Protected characteristics by Equality Act 2010
Age
Age is defined as a person belonging to a particular age (40) or range of ages (16-25). Age groups can be quite wide (for example, 'people under 50' or 'under 18s'). They can also be quite specific (for example, 'people in their mid-40s'). Terms such as 'young person' and 'youthful' or 'elderly' and 'pensioner' can also indicate an age group.
It is against the Equality Act 2010 if you are discriminated against because:
- You are or are not a certain age or in a certain age group.
- You are perceived to be a certain age or perceived to belong to a particular age group.
- You are associated with someone of a particular age or who belongs to an age group.
You can find more information about age discrimination in the Equality and Human Rights Commission website.
Disability
It is against the law to discriminate against someone because of their disability. In the Equality Act 2010, a person is described as having a disability if they have a physical or mental impairment and the impairment has a substantial and long-term adverse effect on the person's ability to carry out normal day-to-day activities. People should not be treated less well or disadvantaged because they have a disability.
There are six main types of the discrimination that relate to disability: direct discrimination, indirect discrimination, failure to make reasonable adjustments, discrimination arising from disability, harassment, and victimisation.
You can find more information about disability discrimination in the Equality and Human Rights Commission website.
Gender reassignment
The Equality Act 2010 says that you must not be discriminated against because you are transsexual. You do not need to have undergone any specific treatment or surgery to change from your birth sex to your preferred gender to be protected from gender reassignment discrimination. This is because changing your physiological or other gender attributes is a personal process rather than a medical one. You can be at any stage in the transition process – from proposing to reassign your gender, to undergoing a process to reassign your gender, or having completed it.
The Equality Act says that you must not be discriminated against because:
- of your gender reassignment as a transsexual. A wide range of people are included in the terms 'trans' or 'transgender' but you are not protected as transgender unless you propose to change your gender or have done so.
- someone thinks you are transsexual (this is known as discrimination by perception).
- you are connected to a transsexual person, or someone wrongly thought to be transsexual (this is known as discrimination by association).
You can find more information about gender reassignment discrimination in the Equality and Human Rights Commission website.
Marriage and Civil Partnership
The Equality Act 2010 says that you must not be discriminated against in employment because you are married or in a civil partnership. Marriage and civil partnership means someone who is legally married or in a civil partnership. Marriage and civil partnership can either be between a man and a woman, or between partners of the same sex.
There are three types of marriage and civil partnership discrimination: Direct discrimination, indirect discrimination, and victimisation.
You can find more information on Marriage and Civil Partnership discrimination on the Equality and Human Rights Commission website.
Pregnancy and maternity
Pregnancy and maternity discrimination is when you are treated unfavourably because you are pregnant, breastfeeding or you have given birth, in one of the situations that are covered by the Equality Act.
Pregnancy is the condition of being pregnant or expecting a baby.
Maternity refers to the period after the birth and is linked to maternity leave in the employment context. In the non-work context, protection against maternity discrimination is for 26 weeks after giving birth, and this includes treating a woman unfavourably because she is breastfeeding.
The treatment could be a one-off action or as a result of a rule or policy. It doesn't have to be intentional to be unlawful.
The Equality Act 2010 protects women against direct discrimination and victimisation because of the protected characteristic of pregnancy and maternity.
You can find more information on Pregnancy and Maternity discrimination on the Equality and Human Rights Commission website.
Race
The Equality Act 2010 says you must not be discriminated against because of your race.
In the Equality Act, race can mean your colour, or your nationality (including your citizenship). It can also mean your ethnic or national origins, which may not be the same as your current nationality. Race also covers ethnic and racial groups. This means a group of people who all share the same protected characteristic of ethnicity or race.
A racial group can be made up of two or more distinct racial groups. You may be discriminated against because of one or more aspects of your race.
There are four main types of race discrimination: Direct discrimination, indirect discrimination, harassment, and victimisation.
You can find more information on race discrimination on the Equality and Human Rights Commission website.
Religion or belief
Religion or belief is protected by the Equality Act 2010. In the Act, religion means any religion or not belonging to a religion. Belief means any religious or philosophical belief, which includes a lack of belief. It is against the law to discriminate against someone because of:
- Their religion or belief.
- Their perceived religion or belief.
- Their association with a person or group who belong to a particular religion or belief.
In the Equality Act religion or belief can mean any religion, as long as it has a clear structure and belief system. The Equality Act also covers non-belief or a lack of religion or belief.
The Equality Act says that a philosophical belief must be genuinely held and more than an opinion. It must be cogent, serious and apply to an important aspect of human life or behaviour. The Equality Act also says that a belief must also be worthy of respect in a democratic society and not affect other people's fundamental rights.
There are four main types of religion discrimination: Direct discrimination, indirect discrimination, harassment, and victimisation.
You can find more information on religion discrimination on the Equality and Human Rights Commission website.
Sex
Sex refers to the biological difference between a male and a female. In the Equality Act 2010, sex means either a male or female or a group of people like men and women.
The Equality Act 2010 states that you must not be discriminated against because:
- You are, or are not, a particular sex.
- Someone perceives you to be the opposite sex.
- You are associated with someone of a particular sex.
In the Equality Act, sex can mean either male or female, or a group of people like men or boys, or women or girls.
There are four main types of sex discrimination: Direct discrimination, indirect discrimination, harassment, and victimisation.
You can find more information on sex discrimination on the Equality and Human Rights Commission website.
Sexual orientation
The Equality Act 2010 states that you must not be discriminated against based on:
- Your sexual orientation
- Your perceived sexual orientation
- Or, because you are associated with someone who has a particular sexual orientation.
Sexuality is a protected characteristic by law because people experience discrimination and disadvantage in work, when accessing services or in their community because of their sexual orientation.
There are 4 main types of sexual orientation:
- direct discrimination
- indirect discrimination
- harassment
- victimisation
You can find more information on sexual orientation on the Equality and Human Rights Commission website.