Equality Flashcards
Sources Of Protection
From Discrimination
Equality Act 2010
Code B Paragraph 3.1A PACE 1984
3 prohibited actions
3 Prohibited Actions
It is unlawful for a police officer when exercising their powers
- to either:
* Discriminate against;
* Harass; or
* Victimise
..any person on the grounds of their protected
characteristics.
Discrimination Must Be Based
Upon A Protected Characteristic
Liability under discrimination law will not be established
purely by an act of discrimination, victimisation or
harassment of itself.
The discriminative effect must be based upon (i.e.
because of) a person’s protected characteristic.
List Of Protected Characteristics
- Disability
- Gender reassignment
- Marriage and civil partnership
- Race
- Religion and belief
. Sex - Sexual orientation
Age
Section 5 Equality Act 2010
Definition Of Age?
Age relates to
a person belonging to
a particular age group.
— for example the age group of “over 60s”
Age - Exceptions
The Equality Act 2010 (Age Exceptions) Order 2012 —
provides a limited number of exceptions
in which age discrimination
is permitted.
— e.g. positive action measures, private clubs etc.
Disability
Section 6 Equality Act 2010
Definition Of Disabled
A person will be disabled
where
2 steps
are both satisfied.
Step 1
They have either a:
* Physical impairment; or
* Mental impairment.
step 2
The impairment has a:
* Substantial; and
* Long term
adverse effect on their ability to carry out normal
day to day activities.
Normal Day To Day Activities Of
A Police Officer?
Normal day to day activities will include:
* Confrontational activity; and
* Working nights.
Examples Of Impairments
Physical disabilities - e.g. a chronic back injury.
Sensory disabilities - e.g. blind, deaf etc.
Illnesses - e.g. HIV infection, MS, Cancer etc.
The Impairment Must Be Of A
Long Term Nature
The impairment will be long term where either:
* It has lasted for at least 12 months;
* It is likely to last for at least 12 months; or
* It is likely to last for the rest of the person’s life.
Gender
Reassignment
Section 7 Equality Act 2010
Definition Of Gender
Reassignment
The charactenstlc of gender reassignment will apply to persons who
either:
* Stage 1 - Are proposing to undergo a process;
* Stage 2 - Have undergone a process; or
* Stage 3 - Has undergone part of a process
..for the purpose of reassigning the person’s sex…
.by changing either:
* Physiological; or
* Other attributes
Of their sex.
Marriage & Civil
Partnership
Section 8 Equality Act 2010
Definition Of Marriage & Civil
Partnership
Applies to a person who is either:
* Married - (This now includes both heterosexual and
same sex marriages); or
* A civil partner.
Race
Section 9 Equality Act 2010
Definition Of A Racial Group
Persons Will belong to a racial group If they share characteristics of
either:
* Colour;
* Nationality - (membership of a nation — e.g. Scottish, English etc.);
* National origins (citizenship acquired at birth); or
* Ethnic origins - (includes caste).
Definition Of An Ethnic Group
“Ethnic group” is a broad definition which may include
any group with a shared:
* Culture; or
* History.
Examples Of Ethnic Groups
* Sikhs - Mandia v Dowel/ Lee [19831 2 AC 548
* Jews Seide v Gillette Industries Ltd (19801 IRLR 427
* Romany gypsies – CRE v Dutton (19891 QB 783
* Irish travellers — O’Leary v Allied Domecq Inns Ltd (CL950275 July 2000)
Religion or Belief
Section 10 Equality Act 2010
Religion
The definition includes
any religion
or
lack of religion
Belief
Means any
Religious belief
or
philosophical belief
or
lack thereof.
Status Of Religious
Denominations
Denominations within a religion
will constitute
individual religious groups
in their own right.
e.g. Protestants and Catholics within the faith of
Christianity.
Sex
Section 11 Equality Act 2010
Definition
The protected groups under sex - include the groups
of:
* Men; and
* Women.
Equal Pay Between The Sexes
Men and women shall be paid equal pay for:
* Like work;
* Work related as equivalent; or
* Work of equal value.
