Examples of discrimination by sector

Direct Discrimination

Example 1

Sandra is 58 years old and works as an Administrator. Sandra’s manager has been reviewing his team’s effectiveness and has concluded that Sandra would not fit in with “the new younger team” he was looking to create and that he didn’t think she would be a “good fit”. This would likely be direct discrimination of age.

Example 2

Oliver is 25 years old and has applied for a position selling insurance. The employer however rejects Oliver’s application because it wants an older salesperson with ‘gravitas’. This would likely be direct discrimination of age.

Discrimination by perception

You’re in your late 30s but you look a lot younger. You were hoping to represent your firm at a prestigious conference later in the year. Your employer has decided to send a colleague of yours instead. He says that although you have the necessary experience he wants someone more mature looking. Your colleague has the same experience as you and is in fact slightly younger, although he doesn’t look it. This would likely be unlawful discrimination because of your perceived age.

Discrimination by association

Jane works in the media industry. Her employer has organised a social event however her employer does not extend the invitation to Jane and her husband because her husband is much older than her and would not ‘fit in’ with the other employees. This would likely be direct discrimination by association as Jane has been treated differently because of her husband’s age.

Indirect discrimination

An employer selects you for redundancy on the basis of ‘Last In, First Out’. This will tend to disadvantage younger people, who are more likely to have joined recently and would therefore likely be indirect discrimination.

Harassment

You’re in your late 50s and your colleagues have been making disparaging remarks about you including jokes about your age and slow typing speed. There have also been instances of aggressive comments pressuring you to retire to allow for another colleague to be promoted to your post. Your colleagues believe they are being playful and mean no harm however you feel embarrassed and intimidated by your colleagues’ behaviour. This could be discriminatory harassment.

Victimisation

A worker is treated less favourably because he campaigned to help a colleague who had been harassed and pressured to retire because of his age. This could be discriminatory victimisation.

Direct discrimination

Example 1

Barry is 64 years old and has been refused entry into a bar because of his age when a young person has been admitted. This would likely be direct discrimination.

Example 2

An estate agent refuses to rent a house to two 18 year old university students because they “might damage the property by partying too hard”. This would likely be direct discrimination.

Indirect discrimination

An optician says you can pay for glasses in instalments if you are in employment. This disadvantages people who have retired and would therefore be indirect discrimination of age. Although this service provider’s policy applies to everyone, it has a different and worse effect on you because of your age which is a protected characteristic under the Act.

Harassment

Example 1

John is 74 years old and routinely visits his local pharmacy to collect his prescriptions. The staff are very familiar with John and start to make jokes related to John’s hearing and use a demeaning tone which leaves John feeling humiliated and uncomfortable. This would likely be discriminatory harassment.

Example 2

Sarah is 45 years old and a member of her local football club. Some of her team mates repeatedly make derogatory comments about her age such as she is “too old for the game” and “can’t keep up”. Her team mates consider their behaviour harmless and a bit of fun however Sarah feels embarrassed and considers quitting football. This would likely be discriminatory harassment.

Victimisation

A woman provides evidence on behalf of a gentleman during an age discrimination claim and is subsequently refused access to the services provided by the alleged discriminator as a result. This could be discriminatory victimisation.

Direct discrimination

Example 1

Ahmed is blind. He applies for an IT course and meets the entry requirements however his application is refused because the education provider wrongly assumes that blind people cannot use computers. This is likely to be direct disability discrimination.

Example 2

An autistic pupil is excluded from a school trip because the school believes that she will not be able to participate in the activities, but no consideration has been made to make reasonable adjustments. This is likely to be direct disability discrimination.

Indirect discrimination

A school has a policy that if a pupil receives three detentions in a term, they will automatically be given a one-day fixed period exclusion. Pupils on the autism spectrum are much more likely to break the school rules than other pupils. This is likely to amount to indirect disability discrimination because this policy has a worse effect on autistic pupils because of their disability and the school would find it very difficult to justify the treatment as a proportionate means of achieving a legitimate aim.

Discrimination arising from a disability

School catering staff feel that a student with sensory impairments is rude and disruptive when queuing for her meal. Because of this the catering staff refuse to serve her. The student may be behaving in a way that others deem rude and disruptive however is being treated less favourably because of something connected to their disability. To refuse to serve the student because of their behaviour may be discriminatory.

