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Prohibited Conduct Direct Discrimination (s.13) - Definition: less favourable treatment see B v A NB: Discrimination by association see EBR Attridge v Coleman Possible defence genuine occupational requirement (GRO) A good motive is no defence see Moyhing v Barts NHS
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(ii) Indirect discrimination (s.19)
More subtle than direct, for example a height requirement Definition: a requirement which has a disproportionate adverse effect on people with a “pc”. Defence: Proportionate means of achieving a legitimate end see the case of Azmi v Kirklees MBC Harassment (s.26) Definition: Unwanted conduct which is offensive; sexual harassment, or treating someone less favourably because they have submitted to or rejected sexual harassment, sex or gender reassignment A single act or comment may be enough see Richmond Pharmacology v Dhaliwal and In Situ Cleaning Co. Ltd. V Heads
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(iv) Victimisation (s.27)
Definition: Where someone subjects another to a detriment because they have complained or made allegations of discrimination under the Act Example: An employer gives someone a bad reference because they made a complaint of sexual harassment against a colleague NB: Like for like comparison under s. 23 in cases of direct and indirect discrimination NB: Discrimination at work s. 39 from hiring through to termination
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Employers Liability S.109 employers are vicariously liable for the actions of employees Example: See the case of Chief Constable of Lincolnshire Police v Stubbs and Burton and Rhule v De Vere Hotels S. 40 employers are liable for harassment by a third party if they know it has taken place and fail to take reasonable steps to prevent it happening again
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Defences (i) Genuine Occupational Requirement (GOR) It may be lawful for an employer to state that applicants for a job must have a particular protected characteristic Example: NB: Difficult to prove as employers must show that they cannot achieve their aim in another non-discriminatory way See Wylie v Dee & Co (Menswear) Ltd
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(ii) Objectively Justified Discrimination
May be justified as “a proportionate means of achieving a legitimate aim” Example: NB: Not available for direct discrimination except age Remedies Under s.123 make a complaint to ET within three months of the occurrence of the act complained of Compensation
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