Equality Act 2010 Flashcards
What are the protected characteristics?
Age
* Disability
* Gender reassignment
* Marriage and civil partnership
* Pregnancy and maternity
* Race
* Religion or belief
* Sex
* Sexual orientation
Types of discrimination?
Direct discrimination
- Occurs because of protected characteristic
Indirect discrimination
- Decisions and polices which not intended to treat anyone less favourably but which have effect of disadvantage a group of people with a protected charity
What is harassment?
Harassment
General definition of harassment
- If a person engages in unwanted conduct related to a relevant protected characteristic which has purpose of either
- Violating b’s dignity
- Or creating an intimidating, hostile, degrading offensive environment
In deciding should take into account
- Perosns perception
- Other circumstances
- Whether it is reasonable to have that effect
What is victimisation?
Victimisation
- A person is subject to detriment because b has done a protected act or a believes person will do a protected act.
- Can:
- Bring proceedings under equality act 2010
- Giving evidence or information in connection with proceedings
- Doing other things for purpose in connection with equality act
What is the disability provisions act?
- A person concerned with provision of a service to public must not discriminate against a person requiring the service by not providing the person with the service.
- Or in providing the service discriminate by
o As to the terms on which A provides service to B
o By terminating the provision of service to B
o By subjecting B to any other detriment
What duty is imposed from the disability act?
Duty to make reasonable adjustments
- So, a disabled person can use a service as close as reasonably possible to get to the standard usually offered to non-disabled people.
- If adjustments are reasonable, they must be made.
- Duty is anticipatory – cannot wait until a disabled person wants to use the service.
- If disabled person can show adjustments would have been reasonable and were not implemented can sue.
- 3 requirements
- Involves changing the way things are done
- Making changes to overcome barriers created by physical features of premises
- Providing extra aids and services