Failure to make reasonable adjustments

A disabled pupil requires assistance with personal care needs, such as toileting, washing and dressing. This assistance is provided during the school day by a learning support assistant. The school arranges an overnight school trip for his year group but failed to arrange for his learning support assistant to accompany him on the trip and support beyond a normal school day. The pupil is therefore at a substantial disadvantage as he is unable to attend the trip with his peers and is missing out on an additional valuable learning experience available to non-disabled pupils in his class. If it is not possible for the school to find a reasonable means of enabling the pupil to attend such as asking his parents/carers to go on the trip, then it should consider whether there is an alternative equivalent trip that could be organised for that year group in which the disabled pupil would be able to participate.

Failure to make anticipatory adjustment

Example 1

A university has a policy whereby only staff are allowed to use car parking spaces. This would likely be a discriminatory policy as some students, for example students with mobility and visual impairments, may require the use of their own vehicle to attend lectures. The school should provide flexibility in the policy so that students who require a parking space have access to one.

Example 2

Catering staff feel that a student is rude and disruptive when queuing for her meal. Because of this the catering staff refuse to serve her. As mentioned previously, this would likely be discriminatory. The school could have avoided this outcome by:

• Ensuring the catering staff are trained on disability awareness to increase their knowledge and recognise related behaviours
• Assessing the environment (canteen) to determine whether it is accessible to students with sensory impairments
• Asking a member of staff to discuss with the student the conduct that is expected when interacting with staff

Direct discrimination

An employee is chosen for redundancy after the employer discovers that they have a physical health condition that counts as a disability. This is likely to be direct disability discrimination.

Discrimination by perception

Example 1

Tracey had multiple sclerosis and had to use a cane but did not tell her employer about her medical condition because she was afraid of possible negative attitudes. Even though she used a cane to walk, she did not request any accommodations to do her consulting job. The employer nevertheless fired her because it perceived her to be disabled. This would be discrimination by perception.

Example 2

Paul had a bad back condition in the past which limited him in lifting more than a certain amount of weight however he is no longer limited in this way. His employer however fired him because of speculation that Paul was going to have a problem in the future as a result of lifting even though Paul has no present disability and has not asked for any adjustments. This would be discrimination by perception.

Discrimination by association

A father has a disabled son who needs to attend medical appointments during his working hours. An opportunity for promotion becomes available at work however his manager discourages him from applying because of his caring responsibilities and associated absences even though his colleagues have had similar amounts of time off work. This could be direct discrimination by association because of the protected characteristic of disability.

Indirect discrimination

Rose has Crohn’s disease. This means that she needs toilet breaks more often than her colleagues. Her employer has a policy that allows staff a total of three toilet breaks a day. This policy applies to all staff but it has a bigger effect on some disabled staff including Rose. This policy may discriminate against Rose unless her employer can justify it. To do this they need to show why they need this policy to run the service.

Discrimination arising from a disability

Marcus has bi-polar disorder. He has worked for 2 years for his employer who knows he has bipolar disorder. His employer disciplines him because of the amount of absences he has had. Marcus has been treated worse not because of his disability but because of something arising out of his disability – the time he has taken off sick. This may be discrimination arising from Marcus’s disability. But Marcus's treatment will not be discrimination arising from disability if his employer can show that the treatment was for a good reason, and appropriate and necessary.

Harassment

Roderigo has depression. His colleagues make jokes about his “negative attitude” and constantly ask him to “cheer up”. His colleagues believe they are being playful and mean no harm however it upsets Roderigo and leaves him feeling hurt, helpless and embarrassed. This is likely to be harassment.

Victimisation

A non-disabled employee gives evidence on behalf of a disabled colleague during a disability discrimination claim at the Employment Tribunal. After this, the non-disabled employee’s manager refuses her promotion on the basis that her loyalty to the company is in question. This is likely to be victimisation.

Failure to make reasonable adjustments

An employee with a physical illness finds it difficult waking up in the morning owing to her new medication. Her employer disciplines her because of her recent absences despite having knowledge of her condition. The employee informs her manager of her new medication and side effects and subsequently asks for a later start time however her request is declined despite other colleagues having flexible working arrangements. This could be unlawful discrimination however the employee would need to show that someone without a disability would not be affected, or would be less affected, by the particular rule or lack of support.

