The Equality Act 2010 Introduction

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Presentation transcript:

The Equality Act 2010 Introduction The EA 2010 makes it unlawful to discriminate against a person because of some personal characteristic recognised by the legislation. Thinking point The act makes it unlawful to discriminate against someone because of their: -

- - The Protected Characteristics Age (s.5) Belonging to a particular group, e.g. over 50’s or people 21 years of age Disability (s.6) A physical or mental impairment which has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities, e.g. asthma

- Gender reassignment (s.7) A person who has proposed, started or completed a process to change their sex, e.g. a man who decides to live the rest of his life as a woman with or without medical intervention Marriage and Civil Partnership (s.8) A person who is married or in a civil partnership Thinking point: Does it cover those cohabiting? Pregnancy and Maternity Covers the period from conception to birth and maternity leave, see the case of CD v ST

What do you think of the decision in CD v ST? Race (s.9) Includes colour, nationality and ethnic or national origins, e.g. Romany gypsies Religion and belief (s.10) Any religion and any religious or philosophical belief. It includes lack of religion and belief, e.g. humanism and atheism See Grainger v Nicholson

- Sex (s. 11) Being a man or a woman, e.g. women have a dress code and men do not See Schmidt v Austicks Bookshop Sexual Orientation (s.12) Covers orientation towards persons of the same sex, the opposite sex or either sex, e.g. heterosexual, gay, lesbian and bisexual 4. The types of discrimination

The Act refers to “prohibited conduct” and makes unlawful the following types of discrimination: - Direct (s.13) Indirect (s.19) Harassment (s. 26) Victimisation