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    BASIC POSITION

    CAUTION: go to notes on Equality Act 2010/changes made by the Act for changes to discrimination law in effect from 1st October 2010. The unique emplaw EA 2010 cross-reference tool will locate new statutory references for you.

    See as appropriate:


    For notes on the Equality Act, in force from 1st October 2010 go to our sister website on the Equality Act 2010 at www.equalityact.co.uk.

    In employment law direct discrimination is what its name suggests, ie discrimination in an employment context against a person for a particular reason provided for by statute. In general there is no "justification" defence available in direct discrimination cases (age discrimination is an exception - see Age discrimination/2006 regulations/justification defence ). Instead the law generally provides that it is not unlawful for an employer to directly discriminate against an employee or job applicant if he can show that there was a genuine occupational requirement that a person be of a particular sex/race/religion etc. Thus, for example, it would not be unlawful to require a man and a woman respectively to play the parts of Romeo and Juliet in the Shakespeare play.

    As a general rule indirect discrimination occurs where an apparently neutral provision, criterion or practice would put persons of one sex/race/religion etc at a particular disadvantage compared with persons of a different sex/race/religion etc. For practical purposes, although not strictly accurate in law, it can generally be said that indirect discrimination is not unlawful if the provision, criterion or practice can be objectively justified as a proportionate means of achieving a legitimate aim. A simple example of indirect sex discrimination would be a requirement that a job applicant must be over 6 feet tall. That requirement would generally put women at a disadvantage compared to men and so would be unlawful unless justified as a proportionate means of achieving a legitimate aim.

    Other miscellaneous points of general interest include:


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    updated July2008
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