Freedom from Discrimination

The claim was for indirect discrimination: that is where a facially neutral measure has an adverse impact on a protected group. A simple example would be: ‘Librarians wanted, applicants must be at least six feet tall.’ That requirement would not directly discriminate on grounds of sex or race, but it would, indirectly, adversely affect women and certain racial groups. Indirect discrimination is unlawful unless the defendant can justify the measure irrespective of sex or race, as the case may be. Thus the theory of indirect discrimination is based upon two broad limbs. First, the claimant must show that their protected group (eg women) was adversely affected by a measure or practice (the prime facie case). Second, the burden shifts to the defendant to justify the measure.