3. Equality Act 2010

Question 1

Can direct discrimination take place because of a protected characteristic that a person does not personally have?

Answer 1

Yes, a person can be discriminated against because of their association with a person who has a protected characteristic, or because they are wrongly perceived to have one

Question 2

What are the two grounds upon which direct discrimination can be justified?

Answer 2

1. Age
2. Disability

Question 3

What must be shown of measures that directly discriminate on the basis of age or disability, or that indirectly discriminate on any ground?

Answer 3

They are a proportionate means of achieving a legitimate aim

Question 4

When assessing proportionality, what will the courts look at?

Answer 4

Whether there is another less discriminatory way of achieving the same aim

Question 5

What is the limited way in which direct discrimination due to disability can be justified?

Answer 5

A person can treat someone unfavourably because of something arising in consequence of another’s disability, if they can show the treatment is a proportionate means of achieving a legitimate aim

Question 6

Does the prohibition against discrimination apply to the provision of services?

Answer 6

Yes

Question 7

What is a firm’s obligation regarding disabled employees and clients?

Answer 7

They must provide reasonable adjustments such that these parties are not at a substantial disadvantage, and must not pass the costs on

Question 8

Does “reasonable adjustments” means that all requirements must be catered for?

Answer 8

No, only those which are reasonable