Equality Act 2010 (U1) Flashcards
What are the relevant courts dealing with claims?
Employment claims = employment tribunal
Other claims = county court
What are the 9 protected characteristics?
- Sex
- Age
- Race
- Sexual orientation
- Religion
- Marriage
- Disability
- Pregnancy and maternity
- Gender reassignment
What are the three elements of direct discrimination?
- Comparator
- less favourable (OBJECTIVE)
- Protected characteristic
What is direct discrimination?
A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others
Is there a defence for age in relation to direct discrimination?
Yes, if the treatment was a proportionate way of achieving a legitimate aim (s13)
What is indirect discrimination?
Occurs where conditions are imposed to apply to everyone, but which has an adverse impact on those who share a protected characteristic
Do indirect discrimination provisions apply to pregnancy and maternity?
No, Indirect discrimination provisions do not apply to pregnancy or maternity.
What is disability discrimination?
A person (A) discriminates against a disabled person (B) if A treats B unfavourably because of something arising in consequence of B’s disability.
Perpertrator must know of the disability
Is there a justification for disability discrimination?
Yes, Where the action is a proportionate means of achieving a legitimate aim
What grounds might a person with a disability have?
- Indirect
- direct
- disability discrimination
- duty to make reasonable adjustments
What’s victimisation?
Detriment because:
- has done a protected act OR
- believes has or may do protected act
- AND has suffered detriment
Protected act e.g. given evidence in court that someone else has been discriminated
