Recent changes in the evidential requirements in indirect sex and race discrimination cases

Abstract

PurposeThe purpose of this paper is to critically analyse the impact of recent case law on the various evidential requirements in the area of indirect sex and indirect race discrimination in employment. It is intended to distil from the case law a comprehensive summary of the evidential requirements which an applicant in such a case must meet in order to succeed.Design/methodology/approachThe evidential issues and the requirements to be fulfilled by an applicant in such cases will be identified and analysed by means of a review of the case law in this area.FindingsDespite attempts of the courts to clarify the evidential requirements in this type of case, the law in this area remains complicated and confusing. Close analysis of the case law results in the identification and clarification of particular evidential “hurdles” which an applicant must clear in order to succeed.Originality/valueThe effect of these requirements results in a burden on an applicant in a case of indirect discrimination which is difficult to meet and the identification and clarification of the main issues will allow an applicant to focus on these requirements and increase the chances of a successful outcome. In this way the protection afforded by the law on indirect discrimination will become more effective. The findings are also useful in explaining to managers the nature and impact of the case law in this area.