What is defined as direct discrimination?

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!

Direct discrimination refers to a situation where an individual is treated less favorably than another person in a comparable situation specifically because of a characteristic that is protected under anti-discrimination laws, such as race, gender, age, disability, or religion. This definition emphasizes that the unfavorable treatment is not just a general matter of performance but is distinctly linked to those protected characteristics.

In this context, the correct answer clearly highlights that there is "clear unfavorable treatment based on a protected ground." This aligns perfectly with the legal concept of direct discrimination, where the cause of the mistreatment is overtly connected to an individual's protected attributes, leaving no ambiguity in the intent or action.

The other options depict scenarios that do not fit the legal definition of direct discrimination. Unfavorable treatment based on performance does not relate to protected characteristics and could be justified based on job-related criteria. Equal treatment of all employees directly contradicts the concept of discrimination, since it refers to treating everyone the same without regard for their individual circumstances or protected characteristics. Indirect adjustments made for specific groups refer to practices intended to promote equality, but do not convey the straightforward negative treatment characteristic of direct discrimination.

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