Understanding the different types of discrimination
Tools & Resources
Key learnings
- There are nine protected characteristics that everyone in the UK has the right to defence from prejudice.
- Each of these characteristics fall into five types of discrimination - direct or indirect discrimination, positive discrimination, discrimination by association and discrimination by perception.
- To prevent allegations of discrimination in your workplace, you should introduce policies and procedures that informs employees on what’s acceptable conduct.
Discrimination in the workplace can occur in several ways and so it’s important that you know the different types so that you can mitigate against it or identify any taking place and take the relevant action as soon as possible. Here, award winning HR, employment law and health and safety service provider, and UMi partner Croner, breaks down the different types you need to know.
According to the Equality Act 2010, there are nine protected characteristics that anyone in the UK has the right to defence from various prejudices from. They are:
- Age
- Disability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race
- Religion or belief
- Sex
- Sexual orientation
This article explains more about the protected characteristics.
So, if there are nine protected characteristics, there must be nine types of discrimination, right?
Well, yes and no.
It is against the law to discriminate against someone because of one of these nine characteristics but each also fall into a category of discrimination. These are terms you have probably heard but you may not have paid too much attention to:
- Direct discrimination
- Indirect discrimination
- Positive discrimination
- Discrimination by association
- Discrimination by perception
Click below to find out more information:
1
Direct and indirect discrimination
One of the main ways we can categorise discrimination is by whether it was direct or indirect.
Direct discrimination is what we tend to think of when people discriminate against others. In short, one person treats another person worse because of a protected characteristic.
Indirect discrimination is less well known but just as important. It’s often the indirect form that catches employers out. This is when a policy or practice that applies to everyone in the workplace disadvantages a particular group.
For example, an employer posts a job ad that states all applicants must have a driving license. This puts certain disabled people at a disadvantage as they may not have a driving license because of their disability. This is indirect discrimination.
However, there could be some cases where this action is justified. For example. If the job ad is for a taxi driver, then the individual will need a driving license as part of that role.
2
Positive discrimination
This term often raises the question: ‘Can discrimination ever be positive?’
The short answer is yes, but that doesn’t necessarily mean it’s right.
Positive discrimination is the direct opposite to regular discrimination. It’s when you treat one person more favourably than another because of a protected characteristic.
It is allowed if it means making reasonable adjustments for disability. Other than that, it is illegal.
You can take steps to support those from under-represented groups and help them overcome disadvantages they face. This is known as positive action.
The line that separates the two is when an individual is hired, or promoted, or treated more favourably because of their characteristic.
3
Discrimination by association
Associative discrimination is, in a sense, indirect, but it is still classed as direct discrimination.
It occurs when an individual is treated less favourably because of their association with a person with a protected characteristic or a protected group. This could be a friend, spouse, partner, or parent.
For example, an individual set for promotion mentions in a discussion with his manager that he attended a gay pride event over the weekend. Despite not being LGBTQ+ himself, his manager begins to treat him differently and ultimately promotes someone else in his place.
4
Discrimination by perception
This is another form of direct discrimination. It is when an individual is treated less favourably because of a protected characteristic they are perceived as having.
For example, a manager may refuse to hire someone because they assume they are black due to the sound of their name.
It should be said that marriage and civil partnerships are not covered by the law on discrimination by association or perception.
Next steps…
- Familiarise yourself with each type of discrimination.
- Identify policies and procedures that mitigate against each one in your organisation – for existing, new and potential staff.
- Communicate clearly what is acceptable conduct within your business.
- Check out Croner’s Equality and Discrimination template.
- You can speak to a HR specialist adviser at Croner on 0800 470 2015.