19 . I therefore suggest that the Court give the following answer to the first and second questions referred by the national court : a public statement made by an employer in the context of a recruitment drive, to the effect that applications from persons of a certain ethnic origin will be turned down, constitutes direct discrimination within the meaning of Article 2 ( 2 ) ( a ) of the Directive.
32.
These are direct discrimination ( s . 13 ( 1 ) Equality Act 2010 ), indirect discrimination ( s . 6 and s . 19 Equality Act 2010, harassment ( s . 26 Equality Act 2010 ), victimisation ( s . 27 ( 2 ) Equality Act 2010 ), discrimination arising from disability ( s . 15 ( 1 ) Equality Act 2010 ) and failure to make reasonable adjustments ( s . 20 Equality Act 2010 ).
33.
The Court heard the case on 22 January 2012 and delivered its judgment on the 25th of April 2013, in which it found that homophobic statements regarding recruitment of football players made by a person who is perceived by the public as having a leading role in the football club can constitute direct discrimination on the basis of sexual orientation, which is prohibited by the Council Directive 2000 / 78 establishing a general framework for equal treatment in employment and occupation.
34.
Where there is an " occupational requirement " direct discrimination is lawful, so that for instance an employer could refuse to hire a male actor to play a female role in a play, where that is indispensable for the job . " Indirect discrimination " is also unlawful, and this exists when an employer applies a policy to their workplace that affects everyone equally, but it has a disparate impact on a greater proportion of people of one group with a protected characteristic than another, and there is no good business justification for that practice.
35.
The Court did not expressly approve that, but it did say that the scope of the two is not identical [ 58 ] and that article 6 is addressed to member states [ 67 ] . ( It is also worth noting that in " Ingeni�rforeningen i Danmark ", Advocate General Kokott pointed out that the objectives which might be relied upon to justify direct discrimination, whether under article 6 ( 1 ), 4 ( 1 ) or 2 ( 5 ), were " fewer than those capable of justifying an indirect difference in treatment, even though the proportionality test requirements are essentially the same " [ AG31 ] .)
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