In April 2010, the UK Government passed the Equality Act 2010, the single most important piece of equalities legislation to date. This act replaced all of the existing equalities legislation, including the Race Relations Act and Disability Discrimination Act, to bring all key aspects of equality into one, straightforward law.
Equal opportunities’ is a matter reserved to the UK Government. For Scotland, equality is promoted and protected by the Equality Act 2010, which also covers England and Wales. The purpose of the Act is to promote equality for all. It replaces the different ‘strands’ of equality with nine protected characteristics. Individuals who have or share protected characteristics are protected against various behaviours whilst undertaking specified activities.
The characteristics protected under the Act are:
- Age
- Dsability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race
- Religion or belief
- Sex
- Sexual orientation
Generally, the Equality Act 2010 strengthens protections across all of the protected characteristics; in short making it unlawful to treat a person less favourably on the grounds of any of the protected characteristics.
Behaviours
There are a number of behaviours that are prohibited by the Act:
Discrimination
Direct discrimination is defined by the Equality Act 2010 as a person treating another person less favourably than they would treat others because of the second person’s protected characteristic.
Indirect discrimination
Indirect discrimination is defined by the Equality Act 2010 as a person applying a provision, criterion or practice that places persons with a protected characteristic at a disadvantage. This means that even if something is not designed to discriminate against a protected characteristic, if it ends up doing so in practice, then it would be unlawful. Provisions, criteria or practices that are indirectly discriminatory, though, are valid if it can be shown that they are a proportionate means of reaching a legitimate end.
Proportionate means of reaching a legitimate end
Determining whether something is a proportionate means of reaching a legitimate end is decided on a case by case basis in light of all the circumstances. An example of discrimination that would be allowed would be dividing an athletics competition into male and female events. This would be acceptable because the division allows for competition on a more equal skill and physical ability base. The same would be true for the division of sport between disabled and non-disabled competition.
An example of where discrimination is not a proportionate means of reaching a legitimate end would be preventing a Japanese athlete from competing in a competition open to all other races and nationalities because the competition organisers were suspicious of Japanese people. This would be unlawful because there is no legitimate end to be achieved through the exclusion.
Harassment
Harassment occurs when a person engages in unwanted conduct related to a protected characteristic or engages in unwanted conduct of a sexual nature that has the purpose or effect of violating another’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for another.
Victimisation
A person victimises another if they treat them detrimentally because the second person alleges that a person contravened the Equality Act 2010, is bringing proceedings under the Equality Act 2010, or is giving evidence or information in connection with proceedings under the Act.
Activities
There are a number of activities that are protected by the Act:
Services and public functions
This activity relates to the provision of services to the public, whether or not for payment. Public function relates to any activity for the public that is not a provision of a service.
Premises
This includes premises for living and for business, and include assignment, letting, sub-letting and parting possession with premises.
Work
Work includes paid and unpaid employment and recruitment processes. It also relates to qualifications, employment services and trade organisations.
Education
Education includes schools, further and higher education and qualifications bodies.
Associations
This refers to associations of persons who have at least 25 members where admission to membership is regulated by association rules and involves a process of selection. It does not matter whether or not the association is incorporated or its activities are carried out for profit.
Socio-economic disadvantage
The Equality Act 2010 also created a duty on certain public authorities to
- have due regard to the desirability of exercising [their functions] in a way that is designed to reduce the inequalities of outcome which result from socio-economic disadvantage.
The UK Government has decided to not take this duty forward. The Scottish Government is working with the Home Secretary on this issue. Please see the Government Equalities Office for the latest information.
Legislation and guidance