Legal Services 2: Equality Act Flashcards
What are the protected characteristics under the Equality Act?
- age
- disability
- Gender reassignment
- marriage and civil partnership
- pregnancy and maternity
- race
- religion and belief
- sex
- sexual orientation
What are the rules against discrimination in the workplace and can they be justified?
Prohibition against direct discrimination
- age discrimination can be justified if it is shown to be a proportionate means of achieving a legitimate aim
- disability discrimination a person can treat someone unfavourably because of something arising in consequence of another’s disability if they can show the treatment is a proportionate means of achieving a legitimate aim
Prohibition against indirect discrimination
- discriminator can try to justify by showing it is a proportionate means of achieving a legitimate aim
How will the court consider if discrimination in the workplace is proportionate?
Ask if there is another less discriminatory way of achieving the same legitimate aim
What are the rules for firm in relation to discrimination and providing legal service? Can these be justified?
Must not discriminate against a person requesting legal advice by either:
- not providing them with that service
- offering service on different terms
- subjecting the person to any other detriment
What obligation do firms have towards disabled clients and employees?
Have legal obligation to provide reasonable adjustments to ensure that disabled clients and employees are not placed at a substantial disadvantage compared to non-disabled.
- Cannot pass that cost onto these
Standard
- adjustments need only be reasonable
Can someone face discrimination due to a protected characteristic they do not have
Yes direct discrimination can still take place. for example due to
- their having association with someone with a protected characteristic
- because they are wrongly perceived as having a protected characteristic
- because they are treated as having a protected characteristic
