Both direct discrimination and indirect discrimination are illegal at work, whether it is job applicants or current employees experiencing the discrimination. If you experienced either, then you may have a discrimination claim. This is because it is illegal to discriminate against an employee based on certain characteristics that the employee may possess, such as the person’s color, race, gender, age, disability status, dress, religious affiliation, sexual orientation and pregnancy status.
What Is Direct Discrimination?
Direct discrimination takes place when someone is treating another person differently due to them belonging to a protected class. This might be because the employee is of a particular color, age, race, gender, has an identifiable sexual orientation, or has a disability. Oftentimes, it is obvious when direct discrimination is occurring because other employees who are not members of that protected class aren’t typically recipients of any negative treatment from the employer.
Examples of Direct Discrimination
- A female job applicant being turned down for a job due to her gender.
- The employer refusing to provide suitable facilities for disabled employees;
- Abusing an employee based on their religious beliefs;
- Refusing to promote an employee from a particular racial background;
- Punishing a pregnant worker for taking medical leave.
- Sexual harassment of workers.
What Is Indirect Discrimination?
Direct discrimination targets employees who have specific characteristics. Indirect discrimination, on the other hand, takes place when all employees are treated the same, but as a result some employees are disadvantaged because of this policy. To prove indirect discrimination is taking place, the employer must have a policy that applies to all employees equally which could result in the following:
- The policy handicaps people who have a protected characteristic, when compared to those who don’t;
- The victim has to provide evidence that the policy affects them personally;
- The employer is unable to give a good reason for enforcing the policy despite the harm it does.
Indirect discrimination may not be intentional but if it still harms particular employees, it may be considered illegal and the victim may have grounds to seek compensation.
Examples of Indirect Discrimination
- A policy that is enforced may require that employees are only permitted to wear certain hairstyles, but this could have a negative effect on employees who due to their hair style are unable to meet this requirement.
- Requiring every employee to work on a day which has significant importance for particular religious groups. Every employee is required to do this, but it may prevent some employees from practicing their religious beliefs which is unlawful.
Speak with a Lawyer
It is never easy winning cases of discrimination at work but if you fill out the Free Case Evaluation on this page to get connected and speak with an employment lawyer who subscribes to the website, this may help you get the compensation you deserve for being a victim of indirect or direct discrimination in your workplace.
