Types of Discrimination

Types of Discrimination

The Equality Act 2010 is the legislation that deals with discrimination and provides protection for people in the areas of employment, services, education, training, clubs and associations and premises.

What does the law say?

  • Protected characteristics

    The Equality Act identifies 9 ‘protected characteristics’ -

    • Race
    • Disability
    • Age
    • Gender reassignment
    • Sexual orientation
    • Gender
    • Marriage and civil partnerships
    • Pregnancy
    • Religion or belief

    So if you feel you have been treated differently or unfairly for one of these reasons then you may have a claim.

  • Direct discrimination

    Direct discrimination is when someone is treated less favourably than another person ‘because of’ their protected characteristic they have or are thought to have. 

  • Indirect discrimination

    Indirect discrimination isn’t underhand or sneaky discrimination; it has a very specific definition in law – it is about applying a provision, criteria or practice (PCP) that applies to all but particularly disadvantages people who share a protected characteristic. Indirect discrimination can be objectively justified.

  • Discrimination arising from a disability

    This is relatively new as it was introduced under the Equality Act, which says that treatment of a disabled person amounts to discrimination where:

    • An employer treats the disabled person unfavourably;
    • This treatment is because of something arising in consequence of the disabled person’s disability; and
    • The employer cannot show that this treatment is a proportionate means of achieving a legitimate aim,
    • Unless the employer does not know, and could not reasonably be expected to know, that the person has the disability.
  • Harassment

    There are 3 types of harassment :


    A) General harassment – Unwanted conduct related to a relevant protected characteristic which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual


    B) Conduct of a Sexual Nature – where A engages in unwanted conduct of a sexual nature and the conduct has the purpose or effect of violating B


    C) Rejection of or submission to conduct of a sexual nature – where A or another person engages in unwanted conduct of a sexual nature (or is related to gender reassignment or sex) and the conduct has either the purpose or effect of violating B and because of B’s rejection or submission to the conduct A treats B less favourably than A would treat B if B had not rejected or submitted to the conduct

  • Victimisation

    Victimisation occurs when someone is treated badly as a result of:

    • Making a complaint or supporting a complaint under the Equality Act
    • Raised a grievance or supported a grievance under the Equality Act or
    • They are suspected of doing so

SO I THINK I MAY HAVE A CASE...

If you think you have a case you must act quickly. There are time limits in discrimination cases – in employment cases you must submit your claim within 3 months of the act of discrimination, in all other cases 6 months.
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