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Discrimination by Perception

Discrimination by Perception

Discrimination by perception is direct discrimination where an employer treats a worker less favourably because the employer mistakenly thinks that the worker has a protected characteristic. However, this does not apply to pregnancy and maternity or marriage and civil partnership.

Examples of discrimination by perception

  • An employer rejects a job application form from a white woman whom he wrongly thinks is black because the applicant has an African sounding name. This would constitute direct race discrimination based on the employer’s mistaken perception.
  • A masculine looking woman applies for a job as a sales assistant. The sales manager thinks that she is transsexual because of her appearance and does not offer her the job, even though she performed the best at interview. The woman would have a claim for direct discrimination because of perceived gender reassignment even though she is not in fact transsexual.
  • It is direct discrimination if an employer treats a worker less favorably because of the worker’s association with another person who has a protected characteristic; however, this does not apply to marriage and civil partnership or pregnancy and maternity.

Contact our employment law experts today

Are you are an employee who has been discriminated against by your employer?  Please call our specialist employment lawyers on 03456 381381 for advice on making a potential compensation claim. Alternatively, please  email your details to employment@ibblaw.co.uk

Marc Jones

Marc Jones

Partner marc.jones@ibblaw.co.uk 01895 201719