The Nine Protected Characteristics Under the Equality Act 2010

Discrimination occurs when a person is treated unfairly because of who they are. Individuals are offered protection against discrimination through the Equality Act 2010. The Act sets out the ways in which people are protected against discrimination from the following:

• Their employer
• Service providers such as banks, utility companies and shops
• Healthcare providers and medical professionals
• Those who let out or sell property such as estate agents and housing associations
• Education providers including schools, colleges and universities
• Transport providers including bus companies, train services and taxi firms
• Public service providers including local authorities and government run bodies.

The Equality Act 2010 sets out nine protected characteristics and discrimination is recognised when at least one of these characteristics determines the way in which a person is treated. The Act serves to protect all people as each person has at least three of the characteristics outlined, such as gender and age.

If a person is treated badly or unfairly because they belong to a group that is defined by the protected characteristics, unlawful discrimination may have occurred. This means a legal case could be brought against the offender or offending party.

Which characteristics are protected?

The Equality Act 2010 sets out that the nine characteristics that are protected are:

• Age
• Disability
• Gender reassignment
• Marriage or civil partnership
• Pregnancy and maternity
• Race
• Religion or belief
• Sex
• Sexual orientation

Below we will explore each of these protected characteristics based on an employment setting.

Age

All age groups are protected under the Equality Act. However, unlike the other 8 protected characteristics, an employer can sometimes justify direct discrimination based on age. For example, if it is a proportionate way of meeting a legitimate aim, age discrimination made not be considered unlawful.

Disability

Under the Equality Act, a person is considered disabled if they suffer from any physical or mental impairment that causes a longterm and substantial effect on their capacity to perform normal daily activities. This would include tasks such as using public transport, reading a book or using a computer.

An employer has a legal duty under the Equality Act to make reasonable adjustments to enable an employee with a disability to carry out their work. For example, if an employee is visually impaired, they should be provided with assistive technologies to help them use a computer.

If a person is treated unfavourably based on something that is connected to their disability, such as a person with dyslexia making spelling mistakes, it would be discrimination under the Act. However, this would only be considered unlawful if the employer knew, or ought to have known, that the person had a disability.

The Act also covers indirect discrimination against disabled people. This means that job adverts or requirements must not put disabled people at a disadvantage, unless justifiable.

The Equality Act also makes it unlawful for an employer to ask health related questions before hiring a candidate, except under certain specific circumstances.

Gender reassignment

As gender reassignment is one of the nine protected characteristics, transsexual people are given protection under the Act. Any person who proposes to, begins or has completed the process of changing his or her gender is classed as a transsexual.

The fact that all stages of the process are covered means that a man who makes the decision to live as a woman is covered by the Equality Act, even if they don't undergo any medical procedure.

Marriage or civil partnership

Employees who are married or in a civil partnership are protected against discrimination under the Act. This applies equally to same-sex partnerships. It may be considered discrimination, for example, if a married employee is passed over for a promotion based on the employer's belief that the role is more suited to an employee who is single.

Single people are not protected by the Act. So a single person treated unfavourably based purely on them not being married or in a civil partnership would not be unlawful.

Pregnancy and maternity

During the period of a woman's pregnancy and her statutory maternity leave, she is protected under the Equality Act against discrimination on the grounds of either pregnancy or maternity.

This means that an employer cannot take pregnancy or maternity related issues into account when making employment decisions such as dismissals, redundancies or promotions.

Breastfeeding is also now explicitly protected under the Equality Act.

Race

Under the Act, the term race includes nationality, colour and national or ethnic origins. As with the other protected characteristics, if an employer treats a person unfavourably based on their race, it would be unlawful discrimination under the Equality Act.

Religion or belief

Under the Equality Act, all religions are protected. So prominent religions such as Christianity and Hinduism are protected in the same way as minority religions. People who have no religion or don't follow any particular religious group are also protected.

For a belief or non-belief to be protected, it needs to satisfy certain criteria, such as it being a substantial aspect of behaviour and human life. It does not cover scientific beliefs, political beliefs or the supporting of sports teams.

A person's belief in man-made climate change was deemed to be a protected characteristic in a tribunal case. It was decided that his beliefs on climate change were `cogent, serious and worthy of respect in a democratic society.´

Treating an employee or job applicant less favourably based on their religion or beliefs is classed as discrimination. This is the case even if the discriminator shares the same religion or beliefs as the person being discriminated against.

Sex

Discriminating against a person based on their sex is unlawful. It applies to both men and women. This means that an employer cannot lawfully pay a man more than a woman for doing the same job if they are both equally qualified and experienced.

Sexual orientation

Under the Act, all sexual orientations are protected equally. So whether you are heterosexual, gay, lesbian or bisexual, you are protected against discrimination based on sexual orientation under the Act.

Discrimination by Association

The Equality Act 2010 also offers protection to those who have people in their life, such as family and friends, who have a protected characteristic. Discrimination by association is the term given to incidents where individuals are treated unfairly because of their connection to someone with a protected characteristic. For example, discrimination by association will have occurred if a person is treated unfairly because their best friend is gay.

When a person makes a complaint about discrimination, the Act offers protection to ensure that further poor treatment is not suffered.