objective justification definition
objective justification is the process by which an employer may be able to objectively justify discrimination as being a proportionate means of achieving a legitimate aim. If challenged it is for the employer to justify the provision, criterion or practice so evidence should be produced to support any assertion that the discrimination is justified3. Considerations should be made for justification on the merits of each individual case. The question of whether the provision, criterion or practice is a proportionate means of achieving a legitimate aim should be approached in two stages: Is the aim of the provision, criterion or practice legal and non-discriminatory, and one that represents a real, objective consideration? If the aim is legitimate, is the means of achieving it proportionate – that is appropriate and necessary in all circumstances?
objective justification simply means something that is
objective justification that is ‘a proportionate means of achieving a legitimate aim’, then employers can discriminate both directly and indirectly. This requires the employer to provide clear evidence that the discrimination is proportionate to the aims of the employer and that the employer has no alternative but to take discriminatory action. This may include business needs, the health, safety and welfare of an individual employee or specific training requirements of a job. The employer must prove the discriminatory act is a real need and not merely to save money.