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Cilex Level 6 Employment law > Discrimination > Flashcards

Flashcards in Discrimination Deck (10)
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1

Types of discrimination

Direct (13)
Indirect
Associative
Perceptive
Duel( 2 or more area's excluding P&M)
Harassments
Victimisation

2

Direct 2 stage test

Is treatment less favorable
If so was it due to protected characteristic
needs a comparator (exc pregnancy and disability treatment can be unfavorable)

3

Direct discrimination Justification

generally not possible - exception age/sex/race if genuine occupational requirement must be legitimate and proportionate

4

Associative Meaning

due to condition of a close linked person such as child/spouse covers age/disability/gender reassignment/race/religion or belief sex and sexual orientation

5

Perceptive discrimination

Discriminator perceives/believes has a protected characteristic but they do not

6

Indirect

a blanket policy or practice which can not be justified
ie must be over 6ft tall
must be able to carry 30Kg
Applies to all groups except Pregnancy's & maternity

7

Indirect discrimination Justification

must satisfy a real need of the employer and necessary and appropriate to achieving the objective

8

indirect test

Is the objective important to justify limiting the right to equality
Is the measure no more than necessary to achieve the objective
Are the means no more than necessary to achieve the objective

9

Harassments definition

Unwanted behavior that make another feel offended humiliated or intimidated

10

Victimisation definition

Person treated badly or subjected to a detriment due to complaining/supporting a victim of discrimination