Commentary on Sections Part 2: Equality: Key Concepts Chapter 2: Prohibited conduct Effect
77.This section defines indirect discrimination for the purposes of the Act.
78.Indirect discrimination occurs when a policy which applies in the same way for everybody has an effect which particularly disadvantages people with a protected characteristic. Where a particular group is disadvantaged in this way, a person in that group is indirectly discriminated against if he or she is put at that disadvantage, unless the person applying the policy can justify it.
79.Indirect discrimination can also occur when a policy would put a person at a disadvantage if it were applied.  This means, for example, that where a person is deterred from doing something, such as applying for a job or taking up an offer of service, because a policy which would be applied would result in his or her disadvantage, this may also be indirect discrimination.
80.Indirect discrimination applies to all the protected characteristics, apart from pregnancy and maternity.