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Indirect Discrimination

Employers

Definition

Indirect discrimination occurs when there is an unreasonable rule or policy that is the same for everyone but has an unfair effect on people who share a particular attribute.

Examples: 

  1. It could be indirect sex discrimination if a policy says that managers must work full-time, as this might disadvantage women because they are more likely to work part-time because of family responsibilities.
  2.  It could be indirect disability discrimination if the only way to enter a public building is by a set of stairs because people with disabilities who use wheelchairs would be unable to enter the building.

Female Aboriginal Australian Worker on Solar Farm wearing Hi-Vis Workwear

Legal Protection

Indirect discrimination is unlawful if the discrimination is based on certain attributes protected by law, such as a person’s race, sex, pregnancy, marital or relationship status, breastfeeding, age, disability, sexual orientation, gender identity or intersex status. Some limited exceptions and exemptions apply.

Indirect discrimination is not unlawful when the rule or policy is reasonable, having regard to the circumstances of the case.

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