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In Great Britain, the Equality Act 2010 provides protection from discrimination across services, work, and education. Given its application across contexts, a non-prescriptive, case-by-case approach considering the context and available evidence is taken to determine whether employment decisions have a discriminatory impact. When there is a claim of unlawful discrimination, employers may be required to provide relevant evidence that the selection procedure represents a proportionate means of achieving a legitimate aim. Where it is more prescriptive is in cases of indirect discrimination (disparate impact), with its two-step process for burden of proof, where claimants must first provide sufficient evidence of unlawful discrimination before employers must then provide adequate evidence against the case. However, methods and thresholds for testing disparate impact are not defined. As such, practitioners in the UK can look to guidance and regulations in other more stringent jurisdictions, such as the US, where guidance is more developed, for best practices regarding specific approaches to testing for bias and fairness in selection procedures.
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