Discrimination means treating someone unfairly or putting them at a disadvantage because of a protected characteristic. It can happen intentionally or unintentionally and can take different forms.
This article also explains victimisation and microaggressions, which can sometimes be connected to discrimination.
You do not need to be certain that what has happened to you is discrimination, victimisation or a microaggression before seeking support or making a report.
What is discrimination?
Under the Equality Act 2010, it is unlawful to discriminate against someone because of a protected characteristic.
The protected characteristics are:
- age
- disability
- gender reassignment
- marriage and civil partnership
- pregnancy and maternity
- race
- religion or belief
- sex
- sexual orientation
Discrimination can happen to students, staff and visitors, and can occur in person or online.
Direct discrimination
Direct discrimination happens when someone is treated less favourably because of a protected characteristic.
For example:
- refusing someone an opportunity because of their race
- treating someone less favourably because of their sexual orientation
- treating someone unfairly because they are pregnant or have recently given birth
- making assumptions about someone's ability because of their disability.
Direct discrimination can also happen because someone is perceived to have a protected characteristic, even if they do not, or because they are associated with someone who has a protected characteristic.
For example, someone may experience discrimination because they have a disabled child or partner.
Indirect discrimination
Indirect discrimination can happen when a rule, policy or way of doing things applies to everyone but puts people who share a particular protected characteristic at a particular disadvantage.
For example, a requirement that everyone must attend an activity at a particular time could disadvantage people with certain religious commitments or disabled people, depending on the circumstances.
Indirect discrimination may not be unlawful if the organisation can show that the requirement is a proportionate means of achieving a legitimate aim. This means there must be a genuine and lawful reason for the requirement and the approach must be appropriate and necessary.
Discrimination can be complex, and whether something is unlawful will depend on the circumstances.
What is victimisation?
Victimisation is when someone is treated detrimentally because they have:
- made a complaint or report about discrimination or harassment
- supported someone who has made a complaint or report
- given evidence or information in relation to a complaint or report
- are believed to have done any of these things.
For example, victimisation could include:
- being treated negatively by a manager or colleague because you reported harassment
- being labelled a "trouble-maker" because you raised a concern
- having opportunities, resources or information withheld because you supported someone else's complaint
- being threatened with negative consequences because you made or supported a complaint.
Victimisation is unlawful under the Equality Act 2010.
What are microaggressions?
Microaggressions are comments, questions, behaviours or assumptions that communicate negative, derogatory or stereotypical messages about someone because of an aspect of their identity.
They can be intentional or unintentional and may happen repeatedly over time.
Examples can include:
- in the UK, asking someone from a Black, Asian or Minority Ethnic background “Where are you really from?”
- repeatedly misgendering someone after they have shared their pronouns
- commenting that a disabled person "looks so normal"
- assuming that a man should be responsible for carrying heavy equipment
- making assumptions about someone's abilities, background or identity based on stereotypes.
Microaggressions can have a significant impact, particularly when they happen repeatedly or are not challenged. They can reinforce stereotypes and contribute to an environment in which someone feels excluded, uncomfortable or unwelcome.
A microaggression is not necessarily unlawful discrimination or harassment. However, depending on the circumstances, repeated or serious behaviour may constitute harassment or another form of unacceptable behaviour.
What can I do if I have experienced discrimination or related behaviour?
You do not need to work out exactly what to call what has happened before seeking support.
You can:
- seek support without making a report
- make a named report if you would like support or advice about your options
- make a named report if you want the concern to be considered through an appropriate process
- make an anonymous report if you do not want to identify yourself.
If you make a named report simply because you would like support, you can tell us this when you submit your report. You do not have to be seeking formal action or an investigation in order to access support.
If you are unsure whether what happened amounts to discrimination, victimisation or a microaggression, you can describe what happened in your own words. You do not need to identify the correct terminology.
What if I have witnessed something happening to someone else?
If you have witnessed behaviour that you are concerned may be discriminatory or harmful, you can also seek advice or make a report.
If someone tells you they have experienced discrimination or related behaviour, you can support them by:
- listening without judgement
- believing them and taking their concerns seriously
- allowing them to decide what they want to do
- helping them find appropriate support
- avoiding putting pressure on them to report or take action.
You can also seek support for yourself if you have been affected by something you have witnessed.
Find out more
King's is committed to creating a welcoming, inclusive and safe environment for all members of our community.
Find out more about King's approach to preventing and addressing bullying, harassment and sexual misconduct.
You can also find out more about your rights under the Equality Act 2010 through the Equality and Human Rights Commission.