3. Equality Act 2010 Flashcards
Can direct discrimination take place because of a protected characteristic that a person does not personally have?
Yes, a person can be discriminated against because of their association with a person who has a protected characteristic, or because they are wrongly perceived to have one
What are the two grounds upon which direct discrimination can be justified?
- Age
- Disability
What must be shown of measures that directly discriminate on the basis of age or disability, or that indirectly discriminate on any ground?
They are a proportionate means of achieving a legitimate aim
When assessing proportionality, what will the courts look at?
Whether there is another less discriminatory way of achieving the same aim
What is the limited way in which direct discrimination due to disability can be justified?
A person can treat someone unfavourably because of something arising in consequence of another’s disability, if they can show the treatment is a proportionate means of achieving a legitimate aim
Does the prohibition against discrimination apply to the provision of services?
Yes
What is a firm’s obligation regarding disabled employees and clients?
They must provide reasonable adjustments such that these parties are not at a substantial disadvantage, and must not pass the costs on
Does “reasonable adjustments” means that all requirements must be catered for?
No, only those which are reasonable
What reasonable adjustments are required?
First - ways of doing things
Second - physical barriers
Third - extra aids and services
Who has a duty under the disability provisions?
Anyone providing
- goods
- facilities
- services
- public functions
- associations
What three causes of harassment?
- protected characteristics
- conduct of a sexual nature
- victimisation
What’s victimisation?
Detriment because:
- has done a protected act
- believes has or may do protected act
