The Equality Act 2010 protects individuals from discrimination based on nine protected characteristics. These apply in employment, education, and the provision of services throughout England, Scotland, and Wales.
The Nine Protected Characteristics
- Age — protection against discrimination based on age (young or old)
- Disability — physical or mental impairments that have a substantial, long-term adverse effect on daily activities
- Gender reassignment — people who are proposing to, are undergoing, or have undergone gender reassignment
- Marriage and civil partnership — protection in employment only (not in services)
- Pregnancy and maternity — covers pregnancy, illness related to pregnancy, and maternity leave
- Race — includes colour, nationality, ethnic or national origins
- Religion or belief — includes any religion and lack of religion; beliefs must be genuinely held and substantial
- Sex — being male or female
- Sexual orientation — whether a person is attracted to the same sex, opposite sex, or both
Employer Obligations
Employers must ensure they do not discriminate at any stage — from recruitment through to termination. This includes job adverts, interview questions, terms and conditions, training opportunities, promotions, and dismissal.
Employers can also be held vicariously liable for discrimination by their employees unless they can show they took all reasonable steps to prevent it. This makes having proper equality policies and staff training essential.
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