Sexual Orientation
Section Il Equality Act 2010
Definition
Sexual orientation includes orientation towards:
* Persons of the same sex - (gay / lesbian);
* Persons of the opposite sex - (heterosexuals);
* Persons of either sex - (bisexual).
4 FORMS OF DISCRIMINATION
- Direct discrimination;
- Indirect discrimination;
- Harassment; and
- Victimization.
DIRECT DISCRIMINATION
Definition Of Direct
Discrimination
Direct discrimination can best be summarised as:
* One person being treated less favourably than
another person - (i.e. disadvantaged); and
* The reason for their less favourable treatment was
based upon their membership of a protected group
(race, sex etc).
Associative Discrimination
A person is treated less favourably on the basis of their
association with a protected characteristic.
For example - a non-disabled parent being treated less
favourably because of their caring responsibilities for
their disabled child (who will belong to a protected
group).
Direct Discrimination By
Perception
Direct discrimination can occur if a person is treated
less favourably because they are perceived to belong
to a protected group - (to which they do not in fact
belong).
For example direct discrimination will occur if A is
treated less favourably by B because B perceives that A
is homosexual whereas in reality B is heterosexual.
Direct Discrimination
Arising From Disability
Section 15 Equality Act 2010
2 steps
Step 1
They treat the disabled person unfavourably —
because of something arising
in consequence of their disability.
step 2
They cannot show
that the unfavourable treatment
is a proportionate means
of achieving a legitimate aim.
Defence
They both:
* Did not know - i.e. - were not subjectively aware; and
* Could not have reasonably been expected to know - i.e.
- objective reasonable person test
.that the person was suffering from a disability.
Reasonable
Adjustments For
Disabled Persons
Section 20 Equality Act 2010
3 duties
Duty 1 - Change The Way Things
Are Done
Where a provision, criterion, or practice
puts a disabled person
at a substantial (more than minor) disadvantage
in relation to a relevant matter in comparison with
persons who are not disabled
to take such steps as are reasonable to avoid the
disadvantage.
Duty 2 - Changing The Physical
Surroundings
Where a physical feature
puts a disabled person
at a substantial (more than minor) disadvantage
in relation to a relevant matter in comparison with
persons who are not disabled
to take such steps as are reasonable to avoid the
disadvantage.
Duty 3 - Providing Aids
Where a disabled person would, but for the provision
of an auxiliary aid,
be put at a substantial (more than minor)
disadvantage
in relation to a relevant matter in comparison with
persons who are not disabled
to take such steps as are reasonable to provide the
auxiliary aid.
Test To Determine Whether
Reasonable Steps Have Been Taken
To Make A Reasonable Adjustments?
This is an objective test
— which will depend on the facts of each case
Consequences Of Failing To Take
Steps To Make A Reasonable
Adjustment?
A failure
will constitute an act of discrimination
against the disabled person.
Direct Discrimination
Arising From Gender
Reassignment
Section 16 Equality Act 2010
A person will directly discriminate against a transsexual
person whose is absent from work - because they either:
* Are proposing to undergo;
* Are undergoing; or
* Have undergone
gender reassignment..
.if they treat their absence less favourably than they would if
their absence was caused by either:
* Sickness;
* Injury; or
* Some other reason
.and it is not reasonable for them to be treated less
favourably.
Direct Discrimination
Due To Pregnancy
Section 17 Equality Act 2010
2 categories
Category 1
A person will directly discriminate
against a woman
if they take either of 2 actions.
Action 1
They treat her unfavourably
because of
her pregnancy.
Action 2
They within 26 weeks of the date she gives birth to either:
* Alive baby; or
* A post 24 week pregnancy stillborn baby
.they treat her unfavourably because she has given birth
- (e.g. treating her unfavourably because she is
breastfeeding).
Category 2
A person will directly discriminate
against a woman
if they treat her unfavourably
because of any of 3 reasons.
Reason 1
Because of either:
* Her pregnancy; or
* A pregnancy related illness
during her protected period.
