ADRCDiscrimination

How the Equality Act defines

discrimination

Harrassment and victimisation

Indirect discrimination

Discrimination arising from a disability

Direct discrimination

The Equality Act identifies four types of discrimination:

Direct Discrimination:

Definition

Treating someone with a protected characteristic, such as disability, less favourably than others

Direct Discrimination

Example

• A blind student meets the entry requirements for a biochemistry course
• They are denied a place, because the education provider wrongly assumes they will be unsafe in laboratory environments
• This is unlawful.

Discrimination arising from a disability:

Definition

Discrimination arising from a disability, not because of the disability itself

Discrimination arising from a disability:

Example

• A student with depression takes medication that makes them drowsy in the morning. One day, they fall asleep in an early class
• The tutor wakes the student and tells them to leave
• Unless the lecturer can prove they did not know and could not have been reasonably expected to know, this is unlawful discrimination arising from disability.

Indirect discrimination:

Definition

A practice or rule applicable to everyone that has a greater negative impact on someone with a protected characteristic

Indirect Discrimination

Example

• A staff member insists that all examinations are handwritten
• This puts students with motor or sight impairments, or those who are neurodiverse at a disadvantage.
• This is indirect discrimination
• Reasonable adjustments may reduce the legal risk. Best practice is to reconsider the approach to examinations and diversification of assessment.

Victimisation and harrassment:

Definition

Treating someone less favourably because they asserted their rights in line with the Equality Act

Victimisation and Harrassment

Example

• A student with an anxiety disorder is unable to present in front of the class and requires a reasonable adjustment to complete an assessment
• The tutor assesses them alone, marks the assignment down as they believe presenting is person to a group is essential, and tells the student they are not going to do well
• If presenting in person cannot be proven to be an essential requirement to meet the course competence standards, this is unlawful and may also constitute harassment.

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