Direct Discrimination Definition
Discrimination is defined as the unequal treatment of individuals or groups, based on certain characteristics. Direct discrimination occurs when an individual or group is treated less favorably than another individual or group, on the basis of a protected characteristic. The protected characteristics are: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex (including gender), and sexual orientation.
There are four key elements to direct discrimination:
1. An individual or group must be treated less favorably than another individual or group.
2. The less favorable treatment must be on the basis of a protected characteristic.
3. There must be a comparator – that is, someone to compare the treatment with in order to show that it is less favorable. In some cases, there may not need to be an actual comparator – for example, if someone is directly discriminated against because of their race.
4. The less favorable treatment must have a detrimental effect on the individual or group who is being discriminated against.
