2. The law
Job applicants enjoy protection against discrimination on the grounds of:
· colour, race, nationality, ethnic origins and national origins;
· disability
· gender;
· pregnancy
· relationship status
· religion or belief
· sexual orientation
· Trades Union membership
· transgender status (i.e. where a job applicant has had a sex change or is in the process of changing sex); .
Rejection for employment is also unlawful if it is on the grounds of a 'spent' criminal conviction (with some exceptions). NHS Scotland has exemptions from this. Contact your HR department for further advice.
The general principle contained in the UK's anti-discrimination laws is that all job applicants must be treated equally, irrespective of gender, race, etc. The structure of the law on disability is slightly different in that the employer may choose, if it wishes, to treat a disabled candidate more favourably than other candidates. Such preferential treatment is not permitted under the other anti-discrimination laws.
Discrimination can be direct, i.e. targeted at an individual, or indirect.
Indirect discrimination occurs where the employer unjustifiably imposes a criterion as part of the recruitment process, which, although applied to all job applicants, has or could have a disproportionate adverse effect on certain people. An example could be a requirement for job applicants to take a health and fitness test as part of the recruitment process. Such a requirement would be discriminatory and unlawful unless the employer could show that it was appropriate and necessary for the effective performance of the job, and not excessive in relation to the needs of the job.
It is irrelevant whether or not discriminatory treatment is intentional.
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