Legal Services - The Equality Act 2010

Question 1

Justifying direct discrimination

Answer 1

Only possible in relation to discrimination on the basis of age or disability and it must be a proportionate means of achieving a legitimate aim (matter of public policy, e.g. reducing unemployment in a particular age group).

Proportionality means whether there is a less discriminatory way of achieving the same legitimate aim.

Question 2

Justifying indirect discrimination

Answer 2

Proportionate means of achieving a legitimate aim. In this context, legitimate aim is broader than for direct - doesn’t have to be a public policy reason.

Question 3

Reasonable Adjustments

Answer 3

To ensure disabled clients and employees not placed at substantial disadvantage

What is reasonable depends on the size and resources of the firm

Costs of reasonable adjustments cannot be passed on

Question 4

Direct Discrimination

Answer 4

Treating someone less favourably because of a protected characteristic

Person does not need to have the protected characteristic - if they are associated with someone who had, perceived to have that protected characteristic or treated as if they do

Question 5

Indirect Discrimination

Answer 5

Policy or provision which appears neutral but actually puts individuals with a protected characteristic at a disadvantage