For direct discrimination to take place, it is not necessary -
(a) that the prescrived attribute be the sole or dominant ground for the unfavourable treatment; or
(b) that the person who discriminates regards the treatment as unfavourable; or
(c) that the person who discriminates has any particular motive in discriminating.
Example:
A women with controlled bipolar disorder was not given a job answering phones because she informed the employer of her disability. Because her condition is managed, it would not affect her ability to fufil the requirements of the job. This may be direct discrimination on the basis of disability in the area of employment.
Indirect discrimination takes place if a person imposes a condition, requirement or practice which is unreasonable in the circumstances and had the effect of disadvantaging a member of a group of people who -
(a) share, or are believed to share, a prescribed attribute; or
(b) share, or are believed to share, any of the characteristics imputed to that attribute -
more than a person who is not a member of that group.
For indirect discrimination to take place, it is not necessary that the person who discriminates is aware that the condition, requirement or practice disadvantages the group of people.
Example:
An employer requires all employees to pass a demanding physical test before being recruited to a particular position. This requirement may indirectly discriminate against older employees if the physical test is not an inherent requirement of the position.
