An example of discrimination
An example of direct discrimination in higher or further education might be if a student was unfairly given a lower grade in an essay because the person marking it knew the student was gay. Direct discrimination in employment and education is illegal, and there are many policies in place to protect you against it.
More subtle forms of discrimination
Discrimination can also take more subtle forms, hence the term indirect discrimination. This is where a provision or condition that appears neutral in fact disadvantages a person or group of people.
In higher or further education, this might be a university or college arranging an examination on the date of a major religious festival, or a students’ union holding its meetings in a venue that’s not accessible to wheelchair users.
Indirect discrimination is also frequently a violation of the law. However exceptions can sometimes be made if the institution or employer can show they have a valid reason for implementing that policy.
Discrimination and the law
Many laws exist to protect different groups of people from discrimination. These are constantly being updated or amended in response to new circumstances or research findings. Below are some recent examples:
The Racial and Religious Hatred Act 2006
The Racial and Religious Hatred Act 2006 makes it an offence to stir up hatred against persons on religious grounds. It provides protection against harm to people because of their religious beliefs or lack of religious beliefs.
The Gender Equality Duty 2007
The Gender Equality Duty 2007 requires public institutions, including higher education institutions, to promote gender equality and eliminate sex discrimination. The emphasis is on taking a proactive approach to prevent problems, rather than acting only when cases are brought forward.
The Disability Discrimination Act 2005
The Disability Discrimination Act 2005 makes it unlawful to discriminate against disabled people in respect of employment, rights of access to goods, facilities, and services and of buying or renting land or property, education and transport.
The Equality Act (Sexual Orientation) Regulations 2007
The Equality Act (Sexual Orientation) Regulations 2007 outlaw discrimination on the grounds of sexual orientation in the provision of goods and services.
The Race Relations Act 1976 (Amendment)
The Race Relations Act 1976 (Amendment) Regulations 2003 redefines indirect discrimination and introduces a new definition of harassment, which is applicable to both employers and employees.
What to do if you’re being discriminated against
If you or someone you know is being discriminated against, don’t suffer in silence. As demonstrated above, discrimination is illegal. The people discriminating against you are therefore violating your rights and breaking the law.
Your university or college will have policies in place to support you, but since these policies vary between institutions, it’s hard for NUS to advise you on an individual basis.
Approach your equality and diversity officer
A useful first step is to approach your university’s equality and diversity officer (if it has one), your student services department, or your students’ union, who may produce guidance on this issue.
Many unions also have liberation officers who represent black, women, lesbian, gay, bisexual and trans, and disabled students. You can find out who these officers are on your union’s website.