Direct discrimination

Louise has had bipolar disorder for all her adult life. She tries to get a loan from a loan company, and tells them that she has a mental health condition. Without looking at Louise’s credit rating, the loan company decides not to give Louise a loan because they think that people with bipolar disorder are unable to control money. The loan company continues to give loans to people in a similar position to Louise but who do not have bipolar disorder. This is likely to be direct disability discrimination.

Discrimination by perception

A bank incorrectly assumed that David had a long-term mental health problem. They refused him a loan for this reason, even though he has no mental health problem. This would likely be unlawful discrimination by perception.

Discrimination by association

James, whose mother is disabled, wants to join his local tennis club. The club’s membership committee thinks that James will not be reliable in turning up for practice sessions and matches because of his caring responsibilities for his mother. They therefore refuse to admit him as a member. This would likely be unlawful discrimination because of James’s association with his disabled mother.

Indirect discrimination

Example 1

Jack has been invited to participate at a local outdoor activity centre. On safety grounds, the centre requires a medical certificate of good health for all participants in any activities however Jack cannot get such a certificate as his doctor does not consider him ‘in good health’ because he has severe depression. Although ensuring that health and safety is a legitimate aim, the blanket application of the policy is unlikely to be justified because some conditions such as mental health problems do not always impede the ability to undertake strenuous exercise safely.

Example 2

A hotel has a policy whereby only staff are allowed to use the on site car parking spaces located at the rear of the premises request that customers use the multi-storey car park located directly opposite the hotel. This would likely be a discriminatory policy as some customers, for example customers with mobility and visual impairments, may find it difficult to negotiate steps, kerbs, challenging surfaces etc, and would be at less of a disadvantage if they were able to make use of the parking spaces on site. The hotel should therefore provide flexibility in the policy unless the hotel can justify the policy that puts disabled people at a disadvantage.

Discrimination arising from Disability

An individual is refused access to a restaurant because it is busy and the owner is concerned his wheelchair will get in the way. This individual has been treated less favourably because of something connected to their disability. To refuse to accommodate the gentleman may be discriminatory.

Failure to make reasonable adjustments

You have mental health problems and a phobia of opening letters. The Treasury has been writing to you about some unpaid taxes they say you owe them. Because of your disability you're unable to open the letters. Changing the way they communicate with you would be a reasonable adjustment for the Treasury to make to avoid you suffering a disadvantage.

Failure to make anticipatory adjustment

A bank’s practice is that certain issues should be resolved over the telephone. A customer with severe speech impediment finds it difficult to sort out an issue over the phone and asks the phone operator if he can put it in writing. The phone operator however declines the request and explains that protocol requires that this specific issue must be discussed over the phone. This could be unlawful discrimination unless the bank can justify why it cannot make the changes and remove the barrier faced by the disabled customer.

This particular practice could impact a number of disabled persons not just those with speech impediments such as those with a hearing impairment or learning disability. Therefore as part of its anticipatory duty as a service provider, the bank should have considered what it needed to do to make its services accessible to all its disabled customers.

Direct Discrimination

A black employee with the same skills and qualifications as his white colleagues is passed over for promotion on several occasions. The post is filled by white employees. This could be direct discrimination because the black employee is being treated less favourably compared to his white colleagues.

Discrimination by perception

Ayana applies for a job vacancy at an advertising company. She wants to demonstrate her keen interest and initiative therefore decides to call the company to learn more about the role. During the call, the employer asks Ayana a number of peculiar questions such as details about her family, taste in music and favourite social spots. Ayana believes the call went well however she receives an email a few days later informing that her application was unsuccessful as the employer 'does not consider applications that have suggestive ghetto names or interests'. This could be direct discrimination by perception.

Indirect discrimination

An employer introduces a new dress code to the workplace. As part of the rules, they decide to prohibit cornrow hairstyles. This could amount to indirect race discrimination as it is more likely that these hairstyles will be worn by certain racial groups.

