What does indirect discrimination refer to?

Study for the IBLA Labor Law Exam. Enhance your knowledge with flashcards and multiple choice questions, complete with hints and explanations. Get prepared for your exam!

Indirect discrimination refers to situations where an ostensibly neutral policy, practice, or rule has a disproportionately adverse effect on members of a particular group, even if there is no intent to discriminate against that group. This type of discrimination often emerges in contexts such as employment, housing, and public services, where practices that seem fair on the surface can lead to significant disadvantages for certain individuals based on characteristics such as race, gender, age, or disability.

For instance, a company may implement a hiring policy that requires all candidates to possess a specific educational degree. While this requirement appears neutral, it could unintentionally exclude a higher proportion of candidates from certain background groups that may have less access to that education. Therefore, what might seem like an objective criterion can lead to indirect discrimination against a group that is underrepresented within that educational field.

The other options describe forms of discrimination but do not accurately capture the concept of indirect discrimination. Bias against an individual in a personal capacity is more aligned with direct discrimination, where individual prejudice leads to unequal treatment. The idea that indirect discrimination affects only specific job categories is misleading, as it can occur across various sectors and job types. Lastly, intentional inequality in treatment reflects direct discrimination rather than the more subtle and often unintentional nature of

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