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Chapter 7
Detriment
[ch 7: page 228]To succeed in a claim for direct discrimination, a claimant must show not just less favourable treatment but also that they have suffered a detriment (section 39(2)(d), EA 10). “Detriment” is a very wide concept. A feeling of distress, upset, unfairness or injustice as a result of having been the target of discrimination can be a detriment. There is no need to show an economic or physical loss. Very few cases of less favourable treatment will not also result in a detriment.