Race Discrimination In Jersey - The Draft Law

At last, the draft of the primary enabling Discrimination Law in Jersey is available to be considered.

The main definitions are set out below followed by a few key considerations for employers.

Direct discrimination

A person directly discriminates against another by treating that person less favourably than another person because of a particular characteristic.

This is likely to be fairly easy to identify. An example is not employing someone because they are of a particular descent eg. Polish. However, it may not be so easy to prove.

Indirect discrimination

Indirect discrimination is more complex. A person indirectly discriminates against another where they apply a provision, criterion or practice, which the person cannot show to be a proportionate means of achieving a legitimate aim, that disadvantages, or potentially disadvantages, people with a particular characteristic.