What is indirect discrimination in employment law?
Indirect discrimination occurs when a seemingly neutral policy or requirement disproportionately affects a particular minority group, even if there is no explicit intent to discriminate. For example, in the landmark U.S. case Griggs v Duke Power Co (1971), a company required a high school diploma and IQ test results for higher-paying jobs. These requirements, though not overtly discriminatory, disproportionately excluded Black employees who were less likely to have diplomas. The Supreme Court ruled such policies unlawful unless they are job-related and consistent with business necessity. Indirect discrimination highlights how policies can unintentionally create barriers for minority groups and is a key concept in equality law.
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