Equality Act 2010 Flashcards
Chapter 3
What is the main purpose of the Equality Act 2010?
To protect individual rights, ensure fair treatment, and provide equality of opportunity for all by addressing discrimination. The Act aims to stop discrimination but doesn’t ban it entirely. Instead, it outlaws certain types of discrimination in specific contexts and imposes positive duties to achieve equality.
What are the “protected characteristics” under the Equality Act 2010?
There are nine protected characteristics:
○ Race
○ Religion and belief
○ Sex
○ Sexual orientation
○ Age
○ Disability
○ Gender reassignment
○ Marriage/civil partnership
○ Pregnancy and maternity
Define direct discrimination.
Direct discrimination occurs when someone is treated less favourably than another person in a similar situation because of a protected characteristic. There must be a comparator and the treatment must be less favourable. The protected characteristic must be the reason for the less favorable treatment. There is no justification for direct discrimination except in the case of age.
Define indirect discrimination.
Indirect discrimination happens when a policy or practice applies to everyone but disadvantages those who share a particular protected characteristic. The action can be justified if it is a proportionate means of achieving a legitimate aim.
How does the Equality Act 2010 address disability discrimination?
There is an additional definition for disability discrimination. It is discriminatory to treat a disabled person unfavorably because of something arising in consequence of their disability. It is possible to justify less favorable treatment if it can be shown to be a proportionate means of achieving a legitimate aim.
What is “victimisation” under the Equality Act 2010?
Victimisation occurs when someone is subjected to a detriment because they have done a “protected act,” such as bringing a claim under the Act or giving evidence in proceedings. The victim does not need to have a protected characteristic to be protected against victimisation.
What is harassment under the Equality Act 2010?
Harassment is unwanted conduct related to a protected characteristic (except pregnancy/maternity and marriage/civil partnership), of a sexual nature, or related to gender reassignment or sex that violates an individual’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment.
What is the duty to make reasonable adjustments?
The Equality Act 2010 imposes a positive duty to take steps to avoid unfairness towards disabled persons. The duty involves making adjustments to provisions, criteria, physical features, or providing auxiliary aids to prevent substantial disadvantage.
How does the Equality Act 2010 apply to solicitors as service providers?
Solicitors must not discriminate against clients or prospective clients because of their protected characteristics, or victimise or harass them. The Act applies to all legal service providers, even if the services are free. This includes not refusing to act for a client, providing less advantageous terms, or terminating a retainer because of a protected characteristic. There is also a duty to make reasonable adjustments for disabled clients.
How does the Equality Act 2010 apply to solicitors as employers?
Employers (including solicitors’ firms) must not discriminate against employees or prospective employees. This includes protection from discrimination in the arrangements for hiring, terms of employment, opportunities for promotion, and dismissal. There is a duty to make reasonable adjustments for disabled employees and prospective employees, but only if they know or ought to know that the individual is disabled and likely to be disadvantaged.
What is “vicarious liability” in the context of the Equality Act 2010?
Employers can be held liable for the discriminatory actions of their employees if those acts were done in the course of employment, even without the employer’s knowledge or approval. There is a defence if the employer took reasonable steps to prevent the discrimination.
What is “positive action” under the Equality Act 2010?
Positive action is allowed to address the disadvantages of people with protected characteristics. It is not mandatory, but if done correctly, it is not unlawful. The action must be a proportionate means of achieving certain aims, such as minimizing disadvantage. Positive action in recruitment and promotion can mean treating a qualified candidate with a protected characteristic more favorably in a “tie-breaker” situation.
How does the Equality Act 2010 overlap with professional conduct for solicitors?
Solicitors must comply with the Equality Act 2010 as part of their professional obligations. The SRA expects solicitors to uphold principles of equality, diversity and inclusion. Failure to comply with the Act can result in disciplinary action. Solicitors must not unfairly discriminate in professional relationships.
