What is direct discrimination Equality Act 2010?
What is direct discrimination? Direct discrimination is when you’re treated differently and worse than someone else for certain reasons. The Equality Act says you’ve been treated less favourably.
What is direct disability discrimination?
Direct discrimination is where you are treated less favourably because of your disability than someone without a disability would be treated in the same circumstances. Sometimes, it is possible to justify the rule, policy or practice that puts disabled people at a disadvantage.
What are 3 direct discrimination examples?
Examples of direct discrimination
- Age.
- Disability.
- Gender reassignment.
- Marriage and civil partnership.
- Pregnancy and maternity.
- Race.
- Religion and belief.
- Sex.
What is the test for direct discrimination?
The test for ascertaining whether there has been direct discrimination (on grounds of race or sex) is to look at whether the individual would not have received the unfavourable treatment “but for” his/her sex or race. The subjective motives of the alleged discriminator are irrelevant.
What is a comparator in discrimination cases?
If you’re directly discriminated against because of disability, the comparator is someone who doesn’t share your disability but who has the same abilities and skills as you. The comparator can be someone who’s not disabled or someone with a different disability.
What is the punishment for disability discrimination?
The act establishes several criminal offences with maximum penalties of imprisonment. These include victimising a person because they have been involved in making a complaint to the Human Rights Commission under the act (section 42), which carries a maximum penalty of imprisonment for six months.
Can direct discrimination be justified?
Yes. Unlike any other type of direct discrimination, such as direct sex or race discrimination, direct age discrimination can be justified.
How do you prove a discrimination case?
This requires a plaintiff to first establish a prima facie case of employment discrimination by demonstrating that she: (1) is a member of a protected class; (2) met her employer’s legitimate job performance expectations; (3) suffered an adverse employment action; and (4) another similarly situated employee outside of …
What is comparator evidence?
comparator evidence attempting to show that the plaintiff was treated differently than a similarly. situated individual outside the plaintiff’s protected class. Although plaintiffs often invoke. comparator evidence to prove discriminatory intent, comparator evidence may also be helpful in disproving that alleged intent …