Direct vs Indirect Discrimination
Discrimination occurs when someone is treated unfairly based on factors such as sex, race, or religion. This unfair treatment can happen in various settings, including schools, workplaces, and on the streets. Discrimination can take two forms: direct and indirect. Both forms may be unlawful if they violate the law.
What is Direct Discrimination?
Direct discrimination occurs when an individual is treated unfavorably due to personal attributes such as sex, race, age, disability, or parental status. This form of discrimination is straightforward and can have a significant impact on the person being discriminated against. Direct discrimination is often deliberate, and common victims are individuals with a noticeable difference within a group. A well-known example is the caste system in South Asian countries, where individuals belonging to lower castes are often treated unfairly. Another example is the corporate setting, where women may be passed over for promotions due to their sex, even if they are more qualified than their male counterparts.
What is Indirect Discrimination?
Indirect discrimination occurs when a policy or regulation appears to treat everyone equally but has the effect of negatively affecting a specific group of people in an unfair manner. A seemingly neutral policy can have a discriminatory impact on certain individuals. For example, policies that only provide benefits to full-time, permanent employees may indirectly discriminate against part-time or contract workers. Indirect discrimination is not always deliberate, and victims often belong to a group whose rights have been violated.
Key Takeaways
- Direct discrimination is deliberate and occurs when an individual is treated unfairly due to personal attributes, such as sex or race.
- Indirect discrimination occurs when a policy or regulation appears to treat everyone equally but has the effect of negatively affecting a specific group of people in an unfair manner.
- Both direct and indirect discrimination can violate the rights of individuals and groups, potentially leading to legal consequences for the perpetrator.