Harassment

Muhammad has worked for his employer for 2 years. He is very familiar with his colleagues however they constantly make inappropriate 'terrorist jokes' and believe it is playful and harmless banter. Muhammad however is deeply offended and upset by the offensive remarks and so-called 'playful' accusations. This is likely to be harassment because of Muhammad’s Muslim ethnicity.

Victimisation

A manager is threatened with disciplinary action because senior managers believe that the manager is going to uphold an employee’s complaint against senior members of the company which relates to race discrimination. This could be victimisation.

Direct Discrimination

Example 1

A group of Asian men are refused entry into a nightclub because it is apparently full however the following group of white men are permitted access. This could be direct discrimination because the group of Asian men are being treated less favourably compared to the group of white men.

Example 2

A Roma woman is closely followed by the security guard around a shop. The security guard does not follow anyone else in the same way. This could be direct discrimination because the Roma woman is being treated less favourably because of who they are (Romany gypsy) compared to the other customers in the shop.

Discrimination by association

You and your Roma friend are being closely followed by the security guard around a shop. The security guard does not follow anyone else in the same way. This could be direct discrimination by association because you are being treated less favourably because of your connection with your Roma friend.

Discrimination by perception

Keisha calls a beauty salon to make an appointment. The salon asks for her details and after confirming her name the salon incorrectly assumes Keisha is black and goes on to explain that her skin tone would most likely be too dark for most colours in the salon. This would likely be discrimination by perception as the salon owner believes Keisha is of a particular race and treats her less favourably as a result.

Harassment

Damian visits a badminton club as an associate as it is affiliated with his home badminton club. While waiting for his match, Damian overhears the club manager make abusive remarks about him being Polish which he finds humiliating and offensive. This would be unlawful harassment of an associate.

Victimisation

You support your friend’s racial discrimination claim against your local gym. During your next visit to the gym you enquire about a current special offer however you are told you are not eligible even though you satisfy the requirements. This would likely be victimisation as you are being treated badly because you helped your friend who had been discriminated against.

Direct discrimination

Example 1

You have been employed at a company for four years and put in many hours of overtime. You return to work after taking a year of maternity leave and you tell your employer that you will not be able to put in as many hours of overtime. You are subsequently demoted and receive less pay, while male colleagues in similar positions are allowed to cut back their overtime hours for personal reasons without any changes to their positions or pay. This could be direct sex discrimination as you have been treated less favourably than a man because you are a woman.

Example 2

A male worker’s request for flexible working arrangements is refused despite his female colleague’s request for the same arrangement being approved. His employer explained that his understanding was that women’s applications for flexible working should be favoured over men’s. This could be direct discrimination as he has been treated less favourably than his female colleague and his employer has wrongly assumed women’s requests for flexible working should be favoured over men’s.

Indirect discrimination

Example 1

An employer requires its employees to work full time however this may put female employees at a disadvantage as it is more likely that they are the primary carer of their children and may need to work part-time or work flexibly. This could constitute indirect sex discrimination.

Example 2

An employer advertises for a ‘waitress’. This suggests that the employer is discriminating against men. By using a gender neutral term such as ‘waiting staff' or by using the term ‘waiter or waitress’, the employer could avoid a claim of discrimination based on this advert.

Harassment

Paul works for a company and has recently received some unwanted attention from his manager. His manager has been making sexually suggestive comments and unwelcome sexual advances both in front of his colleagues and in one-to-one meetings. The remarks can be vulgar and offensive which leaves Paul feeling uncomfortable and demeaned. This could be harassment related to sex because Paul is being subjected to unwelcome behaviour by his manager.

Victimisation

Three years ago an employee helped his colleague in a sexual harassment claim against his manager. Last week that employee was refused a promotion by the same manager who says that she would never forget that harassment claim. The employee can claim victimisation despite the fact that the protected act (giving information which was used in a discrimination claim) took place three years ago.

Direct Discrimination

Example 1

A nightclub charges men to enter but allows women in free of charge. This could be direct sex discrimination because men are being treated less favourably than women.

Example 2

A breastfeeding mother is feeding her 9 month old baby at a local café. The café manager asks the mother to cover up because other customers appear to be uncomfortable with it. This could be direct sex discrimination as she is being treated less favourably than a man because she is a woman. She would not be protected under pregnancy and maternity because the discrimination took place after the protected period of 26 weeks.

