Unlike most discrimination policies discrimination between, which is the discernment of qualities and recognition of the differences, focused here discrimination against is the prejudicial treatment of a person or a group of people based on certain characteristics. It can be positive, prejudicial behavior directed towards a certain group, or negative, behavior directed against a certain group. The latter is the most common meaning, i.e. negative discrimination. Discrimination on grounds such as race or religion, is generally illegal in most Western societies, while discriminating between people on the grounds of merit is usually lawful. The latter is more commonly referred to as "differentiating." When unlawful discrimination takes place, it is often described as discrimination against a person or group of people.

Direct vs. subtle

Unlawful discrimination can be characterized as direct or subtle. Direct discrimination involves treating someone less favorably because of their possession of an attribute (e.g., sex, age, race, religion, family status, national origin, military status, sexual orientation, disability, body size/shape), compared with someone without that attribute in the same circumstances. An example of direct discrimination would be not offering a job to a woman because she is likely to take maternity leave whereas a man is not. Indirect or subtle discrimination involves setting a condition or requirement which a smaller proportion of those with the attribute are able to comply with, without reasonable justification. The U.S. case of Griggs v. Duke Power Company1 provides an example of indirect discrimination, where an aptitude test used in job applications was found "to disqualify Negroes at a substantially higher rate than white applicants".

Race discrimination

Racial discrimination differentiates between individuals on the basis of real and perceived racial differences, and has been official government policy in several countries, such as South Africa in the apartheid era, and the USA.

In the UK the inquiry following the murder of Stephen Lawrence accused the police of institutional racism.

• Weaver v NATFHE (now part of the UCU) Race/sex discrimination case. An Industrial (Employment) Tribunal in the UK in 1987 decided that a trade union was justified in not assisting a Black woman member, complaining of racist/sexist harassment, regardless of the merits of the case, because the accused male would lose his job. The Employment Appeal Tribunal upheld the decision, which still stands today as the definitive legal precedent in this field. Also known as the Bournville College Racial Harassment issue.