Discrimination 4.18.4 Flashcards
Types of discrimination
Direct Associative Indirect Harassment Victimisation Perception
Direct (s13) 4.18.4.1
The difference of treatment by B by A must be different comparatively to someone else (real or hypothetical).
Tangible loss not necessary but ‘unfavourable’ not sufficient
Objective test
Also includes those associated with persons of a protected characteristic (associative)
Additionally perceived protected characteristic (discrimination by perception)
Discrimination arising from disability (s15) 4.18.4.2
Not the disability but somethings arising from or in consequence to the disability - such as disability related absence from work
Employer/person must know or reasonably be expected to know that a disability affects a person
Adjustments for a disabled person (s20) 4.18.4.3
This covers:
changing practices
changing built environment
providing additional aids
Failure to provide ‘reasonable’ adjustments amounts to discrimination (s21)
This covers areas such as autism/anxiety/depression as examples
Reasonable is objective - for instance being able to communicate on a basic level with someone who is profoundly deaf without the need for a BSL interpreter in respect of a house search has been deemed non-discriminatory
Gender Reassignment Discrimination (s16) 4.18.4.4
Employer cannot discriminate if absence is related to process/procedures - proposing/undergoing/undergone
Maternity non-work (s17) work (s18) 4.18.4.5/6
Generally applying to women
‘Real reason’ test
Indirect discrimination (s19) 4.18.4.7
Applies to all protected characteristics
Applies to policies which affect all, but disadvantage a particular group
Examples include ‘normal office hours’, short hair, rostering duties that mean only men could comply 100% but 95.2% women could.
Harassment 4.18.4.8
3 types:
1) Unwarranted contact which is related to a relevant characteristic and has the purpose or effect of creating an intimidating, hostile, degrading, humiliating or offensive environment - perception, other circumstances and reasonableness. (Pregnancy/Maternity and Marriage/Civil Partnership NOT included)
2) Sexual harassment
3) Less favourable treatment AFTER - rejection of sexual advances - or - AFTER harassment of sexual orientation/gender reassignment
Harassment and Applicants 4.18.4.9
Does not apply to Marriage/Civil Partnership and Pregnancy/Maternity but basically prevents any type of harassment before, during and after an application.
Victimisation 4.18.4.10
Seeks to prevent being treated less favourably for having spoken out against perceived issues with protected characteristics, additionally.
Only an individual can be victimised
A person is not protected if they have made an untrue or false complaint
Police Officers 4.18.5
Provides that for the purpose of the act, Officers (and cadets) are employees
Employees and Applicants 4.18.6
Holds that certain aspects of policy previously adhered to are unlawful.
For instance the requirement that spouses could not be posted to the same division. That an employee under a disciplinary investigation was treated differently to another due to their belonging to Afro/Caribbean origin
Defences include ‘genuine operational requirements’ where there is a requirement for an employee to be from LGBT community or the position needs to be filled by a woman.
‘Positive Action’ allows an employer to hire and promote based on certain Protected Characteristics which are under represented. This can only be done where the contending applicants are as qualified as each other.
Liability for discrimination in employment 4.18.7
Makes Employers and Principals personally liable - it not sufficient to simply say you didn’t know or didn’t approve.
Public Sector Equality Duty 4.18.8
Duty to take action to encourage and promote equality in aspects apart from Marriage and Civi Partnership
