Legitimate and Proportionate Aim

This objective test is applied to a number of equality scenarios including all indirect discrimination, discrimination arising from disability and direct age discrimination. Here below is a guide taken from the Commission for Equality and Human Rights. 

Proportionate means that:

• what the employer is doing is actually achieving its aim
• the discriminatory effect should be significantly outweighed by the importance and benefits of the legitimate aim
• the employer should have no reasonable alternative to the action they are taking. If the legitimate aim can be achieved by another or less discriminatory means, they must then opt for that route.

Legitimate means:

• economic factors such as the needs of and the efficiency of running a business
• the health, welfare and safety of the individual (including protection of young people or older workers)
• the particular training requirements of the job.

A legitimate aim must correspond with a legitimate need of the employer.