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Health And Social Care Essay

824 words - 4 pages

GUIDANCE NOTE

WHAT IS INDIRECT DISCRIMINATION?

Most people understand direct discrimination. Indirect discrimination occurs where the effect of certain requirements, conditions or practices imposed by an employer or education provider has an adverse impact disproportionately on one group or other. Indirect discrimination generally occurs when a rule or condition, which is applied equally to everyone, can be met by a considerably smaller proportion of people from a particular group, the rule is to their disadvantage, and it cannot be justified on other grounds.
The law applies to employers and providers of education or training.

Racial group means a group of people defined by their ...view middle of the document...

• A policy or practice creates a substantial disadvantage for a disabled person. There is a requirement to adjust the policy for the individual and anticipate the needs of disabled people in general.

Direct discrimination can be less favourable treatment, which includes harassment or bullying. Comparably similar legal definitions of indirect discrimination and harassment apply in respect of sexual orientation, religion, age, gender and disability.

More examples

Discrimination against women

Direct and indirect discrimination against women
     1.  - (1) In any circumstances relevant for the purposes of any provision of this Act, other than a provision to which subsection (2) applies, a person discriminates against a woman if - 

(a) on the ground of her sex he treats her less favourably than he treats or would treat a man, or

(b) he applies to her a requirement or condition which he applies or would apply equally to a man but - 

(i) which is such that the proportion of women who can comply with it is considerably smaller than the proportion of men who can comply with it, and

(ii) which he cannot show to be justifiable irrespective of the sex of the person to whom it is applied, and

(iii) which is to her detriment because she cannot comply with it.
The Sex Discrimination (Indirect Discrimination and Burden of Proof) Regulations 2001
Harassment against disabled people

Meaning of "harassment"

    (1) For the purposes of this Part, a person subjects a disabled person to harassment where, for a reason which relates to the disabled person's disability, he engages in unwanted conduct which has the purpose or...

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