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Equal Opportunity On Line Training Module 1: Legal Overview

Indirect Discrimination

Indirect discrimination occurs when there is a requirement, rule, policy, practice or procedure that:

  • A person with an attribute does not or cannot comply with
  • Is the same for everyone, but has an unequal or disproportionate effect for a specific group of people or individuals
  • Is not reasonable in the circumstances

For example requiring that all students receive lecture materials only in written 12pt font treats everyone the same, but discriminates against those with vision impairments who may require materials in large fonts or Braille. 

A rule or practice designed to protect health and safety that is reasonable in the circumstances, however, could be applied to all students and staff without constituting unlawful discrimination.

Examples of indirect discrimination could include:

Requiring staff to have a current driver's license may constitute indirect discrimination based on disability in circumstances where driving is not an inherent requirement of their position.  It may not be sufficient to argue that staff may be required to travel to other campuses as there are other ways a staff member could travel between campuses other than to drive themselves.

Setting a hurdle requirement for academic promotion of attending International conferences may constitute indirect discrimination based on disability or parental/carer responsibilities. Where a staff member's inability to travel overseas for a protected reason becomes a barrier for them to meet a hurdle requirement indirect discrimination could be the result.

Scheduling compulsory classes and or examinations on Friday afternoons or on Saturdays may constitute indirect discrimination based on religious belief or activity. Students whose religious observance obligations do not permit them to attend at these times (i.e prayer obligations for male Muslim students and the Sabbath for Jewish students) could be significantly disadvantaged if not provided with an alternative.

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