ABSTRACT
Two forms of discrimination on the prohibited grounds (race, sex, religion, etc) are identified in the legislation: direct and indirect. Direct discrimination arises where, for instance, an advertisement reads: ‘Librarians wanted, no women need apply.’ This directly discriminates against women. The advert may be amended to read: ‘Librarians wanted, applicants must be over six foot tall.’ This is not direct discrimination, but it has broadly the same effect as the first, and as such, may indirectly discriminate against women (and possibly some racial groups), unless it can be justified. Unlike indirect discrimination, there is no general defence1 to direct discrimination, only specific exceptions provided by the legislation, such as genuine occupational qualifications.2 The definitions of direct discrimination across the legislation are broadly the same, although there are some relatively minor differences, which will be highlighted in this chapter when appropriate.
