Definitions of discrimination and other offences

Direct Discrimination

Treating someone less favourably on prohibited grounds (age, disability, gender identity, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation) than another would be treated in comparable circumstances, where the treatment cannot be justified (e.g. by a genuine occupational requirement).

Indirect Discrimination

Applying a provision, criterion or practice which disadvantages people of a particular group unjustifiably or disproportionately. An example of indirect discrimination could be the definition of potential beneficiaries in specific funds.

Discrimination by Association

Discrimination by association is the form of discrimination that occurs when the discriminatory ground applies to a person, but another person is badly treated in consequence. Sometimes, the phrase “transferred discrimination” has been preferred as a way of describing more accurately what has taken place within certain situations.

Discrimination by Perception

Discrimination by perception is discrimination against someone because he or she is wrongly perceived to have a certain protected characteristic, for example where an employer believes an employee is gay, or is of a particular race, and treats him or her less favourably as a result. This is unlawful discrimination under the Equality Act 2010.

Victimisation

A person is treated less favourably because they have or are expected to complain about discrimination.

Harassment

Unwanted conduct that has the purpose or effect of violating a person’s dignity by creating an intimidating, hostile, degrading, humiliating or offensive environment.

Bullying

Persistent, offensive, abusive, intimidating or insulting behaviour, abuse of power or unfair sanctions which make the recipient feel upset, threatened, humiliated or vulnerable, which undermines their self-confidence and which may cause them to suffer stress.