Equality Act 2010 Flashcards
What are the protected characteristics under the Equality Act 2010
Age
Disability
Gender Reassignment
Marriage/Civil Partnership
Pregnancy/Maternity
Race
Religion
Sex
Sexual Orientation
Do you need to actually have one of the protected characteristics to be the subject of direct discrimination?
No, direct discrimination can also take place because of your association with someone who has a protected characteristic, or if you are treated differently because of an incorrect assumption that you have a protected characteristic
What is indirect discrimination
When a policy or decision is neutral on it’s face, but has a negative effect on a class of individuals with a protected characteristic
What are the justifications for direct discrimination?
Nothing, except for AGE and DISABILITY.
For these two, justified if shown to be proportionate, appropriate, and necessary to achieve a legitimate aim.
What are the justifications for indirect discrimination?
Discriminator must show that it is an appropriate, proportionate, and necessary means of achieving a legitimate aim.
How does the EA protect someone who files a claim under the EA?
Prohibits any punishment against a person for bringing a claim under the EA, Giving evidence in connection with an EA claim, or doing anything else relating to an EA claim.
When is a justification proportionate?
Look at whether there is another, less discriminatory way to achieve the goal
What is the test for harassment?
(1) Whether the harassed person felt uncomfortable, humiliated, or embarrassed
(2) Whether it was reasonable for them to feel that way
NOTE: There does not need to be a pattern of harassment, and it does not matter what the harasser intended.
What is the standard for firms providing reasonable adjustments under the EA?
They have a legal obligation to provide REASONABLE adjustments to ensure that disabled clients and employees are not placed at a SUBSTANTIAL disadvantage.
