Investigating the legislation that protects all groups covered Breaking down the key features of the legislation
Assessing the ways in which the legislation addresses their needs Evaluating the strengths and weaknesses of the legislation
To consider how a range of care workers would use anti-discriminatory practise Success Criteria
Can I name the legislation that protects all groups covered? Can I explain the key features of this legislation?
Can I assess how this legislation meets the client’s needs? Can I evaluate the strengths and weaknesses of this act?
1. New definitions of discrimination
As well as direct discrimination, indirect discrimination, harassment and victimisation The Equality Act outlines three new categories of discrimination that certain groups of individuals are protected against. Define the three additional types of discrimination below:
2. Who is protected under the Equality Act (protected characteristics)? a) Age- The Act protects employees of all ages but remains the only protected characteristic that allows employers to justify direct discrimination, i.e. if an employer can demonstrate that to apply different treatment because of someone’s age constitutes a proportionate means of meeting a legitimate aim, then no discrimination will have taken place. The Act continues to allow employers to have a default retirement age of 65, as long as the default retirement age remains.
b) Disability- The Act includes a new protection arising from disability and now states that it is unfair to treat a disabled person unfavorably because of something connected with a disability. An example provided is the tendency to make spelling mistakes arising from dyslexia. Also, indirect discrimination now covers disabled people, which mean that a job applicant could claim that a particular rule or requirement disadvantages people with that disability.
c) Gender reassignment- It is discriminatory to treat people who propose to start to or have completed a process to change their gender less favorably, for example, because they are absent from work for this reason. d) Marriage and civil partnership- The Act continues to protect employees who are married or in a civil partnership. Single people are however not protected by the legislation against discrimination. e) Pregnancy and maternity- The Act continues to protect women against discrimination because they are pregnant or have given birth. f) Race- The Act continues to protect people against discrimination on the grounds of their race, which includes color, nationality, ethnic or national origin.
g) Religion or belief- The Act continues to protect people against discrimination on the grounds of their religion or their belief, including a lack of any belief. h) Sex- The Act continues to protect both men and women against discrimination on the grounds of their sex. i) Sexual orientation- The Act continues to protect bisexual, gay, heterosexual and lesbian people from discrimination on the grounds of their sexual orientation. http://www.fpb.org/hottips/601/The_Equality_Act_2010:_protected_characteristics_and_types_of_discrimination.htm 3. Research examples of discrimination and place them into the chart in the correct place
Type of Discrimination
For example, when people are treated less favorably than others because they have some ‘irrelevant’ characteristic; i.e., they are from a different ethnic background or belong to a religious minority.
For example, a dress code that requires women to wear a knee length skirt (which has no direct relation to their ability to carry out their work) could be indirectly discriminatory against women from certain cultural or religious groups.
For example, a person is victimized (punished or treated unfairly) because they have made a complaint, or are believed to have made a complaint, or supported someone who has made a complaint (this is a form of harassment).
Discrimination by association
For example, refusing to promote a woman who has some caring duties because her mother has recently had a stroke is discrimination arising from association.
For example, a heterosexual man who has a gay friend cannot be discriminated against because someone believes (wrongly) that he is also gay.
Third party harassment
For example, a waitress of Asian origin has complained on several occasions to her employer that a particular customer has been making racist remarks to her. The employer should take steps to protect the employee from harassment by a third-party, such as banning the customer from the restaurant.