Indirect discrimination

Example 1

A local authority consults with people living in the area on its proposed plans for work. It announces renovation work to be carried out on a block of flats in which the only ramped entrances will be closed at the same time. As women are more likely to be the carers of young children, a woman points out that this plan will make it more difficult for women using a pushchair, including herself, to get in and out of the block. Although the work has not yet started, this could be indirect sex discrimination unless the council can justify its one-off decision.

Example 2

When a local council holds its consultation meetings on a weekday evening, it discovers that fewer women than men attend. A woman complains that this is because some women, including herself, cannot come because of childcare responsibilities. This is enough to demonstrate disadvantage and would therefore be indirect discrimination unless the council can justify its decision to hold meetings on weekday evenings.

Harassment

Example 1

A woman is waiting to be served at a DVD rental store with a group of men. The shop assistant who is talking loudly with a couple of male customers about a new film makes lewd comments about some of the sex scenes in the film. Although the comments are not specifically directed at or concern women, the woman who finds the comments humiliating and offensive may have a claim of harassment.

Example 2

A male prisoner rejects sexual advances and unwanted touching by a female prison officer. The prison officer subsequently recommends to the assistant governor that his hours of paid work be reduced and the assistant governor acts on the recommendation. This could amount to less favourable treatment for rejecting unwanted conduct.

Victimisation

Example 1

Your friend makes a sexual harassment claim against an employee at a local nightclub. After you give evidence as a witness to support their claim, you are subsequently refused entry into the nightclub.

Example 2

Three years ago a customer helped an employee of a bank in a sex discrimination claim against the local branch of that bank. Last week, that customer was refused an overdraft facility by the local bank manager who says that he will never forget that tribunal claim. The customer can claim victimisation despite the fact that the protected act (giving information which was used in a discrimination claim) took place three years ago.

Direct Discrimination

Example 1

An employee needs to take time off work to attend medical appointments in relation to his gender reassignment process. The request is refused despite there being sufficient staff to cover so his employer is most likely being unreasonable. This would likely amount to unlawful direct discrimination related to gender reassignment.

Example 2

A saleswoman informs the employer that she intends to spend the rest of his life living as a man. As a result of this, he is demoted to a role without client contact. The employer increases his salary to make up for the loss of job status. Despite the increase in pay, the demotion would likely constitute as less favourable treatment because of gender reassignment.

Discrimination by perception

A feminine-looking man visits a menswear store to enquire about a job vacancy. Following an informal chat, the manager discourages him from applying because he thinks that he is transgender and that he is “looking for someone with more masculinity to sell the products". The man would likely have a claim for direct discrimination because of perceived gender reassignment, even though he is not in fact transgender.

Indirect Discrimination

Example 1

An employer starts an induction session for new staff with an ice-breaker designed to introduce everyone in the room to the others. Each worker is required to provide a picture of themselves as a toddler. One worker is a transgender woman who does not wish her colleagues to know that she was brought up as a boy. When she does not bring in her photo, the employer criticises her in front of the group for not joining in. It would be no defence that it did not occur to the employer that this worker may feel disadvantaged by the requirement to disclose such information. To avoid a claim of indirect discrimination the employer should consider alternative ice-breaker activities that won’t compromise the dignity or security of any individual.

Example 2

A transgender employee is required to travel abroad for work purposes. Her employer requires two forms of ID for going on trips abroad, one of which must be a birth certificate. This puts the employee in a very difficult position to provide a second form of ID as she does not want to disclose the fact that she had a different gender assigned at birth. To avoid a claim of indirect discrimination the employer should have ways of allowing an alternative form of additional ID, for example, a driving (or provisional) licence, otherwise the employer is likely to risk indirect discrimination claims from transgender employees.

Harassment

An advisor for a careers guidance service is overheard by a transgender client making offensive and humiliating comments to a colleague about her looks and how she is dressed. This could amount to unlawful harassment related to gender reassignment.

Victimisation

Two years ago you made a complaint of harassment against your colleague related to your gender reassignment. Your former colleague is now your manager and arranges for you to be redeployed not because of your gender reassignment, but rather because you had the impertinence to suggest that he had discriminated against you. His act could amount to unlawful victimisation related to gender reassignment.