Indirect discrimination occurs when a company rule applies to everyone but ends up putting certain groups at a disadvantage. It’s not always obvious and may not be intentional. Still, it can have real impacts on people based on characteristics like race, religion, gender, disability or age.
While a rule may look neutral at first glance, it can have unequal effects on different groups. Below are some key points to consider.
Dress codes
A common example is a workplace dress code that bans all head coverings. This may seem fair because it applies to everyone. However, it could disadvantage employees who wear head coverings for religious reasons, such as hijabs or turbans.
Unless there’s a clear safety reason for the rule, it may be considered indirect discrimination against people of certain faiths.
Work schedules
Another example is requiring employees to work late hours or weekends with no flexibility. While this rule might seem reasonable, it can negatively affect employees with caregiving responsibilities, who are often women.
If the schedule makes it hard for certain groups to meet their family responsibilities, it could be seen as indirect gender discrimination.
Language requirements and national origin
Some employers require all employees to speak only English at all times, even during breaks. While this may aim to promote communication, it can disadvantage workers whose first language is not English.
If the rule isn’t necessary for the job, it may unfairly affect people based on their national origin.
Indirect discrimination is often harder to spot than direct discrimination. However, its effects can be just as harmful. Understanding how certain policies affect different groups is a key step toward creating a more inclusive workplace. If you have been discriminated against, it’s important to gather as much legal information as possible.