This definition means that people with illnesses that were not necessarily considered a disability in the past can now fall into this category. A person with heart disease may meet the criteria. In terms of mental health, conditions such as clinical depression, schizophrenia, bipolar disorder would generally be considered a disability, whether controlled by medication or not. In terms of employment, unemployment among ethnic minorities is higher than in white communities, and education levels do not reflect equality in full-time employment. Universities report that BME employees are more likely to hold temporary positions and longer. Not only do you have to prevent employees from discriminating against each other, but you also need to make sure that you`re not discriminating against an employee based on any of the above characteristics. Discrimination comes in various forms and ranges from verbal defamation to a company policy that discriminates against a particular employee because of their characteristics, both of which are examples of direct and indirect discrimination. In 2010, these numerous pieces of legislation were replaced by the Equality Act 2010 in order to simplify the law and merge all anti-discrimination laws into a single law. The Act covers an employer`s legal responsibility to protect its employees from discrimination based on nine defined characteristics.
If you are discriminated against because you have any of the following protected characteristics, don`t worry, the Equality Act 2010 protects you. In the context of housing discrimination, Section 3604 of the Fair Housing Act lists seven protected characteristics: race, color, national origin, religion, sex, marital status, and disability. Therefore, it is illegal to refuse to rent or sell real estate to a person based on any of these characteristics. Pregnancy is the condition of being pregnant or expecting a baby. Maternity refers to the period following birth and is associated with maternity leave in the context of employment. In a non-occupational context, protection against discrimination on the basis of maternity applies for 26 weeks after birth, which includes unfavourable treatment of a woman because she is breastfeeding. Prior to reassignment, a person will have gone through significant emotional upheaval and experiences related to their gender identity for many years, and sex change is not an easy step for anyone. Sexual harassment also falls under this protected characteristic and is “any unwanted conduct of a sexual nature or any other conduct based on sex.” There are two different elements to this. The first is “behaviour of a sexual nature.” This is the behavior that can be described as sexually motivated or perceived as sexual.
Comments about sexual behaviour, unwanted touching that may seem minor, extreme behaviours that amount to sexual assault or rape could all be classified as “behaviour of a sexual nature”. To reassign gender, a person will decide that they want to live their life in the gender they identify with. There is no legal requirement for surgical or medical intervention. If someone wants surgery to reorganize their genitals, they need to live their life for at least a year in the gender they identify with. This is called a “real-life test.” Some diseases are classified as “disability” at the time of diagnosis, including cancer, HIV and AIDS, and multiple sclerosis. The element of the legislation concerns the rights granted by marriage or civil partnership and, in this regard, the rights are generally taken into account for persons in a formal legal partnership, whether of the same or opposite sex. This includes same-sex marriage. It offers no protection to those who live together, but do not have this formal confirmation of their relationship.
The characteristics protected by the Equality Act 2010 are: This briefing note also includes some examples of everyday problems that could constitute discrimination. As an employer, you have a legal responsibility to ensure that you comply with the Equality Act, from hiring to terminating an employee`s contract. Neglecting your responsibilities can have huge consequences for your business, so it`s important that you understand what traits are protected and how you can avoid discrimination. The Equality Act contains nine protected elements. Discrimination on the basis of one or more of these characteristics is unlawful under the law. We all have some of those characteristics — for example, gender or age — so the law protects everyone from discrimination. Claire supported a discrimination complaint filed by her colleague who is discriminated against because he is a member of the LGBTQ+ community. As a result, Claire`s colleagues now refer to her as a “troublemaker” and do not invite her to social activities in the company.
A person has a disability if they have a physical or mental impairment that has a significant and long-term negative effect on their ability to perform normal daily activities.