• Direct discrimination occurs where a person is treated less favourably on the
grounds of race, racial group, colour, ethnic or national origins, sex, pregnancy,
marital status, disability, sexual orientation, or religion or belief.
• Indirect discrimination occurs where an apparently neutral provision, criterion
or practice would put a substantially higher proportion of the members of one
sex, or people of a particular racial group, or religion or belief, sexual orientation
or with a disability at a particular disadvantage compared with other persons
unless that provision, criterion or practice is objectively justified by a legitimate
aim and the means of achieving that aim are appropriate and necessary.
• Associative Discrimination is direct discrimination against someone because
they associate with another person who possesses a protected characteristic.
• Perceptive Discrimination is direct discrimination against an individual because
others think they possess a particular protected characteristic. It applies even
if the person does not actually possess the characteristic.
• Victimisation occurs where a person is treated less favourably because they
have made a complaint of discrimination. This also applies to individuals who
may have assisted or supported the complainant, for example, as a witness or
by showing sympathy.
• Harassment occurs when unwanted conduct takes place with the purpose or
effect of violating the dignity of a person and of creating an intimidating, hostile,
degrading, humiliating or offensive environment. Harassment may involve
physical acts or verbal and non-verbal communications and gestures.
• Positive discrimination is where you make a decision in someone’s favour
because of their particular characteristic, e.g. race, gender or disability. Positive
discrimination is usually unlawful, unless it falls within one of the very limited
exceptions contained in the anti-discrimination legislation in relation to
disability or as a genuine occupation requirement.
• Positive action is often used as a way to minimise the effects and outcomes of
past discrimination on groups. In some limited circumstances, employers or
training bodies are allowed to take special measures relating to access to
training for particular work, or encouragement to apply for particular posts. For
example, where women are under-represented in senior management posts,
running special training for women to encourage them to apply for senior posts
is an example of positive action and lawful. However, the appointment of a
woman to a senior post solely on the basis of her gender would be an example
of positive discrimination and would be unlawful.
• Genuine occupational requirement is an express exception to the positive
discrimination on a particular ground. However, there are some very limited
circumstances in which it may be lawful to discriminate on grounds such as
race, gender, disability, sexual orientation or religion. For example, where being
of a particular racial or religious origin is an essential requirement for the job,
or for reasons of decency or privacy. For detailed information on exceptions
please refer to the appropriate anti-discrimination legislation.