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In England and Wales, discrimination law is designed to protect individuals from unfair treatment based on certain protected characteristics. The primary legislative framework for discrimination law includes the Equality Act 2010. The Act sets out the various forms of discrimination and the protected characteristics, promoting equal opportunities and preventing discrimination in various aspects of life, including employment, education, and services.
Here are the key elements of discrimination law in England and Wales:
Protected Characteristics: The Equality Act 2010 identifies nine protected characteristics:
- Age
- Disability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race
- Religion or belief
- Sex
- Sexual orientation
Forms of Discrimination: The Equality Act recognizes several forms of discrimination, including:
Direct Discrimination: Treating someone less favorably because of a protected characteristic.
Indirect Discrimination: Applying a provision, criterion, or practice that disadvantages individuals with a particular protected characteristic, unless it can be objectively justified.
Harassment: Unwanted conduct related to a protected characteristic that creates an intimidating, hostile, degrading, humiliating, or offensive environment.
Victimization: Treating someone unfairly because they have made a complaint or raised a grievance under the Equality Act, or because they have supported someone else’s complaint.
Employment Discrimination: Employers are prohibited from discriminating against employees or job applicants based on any of the protected characteristics. This includes aspects of recruitment, promotion, training, and dismissal.
Services and Public Functions: The Equality Act applies to the provision of goods, services, and public functions. It prohibits discrimination by service providers, such as businesses, educational institutions, and public authorities.
Education Discrimination: Schools, colleges, and universities are required to comply with anti-discrimination laws. This includes ensuring equal access to education and preventing discrimination against students and staff.
Public Sector Equality Duty: Public authorities have a duty under the Equality Act to consider the impact of their policies and practices on equality. This duty aims to promote equal opportunities and eliminate discrimination.
Reasonable Adjustments: The Equality Act requires employers and service providers to make reasonable adjustments to accommodate individuals with disabilities, ensuring they are not at a disadvantage.
Legal Remedies: Individuals who experience discrimination can seek redress through various legal avenues, including filing complaints with the Equality and Human Rights Commission (EHRC), pursuing employment tribunals, or taking legal action in the civil courts.
It’s important to note that discrimination law is complex, and its application may vary based on the specific circumstances of each case. Legal advice is recommended for those seeking guidance on discrimination-related matters.
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