ABSTRACT

The importance of the distinction between direct and indirect discrimination lies in the much more general defence of objective justification available for indirect discrimination. For a prima facie case of indirect discrimination, the requirement to be racially Jewish for automatic qualification would be one with which a considerably smaller proportion on non-Jews could comply. In Mormoroc , the finding was that the difference in treatment was due to the liability to be deported, and not nationality. One might expect that the comparative process is both straightforward and so rigid as not to allow any discretion. One interpretation of pregnancy discrimination cases is that the treatment favours all men and disfavours some women. Cumulative cases are so-called because they comprise two or more criteria assembled to implement a single policy.