Know the Difference: Direct Vs. Indirect Discrimination in the Workplace

Discrimination can be a complex issue. Sometimes it is obvious when you face discrimination, but sometimes you may not be sure that you are truly being discriminated against.

We often talk about two types of discrimination: direct and indirect. But what is the different between them?

Direct Discrimination

Direct discrimination is when you are treated differently or unfairly because of your age, religion, sex, sexuality, race or any other of the protected characteristics specified in the Equality Act 2010 in the UK and several acts in the United States, including the Civil Rights Act of 1964. These acts makes such treatment unlawful, meaning you can take action against it through the civil courts.

It could be due to who you are, someone you are with or know, or who someone thinks you are. And it is direct discrimination even when the person does not realise they are discriminating against you.

In cases of direct discrimination, you must be able to show that you were treated differently to someone else without your protected characteristic, known in the Equality Act as a ‘comparator.’

When someone treats you differently because of someone you are with or know, this is called ‘direct discrimination by association.’ For example, you may be treated differently because your partner is a different race.

When someone treats you differently based on who they think you are, this is called ‘direct discrimination by perception.’ For example, someone may treat you differently because they think you are homosexual when you are not.

Indirect Discrimination

Indirect discrimination is sometimes not as easy to spot as direct discrimination. This is when you are treated the same as everyone else, but it affects you negatively because of who you are, and it is also included in the Equality Act 2010.

This is when there is a policy, practice or rule that applies to everyone in the same way, but it puts you at a disadvantage because of your religion, race, sex, etc, and there is no good reason for it. The rule itself may seem fair even when it is actually indirect discrimination.

For example, there may be a rule at your place of work stating that all employees have to work on Sundays. But if you are religious and go to church on Sundays, this puts you at a disadvantage.

What to Do If You Face Discrimination of Any Kind

Whether you face direct or indirect discrimination in the workplace, it is important to take action. The treatment you face could be unlawful, and in this case you may want to consult a lawyer specialising in discrimination at work.

This may be a good idea because a lawyer will be able to tell you whether you have a case, and they will also instruct you on what you should do next, which may include collecting evidence. You can also file a complaint through your human resources department that will get elevated as needed.

Know the Signs of Discrimination

Discrimination in all its forms is not acceptable in the workplace. If you feel like you are being discriminated against for any reason, you do not have to put up with it. Always seek professional guidance if you are unsure whether your treatment is illegal, and then you can take action to put an end to it from one these discrimination lawyers in Kansas City https://www.kdh-law.com

A discrimination lawyer’s assistant for 10 years, Cerys Davidson is fighting to end workplace discrimination. She writes on this topic for a number of websites, encouraging people to stand up for their rights and get educated in what is and isn’t okay.