to all individuals, but in practice, it has a disproportionately adverse effect on persons of a particular sex, marital status, or pregnant persons. Such a requirement constitutes indirect discrimination unless it can be objectively justified as necessary for the job or business operation. An example provided is a minimum height or weight requirement that could exclude a large proportion of female applicants.

Indirect discrimination arises where an apparently neutral provision, criterion, or practice would put persons having a particular characteristic at a particular disadvantage compared with other persons, unless that provision, criterion, or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary. An example could be a height requirement for a job that disproportionately excludes women or certain ethnic groups, without a genuine occupational requirement for such a height.