Q: What is Unlawful Discrimination?
The relevant legislation recognises two kinds of discrimination: direct and indirect.
Direct discrimination involves treating a person `less favourably than another'' in the same or similar circumstances, on a prohibited ground or for a prohibited reason - for example the denial of a position to a female job applicant on the basis of gender. The legislation also applies to decisions made because of stereotyped beliefs, opinions or attitudes - for example discrimination on the basis of a belief that people of a certain race are lazy, or that women are not ambitious.
Indirect discrimination involves a requirement or policy which may appear to be fair, and universal in its application, but which has an unfavourable and disproportionate effect on members of a particular group, and is not a reasonable requirement. Indirect discrimination can occur without any intention on behalf of the discriminator to disadvantage a particular individual or group.
This record last updated Thursday, 26 April 2012 by Dannii Ellul