Indirect discrimination

New and updated

  • Ojutiku resurrected

    Date:
    1 March 1988
    Type:
    Law reports

    In Hampson v Department of Education and Science (16.12.87) EOR18A, the EAT says that the "sound and tolerable reasons" test for justifiable indirect discrimination under s.1(1)(b) of the Race Relations Act 1976 set out by the Court of Appeal in Ojutiku v Manpower Services Commission is still binding and has not been overruled by the decision in the House of Lords in the equal pay case of Rainey v Greater Glasgow Health Board EOR11A applying the European Court's more stringent test of "objective justifiability" in Bilka Kaufhaus v Weber Von Hartz EOR9A.

  • Selection criterion not "requirement or condition"

    Date:
    1 November 1987
    Type:
    Law reports

    In Meer v London Borough of Tower Hamlets (15.5.87) EOR16C, the EAT rules that in order to found a claim of indirect discrimination upon the basis of a selection criterion with a disproportionate impact, the criterion must be obligatory and operate as an absolute bar.

  • Protection headgear requirement justifiable

    Date:
    1 January 1986
    Type:
    Law reports

    Singh v British Rail Engineering Ltd (EAT, 29.7.85) EOR5B holds that a requirement for railway repair workers to wear protective headgear was justifiable notwithstanding that it discriminated against Sikhs.

About this topic

HR and legal information and guidance relating to indirect race discrimination.