What Are The Four Types of Discrimination In The Workplace?

Are you facing a type of discrimination in the workplace? If so, don’t worry. You’re not alone. An alarming study conducted in 2019 found that around 38% of people faced a type of discrimination at work.

As the average person spends one-third of their life at work, it’s important for the working environment to be healthy. Therefore, our solicitors outline the four main types of discrimination in the workplace to help employees and employers understand what type of behaviour is acceptable in the workplace. 

If you’re a victim of a type of discrimination in the workplace, we encourage you to seek professional legal advice. An employment solicitor can help you identify whether you have a claim and what your options are.

For any further questions, please don’t hesitate to visit our employment law page or contact one of our trusted solicitors directly on 0203 007 5500.

Four types of discrimination in the workplace.

1. Direct discrimination.

Direct discrimination is where somebody has been treated differently or worse than another employee due to an underlying reason. These underlying reasons may be someone’s age, race, religion or beliefs.

An example is if an older employee is not allowed to work as part of a social media marketing team because the company feels they’re too old to understand the concepts, despite having the same level of expertise as younger employees. This example is a direct form of discrimination against this more senior employee due to their age.

Direct discrimination falls into three separate categories. The categories include:

• Ordinary direct discrimination. This type of discrimination is where somebody is treated differently because of a protected characteristic someone possesses. Ordinary direct discrimination is the only type of direct discrimination which may be lawful, but only if it is ‘objectively justifiable’.
• Direct discrimination by association. This type of discrimination is where somebody is treated differently because of a protected characteristic possessed by someone they’re associated with. An example of this type of discrimination is someone being uninvited from work social activities because they’re friends with a colleague who possesses a protected characteristic.
• Direct discrimination by perception. This type of discrimination is where someone is treated differently because of a protected characteristic other people think they possess, regardless of whether the perception is correct.

Direct discrimination can be an intentional or unintentional act. However, regardless of whether there was an intention to discriminate, you can still make a claim against the perpetrator. In discrimination cases, the most important focus is how the victim feels rather than whether the perpetrator meant it in that way.

Do you want to know more about direct discrimination? Please visit our direct discrimination page.

2. Indirect discrimination.

Indirect discrimination is a less obvious type of discrimination than direct discrimination and is usually unintentional.

This type of discrimination in the workplace occurs when a company puts a plan or rule in place, which isn’t discriminatory but puts people with specific characteristics at a disadvantage. An example may be setting a minimum height requirement for a job where height is not relevant. This example discriminates against women (and some specific ethnic groups) who are generally shorter.

In law, you must be able to prove all four elements of a provision, criterion or practice (PCP) for an indirect discrimination claim to be successful. The four components of a PCP are:

1. The company applies a plan or rule to a group of people, only some of whom share the protected characteristic.
2. It has (or will ) put those who share the protected characteristic at a disadvantage compared to others who do not have the characteristic.
3. It puts the person wanting to make a claim at that disadvantage.
4. The employer is unable to justify the plan or rule objectively.

Want to know more about indirect discrimination? Please visit our indirect discrimination page.

3. Harassment.

Harassment is when somebody is conveying negative behaviour towards a fellow employee, which humiliates, intimidates or excludes them. This type of discrimination in the workplace is a violation of somebody’s dignity and creates a toxic working environment for that person.

Common examples of harassment include:

• Bullying
• Unpleasant nicknames
• Gossiping and spreading rumours about someone
• Asking inappropriate questions

It’s not a defence for the harasser to say that they didn’t mean their behaviour to upset the victim. With harassment, the victim’s feelings towards the action are more important than how the harasser saw the conduct.

Want to know more about harassment? Please visit our harassment page.

4. Victimisation.

The final type of discrimination in the workplace is victimisation. Victimisation is where somebody becomes a victim of harmful behaviour because they have done (or because it’s suspected that they have done or may do) one of the following things in good faith:

• Made an allegation of discrimination
• Supported a complaint of discrimination
• Gave evidence relating to a complaint about discrimination
• Raised a grievance concerning equality or discrimination
• Did anything else for (or in connection with) the Equality Act, such as bringing an employment tribunal claim of discrimination.

By reporting this type of behaviour, you could be a victim to victimisation through being labelled a ‘troublemaker’, being left out and ignored, being denied a promotion, or being made redundant. However, you don’t need to fear victimisation because you’re protected by the Equality Act 2010.

Want to know more about victimisation? Please visit our victimisation page.

When is a type of discrimination in the workplace lawful?

In particular circumstances, direct and indirect discrimination may be lawful if the employer can objectively justify their actions. For example, a food delivery company may bring in a general rule that all the food deliverers must have a valid UK drivers licence. In this instance, people who have disabilities (one of the protected characteristics) may be at a disadvantage as in some cases, as a disability may prohibit someone’s ability to drive.

In this instance, it’s not discrimination for this company to require a valid UK driving licence as driving is an essential part of the job.

If you’re unsure whether you’re a victim of discrimination, we encourage you to seek professional legal advice. In many cases, there’s a fine line between an act being lawful or discriminatory. Our solicitors will help you determine whether you have a claim and what your options are in taking one forward.