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If you’re a victim of direct discrimination and struggling to know which direction to turn, don’t worry. You’re protected by the Equality Act 2010.
But, how can you tell if you’re a victim of direct discrimination? And what can you do if you are? Our solicitors outline five things you need to know about direct discrimination in this recent article.
For more information, please visit our discrimination page or call our solicitors on 020 3007 5500.
What is direct discrimination?
Direct discrimination is when one person is treated differently or worse than another person due to an underlying characteristic. Some of the most common underlying features include age, race, and disability.
However, when it comes to direct discrimination, there are three separate forms, these forms are:
- Ordinary direct discrimination. This form of discrimination is where somebody is treated differently because of a protected characteristic. However, this form of direct discrimination is the only type that may be lawful if it’s ‘objectively justifiable’.
- Direct discrimination by association. This form of discrimination is where somebody is treated differently because of a protected characteristic possessed by a person they’re associated with.
- Direct discrimination by perception. This form of discrimination is where people are treated differently because of a protected characteristic other people think they possess, regardless of whether the perception is correct.
Who can be a victim?
Direct discrimination is when one person is treated differently or worse than another person due to an underlying characteristic. Some of the most common underlying features include age, race, and disability.
However, when it comes to direct discrimination, there are three separate forms, these forms are:
- Ordinary direct discrimination. This form of discrimination is where somebody is treated differently because of a protected characteristic. However, this form of direct discrimination is the only type that may be lawful if it’s ‘objectively justifiable’.
- Direct discrimination by association. This form of discrimination is where somebody is treated differently because of a protected characteristic possessed by a person they’re associated with.
- Direct discrimination by perception. This form of discrimination is where people are treated differently because of a protected characteristic other people think they possess, regardless of whether the perception is correct.
Direct discrimination examples:
Highlighted below are three examples for each type of direct discrimination:
- 1. Nicole is making a job application for a company who has a marketing position available. However, there’s a question in the job application form asking if she’s a female between 25 and 35 and whether she is likely to have children. In this case, This is ordinary direct discrimination as sex, pregnancy, and maternity are protected characteristics.
- 2. Sarah has a close friend who has recently come out as gay. After some of Sarah’s work friends found out about the news, they stopped inviting her to social events. In this circumstance, Sarah is facing direct discrimination by association as sexual orientation is a protected characteristic.
- 3. Christian is rejected for a promotion that requires him to work on Sundays. Because of Christian’s name, his employer assumes that he is religious and unable to work on Sundays as it’s a holy day. In this situation, Christian is facing direct discrimination by perception (Christian isn’t a Christian).
What’s the difference between direct and indirect discrimination?
Direct discrimination is where the discriminator treats you differently due to a protected characteristic you possess. For example, a younger and an older person have the same web-design qualifications and skills. Still, the employer chose the younger person because they feel a younger person will be more tech-savvy.
Indirect discrimination is when a practice, policy or rule is implemented, which applies to everyone in the same way, but puts certain protected groups at a disadvantage. Say you didn’t get a job because it requires all workers to have a driver’s licence. If your disability prevents you from driving and the requirement to obtain a driver’s licence is unreasonable.
Are you a victim of direct discrimination?
If so, don’t worry, we can help you today. We have solicitors that specialise in these types of matters.
Lines open 24/7
020 3007 5500
When is direct discrimination lawful?
This form of discrimination is only lawful when it’s ‘objectively justifiable’. In a more simple term, direct discrimination is legal if there’s a good enough reason for treating certain people with a protected characteristic differently.
For example, if you’re pregnant, you won’t be allowed to get an x-ray at the dentist. This example isn’t direct discrimination against pregnant women, as an x-ray may affect the baby. As a result, there’s a valid reason for treating a protected group differently in this circumstance.
What do you do if you’re a victim?
If you believe that you’re a victim of discrimination, you have three options, which are:
- Complain directly to the company
- Use a professional to help you find a resolution outside of court (alternative dispute resolution)
- Instruct a solicitor to make a claim in a court or tribunal
If you’re still unsure whether you have a discrimination case, please contact one of our solicitors on 020 3007 5500. Our solicitors will outline your legal standpoint and highlight your available options.
Why Contact Britton and Time Solicitors?
If you’re facing any form of discrimination, make sure you get the justice you deserve. Instructing one of our award-winning discrimination solicitors will guarantee:
- A fair resolution to your case.
- Clear guidance on your position and available options.
- Expertise in dealing with complex discrimination matters.
- Award-winning service.
For more information, please visit our discrimination page or call one of our solicitors directly on 020 3007 5500.
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