What is discrimination?

Direct discrimination

This is where a person is treated less favourably than another in a similar situation on a protected ground.

Indirect discrimination

This is where a rule or practice is applied across the board, but it operates to particularly disadvantage a protected group when compared to others outside the group, unless the rule is needed to achieve a legitimate aim, and the means of achieving that aim are appropriate and necessary.

Victimisation

This is where an individual has sought to enforce their rights, or helped another to do so, and as a result, is treated less favourably than others who have not complained.

Harassment

This where an individual is subjected to unwanted conduct on a protected ground which has the purpose or effect of violating their dignity or of creating an intimidating, hostile, humiliating or offensive environment.

Two further important areas to consider relating to disability are:

Discrimination arising from disability

This is where a person is treated less favourably for a reason arising from disability. This is different from direct discrimination in that the reason for the treatment arises from the disability, but is not the disability itself (direct discrimination).

Duty to make reasonable adjustments

This is where a practice, procedure or policy or a physical feature places a disabled person at a substantial disadvantage compared to a non-disabled person. The person bound by the duty must adjust the practice, procedure or policy where reasonable to do so.