Research on employment - related BTB (and
similar) policies suggests that some employers may react by statistically discriminating against groups with high rates
of criminal involvement; however, this
type of discrimination is less likely to be an issue in the context
of college BTB.
The s 48 machinery differs in two material ways from the tests applicable to race, sex, sexual orientation and religious
discrimination cases: a race -
type discrimination claim can be brought out
of time where the tribunal considers it «just and equitable» to do so — an easier threshold to cross than the «reasonable practicability» test
of s 48 (3)(b); and in race -
type cases there is no equivalent to the «series
of similar acts» exception for bringing a series
of discontinuous acts into time.