The different forms of discrimination
The most common form of discrimination in employment is disability discrimination. Disability is defined as the ‘physical or mental impairment which has a substantial and long-term adverse effect on the ability to carry out day to day activities’. If someone is disabled, the potential employer or recruitment business bears the onus of making reasonable adjustments for those candidates to reduce any disadvantage that they have in comparison to non-disabled people during the recruitment process.
If, for example, an online application or the results of an aptitude test shows multiple spelling mistakes, employers and recruitment agencies must be alive to the possibility that the candidate could have a disability and could explore this and where necessary, they could adjust their recruitment processes to have a verbal test or a telephone application to assist those who may have a learning difficulty such as dyslexia. The automatic stance should not be that the disability is a barrier to them being employed, rather that questions should be raised as to what reasonable adjustments can be made to help the candidate to give them a level playing with a non-disabled person.
The different forms of discriminatory behaviours include:
• Direct discrimination – occurs when an employer or recruiter treats somebody less favourably because of a protected characteristic.
• Indirect discrimination – when an employer or recruiter applies a provision, criterion or practice (PCP) to everyone for example an age limit, so that it is more difficult for certain groups with a particular protected characteristic to comply and it is to their detriment. The application of a PCP can be justified if the recruitment business and/or employer can show that it has applied the PCP proportionately and it is a means to achieve legitimate aim.
• Harassment – occurs through offensive conduct which relates to a protected characteristic and creates a hostile and intimidating environment.
• Victimisation – occurs when a candidate is subjected to retaliation for complaining about discrimination. For example, the withdrawal of a job offer after a candidate complains about harassment through offensive comments made at an interview.
Credit: Paul Chamberlain of JMW Solicitors LLP/REC
