Through the ‘Protected Characteristics’ the Equality Act 2010 ensures that it is unlawful to discriminate against someone because of any of these characteristics which are defined by the University of Sheffield as:
- Age – The Act protects people of all ages. However, different treatment because of age is not unlawful direct or indirect discrimination if you can justify it (for example if you can demonstrate that it is a proportionate means of meeting a legitimate aim). Age is the only protected characteristic that allows employers to justify direct discrimination.
- Disability – The Act has made it easier for a person to show that they are disabled and protected from disability discrimination. Under the Act, a person is disabled if they have a physical or mental impairment which has a substantial and long term adverse effect on their ability to carry out normal day-to-day activities, which would include things like using a telephone, reading a book or using public transport.
- Gender reassignment – The Act provides protection for transsexual people. A transsexual person is someone who proposes to, starts or has completed a process to change his or her gender. The Act no longer requires a person to be under medical supervision to be protected– so a woman who decides to live as a man but does not undergo any medical procedures would be covered.
- Marriage and civil partnership – The Act protects employees who are married or in a civil partnership against discrimination. Single people are not protected.
- Pregnancy and maternity – A woman is protected against discrimination on the grounds of pregnancy and maternity during the period of her pregnancy and any statutory maternity leave to which she is entitled. During this period, pregnancy and maternity discrimination cannot be treated as sex discrimination. You must not take into account an employee´s period of absence due to pregnancy-related illness when making a decision about her employment.
- Race – For the purposes of the Act `race´ includes colour, nationality and ethnic or national origins.
- Religion or belief – In the Equality Act, religion includes any religion. It also includes no religion, in other words employees or jobseekers are protected if they do not follow a certain religion or have no religion at all. Additionally, a religion must have a clear structure and belief system.
- Sex – Both men and women are protected under the Act.
- Sexual orientation – The Act protects bisexual, gay, heterosexual and lesbian people.
JD
The Equality Blog 