What protected characteristics are protected from discrimination under the Act?
- age
- disability
- gender reassignment
- marriage and civil partnership
- pregnancy and maternity
- race
- religion or belief
- sex
- sexual orientation
What are the different types of discrimination and unlawful conduct under the act?
- direct discrimination
- indirect discrimination
- harassment
- victimisation
When does direct discrimination occur?
Occurs where ‘because of a protected characteristic, A treats B less favourably than A treats or would treats others’
In considering discrimination against a man, is any account to be given for the treatment of woman in connection with pregnancy or childbirth?
No it is not relevant to take into account any special treatment given to a woman in connection with pregnancy or childbirth
What is indirect discrimination?
Concerned with acts, decisions or policies (broadly speaking) which are not intended to treat anyone less favourably, but which have the effect of disadvantaging a group of people with a protected characteristic.
When does indirect indiscrimination occur?
A discriminates against B where:
- A applies to B a provision, criterion or practice (PCP)
- B has a protected characteristic
- A also applies or would apply the PCP to persons who do not share B’s protected characteristics
- The PCP puts or would put persons with whom B shares the characteristic at a particular disadvantage compared to others
- The PCP puts or would put B to that disadvantage
- A cannot show the PCP to be a proportionate means of achieving a legitimate aim
What are the three definitions of harassment under the Act?
- the general definition of harassment related to a protected characteristic
- conduct of a sexual nature
- less favourable treatment because of a person’s rejection of a submission to harassment of a sexual nature or harassment related to sex or gender reassignment
What is the general definition of harassment?
A harasses B if A engages in unwanted conduct related to a relevant protected characteristic which has the purpose or effect of either:
- violating B’s dignity or
- creating an intimidating, hostile, degrading, humiliating or offensive environment for B
What should be taken into account in deciding if something amounts to harassment?
- B’s perception
- the other circumstances of the case
- whether it is reasonable for the conduct to have that effect
What does the victimisation provisions protect against?
They protect individuals who do (or may do) protected acts such as bringing discrimination claims, complaining about harassment or becoming involved in another person’s discrimination complaint
When does victimisation occur?
Where A subjects B to a detriment because either:
- B has done a protect act
- A believes B has done or may do a protect act
What are protected acts under the Act?
- bringing proceedings under the Equality Act 2010
- giving evidence or information in connection with proceedings under the Equality Act 2010 regardless of who brought those proceedings
- doing any other thing for the purpose of or in connection with the Equality Act 2010
- alleging whether expressly or otherwise that A or another person has contravened the Equality Act 2010
How do the disability provisions differ from the anti-discrimination provisions in the Equality Act?
The anti-discrimination provisions prohibit certain types of behaviour
The disability provisions require the taking of active steps to reduce the barriers that disabled people may face
What do the disability provisions require?
- service providers must not discriminate against a person requiring the service by not providing the person with the service
- must not in providing the service, discriminate against a person:
i) as to the terms on which A provides the service to B
ii) by terminating the provision of the service to B
iii) by subjecting B to any other detriment
- service providers are under a duty to make reasonable adjustments
What is the aim of the duty to make reasonable adjustments?
Aim is to make sure that a disabled person can use a service as close as it is reasonably possible to get to the standard usually offered to non-disabled people
Service providers should take steps to remove and prevent these obstacles
Who is under a duty to make reasonable adjustments?
Anyone providing goods, facilities or services to the public or section of the public or carrying out public functions or running an association
When does the duty to make reasonable adjustments arise?
The duty is anticipatory - reasonable adjustments should be made in advance of a disabled person wanting to use services.
Need to think in advance about what a disabled person may reasonably need
What is reasonable in terms of the adjustments that a service provider is required to make?
Depends on the size and nature of the organisation, the nature of the goods, facilities or services provided and the resources available
When can a disabled person bring a claim against a service provider?
When they can show that there were barriers that should have been identified and reasonable adjustments could have been made
AND
They received a poor or inferior service as a result of adjustments not being made
What may a service provider be ordered to do after facing a successful claim by a disabled person?
May be ordered to pay compensation
May be ordered to make reasonable adjustments
When do the three requirements in relation to disabled persons apply?
When disabled person would be otherwise placed at a substantial disadvantage compared with people who are not disabled
What is the first requirement in relation to disabled persons?
Changing the way things are done (provision, criterion or practice).
It relates to rules or ways of doing things, whether written or unwritten, that could present barriers to disabled people.
It might be reasonable to stop the practice completely or change it so that it no longer has that effect
What is the second requirement in relation to disabled persons?
Making changes to overcome barriers created by the physical features of premises, if these are open to the public or a section of the public.
Under the second requirement, what must service providers do if there is a physical feature that puts disabled people using a service at substantial disadvantage?
The service provider must take reasonable steps to:
- remove the feature or
- alter it so that it no longer has that effect or
- provide a reasonable means of avoiding the feature or
- provide a reasonable alternative method of making the service available to disabled people
