Indirect or institutional discrimination occurs when an unequal distribution of rights, duties and opportunities is written into the functioning of an institution. It is a situation where laws, regulations, criteria or commonly accepted practices lead to unequal treatment of certain people in comparison to others in a similar situation. Some laws may appear to be non-discriminatory and neutral – i.e. having nothing to do with the category of ethnicity, religion, gender, disability, gender identity, etc. – but their application may lead to unequal treatment of a particular group.

Example: Making it mandatory for students with difficulties with verbal speech to take a classical oral exam because it is written in the course syllabus (unless it would be required by the nature of the course).

Example: Not allowing transgender students to use their chosen names on university online platforms.