Equality Act 2010 Flashcards
What are the protected characteristics?
- Age
- Disability
- Gender reassignment
- Marriage/civil partnership
- Pregnancy/maternity
- Race
- Religion/belief
- Sex
- Sexual orientation
What are the types of discrimination?
Direct
Indirect
Harassment
Victimisation
What is direct discrimination?
Because of characteristic, A treats B less favourably than others
What is indirect discrimination?
Acts not intended to but have effect of disadvantaging a group with protected characteristics
What is the general definition of harassment
unwanted conduct related to a characteristic with purpose/effect of
* Violating dignity or
* Creating intimidating, hostile, degrading, humiliating or offensive environment
What should be taken into account when assessing harassment?
B’s perception, other circumstances, reasonable
What does the definition of harassment also include other than the general definition?
- Conduct of sexual nature
- Less favourable treatment due to rejection/submission to harassment of a sexual nature or related to sex/gender reassignment
What is victimisation?
A subjects B to a detriment because:
* B has done a protected act or
* A believes B had done/may do a protected act
What are the protected acts for victimisation?
- Proceedings under Equality Act
- Evidence/info in connection with proceedings
- Doing anything related to Equality Act
- Alleging A/another has contravened Equality Act
What are the rules on provision of services under the Equality Act?
- Must not discriminate against person requiring services by not providing
- Must not discriminate against a person
a. As to terms of service
b. By terminating provision of service
c. Subjecting B to any other detriment - Duty to make reasonable adjustments
What are the three requirements of the duty to make reasonable adjustments?
- Provision, certierion or practice
- Physical features
- Auxiliary aids/services
What is the key feature of the duty to make reasonable adjustments?
Anticipatory
