It may be indirect but it is still discrimination
What is the definition of indirect discrimination ?
The definition of indirect discrimination is an extension of how direct discrimination is defined in Irish Equality Law. It covers situations where policies or procedures which were not intended to discriminate, do so in practice. For example, a height restriction in a job application could have the effect of excluding certain groups.
It can happen by association. A person may be discriminated against because they are associated with a group which is protected under one of the 9 grounds.
If the employer can objectively justify the policy on reasonable grounds which are not related to the 9 prohibited areas then it may be deemed to be non discriminatory.
The burden of proof
As in the case of direct discrimination, the burden of proof lies with the person claiming that they were discriminated against. The claimant must establish a prima facie case. Then the burden passes to the employer to disprove the case.
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