On Linked In, I look at popular jargon and unpack it through an Equality Act compliance lens.
A while ago, I looked at Structural Inequality
What is this from a DEI point of view?
Generally defined as “a system that creates conditions where one category of people have an unequal status in relation to another category of people. This is systematically rooted in the normal operations of social institutions such as education, employment, laws an regulations and healthcare” (https://lnkd.in/d7CEtiun)
The UK’s statutory context of challenging systemic inequalities is sometimes argued as having started at the Macpherson Report 1999 (https://lnkd.in/d-Pxped5) which labeled the police response to the teenager’s killing “institutionally racist”, a term that captured so well the unwitting prejudice within policy, procedures and plain racial stereotyping afflicting parts of British society. This led to what is now enacted the “Public Sector Equality Duty” (the subject for a planned, future post)
But actually the origins are, in my view, embedded in the concepts of “indirect discrimination” (first see in s1(1)(b)in Sex Discrimination Act 1975).
What is this from EA compliance point of view?
One needs to consider Indirect Discrimination? (now s19 Equality Act 2010)
Indirect discrimination occurs when a policy, rule, or practice that appears neutral on the surface puts certain groups of people at a particular disadvantage compared to others. While the intention might not be discriminatory, the outcome can still be harmful and result in unequal opportunities.
For example:
Imagine a company requires all employees to work full-time, on-site, with no exceptions. While this rule applies to everyone, it may disadvantage some women (more likely to have caring responsibilities) and disabled individuals who need flexible arrangements. If the company can’t justify this rule as necessary for the role, it could be a case of indirect discrimination.
Implications for DEI Practices and practitioners:
Key Points to Remember:
1. Neutral on the Surface, Unequal in Effect – It’s about the impact, not necessarily the intention.
2. Protected Characteristics – It applies to attributes like age, sex, race, religion, or disability.
3. Objective Justification – Organisations can defend a policy if they can prove it is a proportionate means to achieve a legitimate aim.
By recognising and addressing indirect discrimination, organisations can minimise risk of court action, high legal costs and reputational damage.