The Equality Act 2010

The Equality Act 2010

1. AIM

   • Prevent discrimination based on nine 'protected characteristics'
     • Age
     • Disability
     • Gender Reassignment
       • The process (typically involving a combination of surgical procedures and hormone treatment) undertaken by a transgender person in order to alter their physical sexual characteristics to match their gender identity.
     • Marriage and Civil Partnership
     • Pregnancy and Maternity
     • Race
     • Religion or Belief
     • Sex/Gender
     • Sexual Orientation

2. STRENGTHS

   • Protection for people discriminated against because they are associated with someone who has a protected characteristic
   • Makes discrimination illegal in
     • Education
     • Employment
     • Access to goods and services
     • Housing
   • Gives woman the right to BREAST FEED in public
   • Makes PAY SECRECY clauses illegal
     • So you cannot be legally prevented from disclosing your income to another

3. Sets out THREE different ways in which it is unlawful to treat someone

   • Direct and Indirect Discrimination
     • Direct Discrimination
       • Intentionally putting someone at a disadvantage or treating them unfairly based on their differences, i.e., their 'protected characteristics'
     • Indirect Discrimination
       • When a policy, practice or rule applies to everybody but has a detrimental effect on some people. For example, a job advert that states male applicants must be clean shaven would discriminate against individuals who grow facial hair because of their religious beliefs
   • Harassment
     • Unwanted behaviour that intends to intimidate or humiliate someone
   • Victimisation
     • Bad treatment directed towards someone who has made a complaint or has taken action under the Equality Act or similar legislation

4. EXAMPLE of DIRECT discrimination

   • SCENARIO: A woman is told she did not get the job as a Practice Manager because 'she might get pregnant and go on maternity leave' and 'the setting wants continuity and doesn't want someone who might take time off'
     • Discrimination based on 'sex' (gender'
     • The care setting does not want a female practice manager of child-bearing age
     • Staff selection and interview procedures must always comply with the Equality Act so that staff are selected on the basis of the skills they can offer

5. How care settings can prevent discrimination against a protected characteristic

   • SCENARIO: A wheelchair user is unable to visit his grandmother upstairs in the care home because there are no lifts in the building
     • Disability is a protected characteristic
     • Disability discrimination is ILLEGAL
     • Service providers must ensure settings are accessible for all
       • Staff
       • Service users
       • Visitors
     • Disability discrimination must be avoided by:
       • Adapting premises to enable access for wheelchair users by including
         • Ramps
         • Automatic Doors
       • Providing leaflets/information in
         • Braille
         • Large Print
       • Producing easy-to-understand information for those with
         • Learning Disabilities
       • For those with hearing impairments
         • Install hearing loops
         • Have staff who know BSL (British Sign Language)
       • Have an equal opportunities policy
       • Monitoring the selection and recruitment of staff to see how any individuals with a disability apply for jobs and how many are actually given a job