Discrimination under the Equality Act 2010 occurs when someone is treated unfairly because they have a "protected characteristic" or are perceived to have one, or because they are associated with someone who has a protected characteristic.
Understanding Discrimination
The Equality Act 2010 makes it unlawful to discriminate, harass, or victimise someone based on certain characteristics. It's crucial to understand that discrimination can take various forms and can affect people in different ways.
Protected Characteristics
The Equality Act 2010 identifies specific traits known as "protected characteristics." Discrimination related to these is prohibited:
| Protected Characteristic | Description |
|---|---|
| Age | Refers to a person's age, such as discriminating against older workers. |
| Disability | Includes physical or mental impairments that have a substantial and long-term effect on a person's ability to carry out day-to-day activities. |
| Gender Reassignment | Refers to individuals who are transitioning or have transitioned to a different gender. |
| Marriage and Civil Partnership | Protects those who are married or in a civil partnership. |
| Pregnancy and Maternity | Safeguards individuals during pregnancy and after childbirth. |
| Race | Includes a person’s skin colour, nationality, ethnic or national origin, or their descent or ancestry. |
| Religion or Belief | Encompasses religious and philosophical beliefs, including the absence of belief. |
| Sex | Refers to whether someone is male or female. |
| Sexual Orientation | Deals with an individual’s attraction towards people of the same sex, different sex, or both. |
Forms of Discrimination
Discrimination can manifest in several ways:
- Direct Discrimination: Treating someone less favorably because of a protected characteristic.
- Example: Not hiring a qualified candidate because they are pregnant.
- Indirect Discrimination: Applying a policy or rule that, while seemingly neutral, disadvantages a group with a protected characteristic.
- Example: Requiring all employees to work late shifts, which may disadvantage those with childcare responsibilities.
- Harassment: Unwanted conduct that violates a person’s dignity or creates a hostile, degrading, humiliating, or offensive environment.
- Example: Repeatedly making offensive jokes about someone's religion.
- Victimisation: Treating someone badly because they have made a complaint under the Equality Act, or helped someone else to do so.
- Example: Being demoted after reporting discrimination in the workplace.
"Perceived" and "Associated" Discrimination
- Perceived Characteristic: It's discriminatory to treat someone unfairly if you think they have a particular protected characteristic, even if they do not.
- Example: Treating an employee differently because you assume they are gay.
- Associated Characteristic: Discrimination also applies when someone is treated unfairly because they are connected to someone who possesses a protected characteristic.
- Example: Not inviting an employee to a work event because their partner is disabled.
Key Takeaways
- The Equality Act 2010 provides legal protection against discrimination.
- It is important to be aware of your own biases and to treat everyone fairly.
- If you believe you have been discriminated against, you have the right to seek legal advice and redress.
