LRD guides and handbook June 2014

Law at Work 2014

Chapter 6

Perception discrimination and harassment

[ch 6: page 164]

The definition of direct discrimination is broad enough to prohibit perception discrimination or harassment. This is where an employee is treated less favourably because they are mistakenly believed to have a protected characteristic, for example, where an employee suffers abuse for being a Muslim when in reality they are of another faith, or of no faith, or where an obese worker is treated less favourably through being mistaken as disabled.

Again, note that protection against this kind of discrimination does not extend to the protected characteristics of pregnancy, maternity, marriage or civil partnership.