Can indirect discrimination be lawful




















In the context of the protected characteristic of sex, examples of indirect discrimination might include:. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason.

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Or call us on A legitimate aim is the reason behind the discrimination. This reason must not be discriminatory in itself and it must be a genuine or real reason. This is likely to be a legitimate aim. This means it must be appropriate and necessary. If there are better and less discriminatory ways of doing things, it will be more difficult to justify discrimination.

The fire service requires all job applicants to take a number of physical tests. This could be indirect discrimination because of age, as older people are less likely to pass the tests than younger applicants. But the fire service can probably justify this. Fire fighting is a job which requires great physical capability.

The reason for the test is to make sure candidates are fit enough to do the job and ensure the proper functioning of the fire service. This is a legitimate aim.

Making candidates take physical tests is a proportionate way of achieving this aim. Economic reasons alone are not enough to justify discrimination. But costs can be taken into account as part of the justification if the person can show there are other good enough reasons for the treatment. Skip to navigation Skip to content Skip to footer.

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