The concept of discrimination
as an offense and a meaningful ground for legal action and remedy is understood
in the legal system of the United Kingdom as being split into two specific
subjects: direct discrimination and indirect discrimination. Either of these
categories for discrimination can refer to a diverse array of factors comprising
of an individual’s identity, as defined by either that person or others, and
can thus be used to mount a legal action and bring compensation to the
plaintiff.
Direct discrimination refers to an action which explicitly
specifies the trait for which a person is being excluded or discriminated
against in some way, while indirect discrimination can be determined to have
occurred when some other trait which is named as being discriminated against
can be reliably linked to a group vulnerable to discrimination. In enacting the
latter principle of indirect discrimination, British legal theorists are
believed to have drawn on the precedent of the 1964 American Civil Rights Act,
as well as on decisions by the U.S. Supreme Court.
In terms of the prevention of
both direct discrimination and indirect discrimination, one of the most
pertinent pieces of legislation is the Sex Discrimination Act of 1975.
According to this legislation’s language on indirect discrimination, the
requirement of a trait which is generally not found in women would thus
constitute indirect discrimination against women. Indirect discrimination is
generally held to be more applicable on a society-wide basis, while direct
discrimination tends to arise instead from individually brought cases.
