Assignment Task 2: Understand Regulations That Aim To Protect Employees From Unlawful Acts Of Discrimination

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2.1 Assess The Protected Characteristics Covered By The Equality Act 2010 And Its Operation.

The Equality Act 2010 protects nine “protected characteristics,” which define who is shielded from discrimination under the law. Discrimination based on any of these characteristics is unlawful.

  1. Protected Characteristics:
  •     Age
  •     Disability
  •     Gender reassignment
  •     Marriage and civil partnership
  •     Pregnancy and maternity
  •     Race
  •     Religion or belief
  •     Sex
  •     Sexual orientation
  1. Protection Against Discrimination:

    The Act prohibits discrimination based on any of the nine protected characteristics.

  1. Discrimination by Association or Perception:

    It is unlawful to discriminate against someone because they are associated with a person who has a protected characteristic (e.g., a family member).

    Discrimination is also illegal if based on the mistaken belief that someone possesses a protected characteristic (e.g., wrongly perceiving someone as disabled).

  1. Protection Against Victimisation:

    The Act makes it unlawful to discriminate against someone for complaining about discrimination or for assisting another person in making a complaint. This is known as “victimisation.”

2.2 Evaluate The Defences That Respondents Deploy In Discrimination Cases And Remedies.

In discrimination cases, respondents can use several defenses, including:

 Justification 

This defense is applicable when the respondent can demonstrate that the discriminatory treatment is a “proportionate means of achieving a legitimate aim.”

Objective justification is only available in specific types of discrimination cases and requires the respondent to meet a high burden of proof.

 Positive Action

Employers can use this defense when they take action to address underrepresentation of certain groups within their workforce.

   The Equality Act 2010 permits positive action in recruitment and promotion, as long as it is proportionate and does not result in discrimination against others.

 Reasonable Adjustments

   This defense applies to cases of disability discrimination, requiring employers to make reasonable adjustments to the workplace to accommodate disabled employees.

   The determination of what is “reasonable” varies based on the specific circumstances, typically considering the employer’s size and resources.

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