Distinguishing Between Direct and Indirect Discrimination

This article critiques two commonly discussed ways of understanding the distinction between direct and indirect discrimination. On first, discrimination is intentional, whereas unintentional. second, applies where discriminator (D) singles out complainant (C) for differential treatment on basis that C possesses a protected characteristic. By contrast, D acts provision or criterion neutral its face (ie makes no reference to characteristic). The then offers an alternative distinction, whereby occurs treats adversely, regards C's possession characteristic as factor in favour according treatment. instead way disproportionately disadvantages members group, which belongs, distinguished by members’