Prohibited Conduct • Direct Discrimination (s. 13) - Definition: less favourable treatment see B v A NB: Discrimination by association see EBR Attridge v Coleman - Possible defence genuine occupational requirement (GRO) A good motive is no defence see Moyhing v Barts NHS
(ii) Indirect discrimination (s. 19) More subtle than direct, for example a height requirement - Definition: a requirement which has a disproportionate adverse effect on people with a “pc”. - Defence: Proportionate means of achieving a legitimate end see the case of Azmi v Kirklees MBC - Harassment (s. 26) - Definition: Unwanted conduct which is offensive; sexual harassment, or treating someone less favourably because they have submitted to or rejected sexual harassment, sex or gender reassignment - A single act or comment may be enough see Richmond Pharmacology v Dhaliwal and In Situ Cleaning Co. Ltd. V Heads
(iv) Victimisation (s. 27) - Definition: Where someone subjects another to a detriment because they have complained or made allegations of discrimination under the Act Example: An employer gives someone a bad reference because they made a complaint of sexual harassment against a colleague NB: Like for like comparison under s. 23 in cases of direct and indirect discrimination NB: Discrimination at work s. 39 from hiring through to termination
Employers Liability - S. 109 employers are vicariously liable for the actions of employees Example: See the case of Chief Constable of Lincolnshire Police v Stubbs and Burton and Rhule v De Vere Hotels - S. 40 employers are liable for harassment by a third party if they know it has taken place and fail to take reasonable steps to prevent it happening again
Defences (i) Genuine Occupational Requirement (GOR) It may be lawful for an employer to state that applicants for a job must have a particular protected characteristic Example: NB: Difficult to prove as employers must show that they cannot achieve their aim in another non-discriminatory way See Wylie v Dee & Co (Menswear) Ltd
(ii) Objectively Justified Discrimination May be justified as “a proportionate means of achieving a legitimate aim” Example: NB: Not available for direct discrimination except age Remedies - Under s. 123 make a complaint to ET within three months - of the occurrence of the act complained of Compensation
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