Reason 2
Because of the fact
that she is on
compulsory maternity leave.
Reason 3
Because she either:
. Is.
* Is seeking to;
* Has; or
* Has sought to
…exercise her right to either:
* Ordinary maternity leave; or
* Additional maternity leave.
INDIRECT DISCRIMINATION
Indirect Discrimination
— Simple Definition
A rule
which applies to everybody
- but disproportionately disadvantages
members of a group with a protected characteristic.
Step 1
A person or organisation applies equally a:
* Provision;
* Criterion; or
* Practice.
step 2
That provision, criterion or practice
puts people in the protected group
at a disadvantage
when compared to others.
Step 3
Their protected characteristic
makes them less able to comply
with the condition etc.
Step 4
The organisation or person
cannot show their actions
to be a proportionate means
of achieving a legitimate aim.
Harassment
Section 26 Equality Act 2010
3 forms
Form 1
A person harasses another if they
engage in unwanted conduct
relating to a relevant protected characteristic
and the conduct has either the:
* Purpose - (i.e. intention); or
* Effect - (i.e. result)
.0f either of 2 consequences..
Consequence 1
Violating the person’s dignity.
Consequence 2
Creating an environment that is either:
* Intimidating;
* Hostile;
* Degrading;
* Humiliating; or
* Offensive.
Form 2
A person harasses another if
they engage in unwanted conduct (e.g. verbal remarks,
written comments or physical contact) of a sexual nature
and the conduct has either the:
* Purpose - (i.e. intention); or
* Effect - (i.e. result)
of either of the same 2 consequences.
Form 3
A person harasses another
If they engage in unwanted conduct that is either:
* Of a sexual nature;
* Related to gender reassignment; or
* Related to sex
-and the conduct has either the:
* Purpose (i.e. intention); or
* Effect - (i.e. result)
..of either of the same 2 consequences…
…and because of the victim’s:
* Rejection of the conduct; or
* Submission to the conduct
…the perpetrator treats the victim less favourably than they
would have done so — had they not either:
* Rejected; or
* Submitted to
.the conduct.
Victimization
Section 27 Equality Act 2010
Definition Of Victimization
A person (A) victimises another person (B) - if A subjects B to a
detriment because either:
* B does a protected act - (i.e. currently);
* A believes that B has (already) done a protected act; or
* A believes that B may do a protected act — (in the future).
Victimisation — Put Simply
Discriminating against a person because they have either:
* Made themselves; or
* Supported another’s
complaint under the Equality Act 2010.
Protected Acts
4 categories
Protected Act 1
The victim having
brought proceedings
against
any person under the act.
(i.e. they have made a claim themselves)
Protected Act 2
The victim having
given
evidence or information
in connection with proceedings under the act.
(e.g. supported another person’s claim)
Protected Act 3
The victim having
otherwise done anything
for the purposes of
or
in connection with
the act.
Protected Act 4
The victim having
alleged that
any person
has done anything
which would amount to
a contravention of the act.
Who Does The Burden
Of Proof Rest Upon To
Prove Discrimination?
2 burdens
Complainant’s Initial Burden
The complainant
initially bears the burden
to establish facts
from which discrimination can be presumed.
Respondent’s Subsequent Burden
Once the complainant has discharged their burden
— the burden shifts onto the respondent
to rebut the complaint.
Defence 1
Genuine Occupational Requirements
Certain jobs
make it necessary
to appoint individuals
who have a certain protected characteristic
- to the detriment of those groups
who do not share such a protected characteristic.
Defence 2
Positive Action
Section 158 Equality Act 2010
Purpose?
Designed to tackle under representation
within an organisation
of a group sharing a protected characteristic
— via taking proportionate positive action
to redress the balance.
Example 1
Targeted recruitment campaigns
for under-represented groups.
Example 2
Offering additional support or training to
underrepresented groups either:
* Prior to recruitment; or
* Following recruitment to facilitate progression.
Example 3
Where 2 candidates are equally qualified for
appointment or promotion
— the protected characteristic of one of the individuals
can be taken into consideration
to place them in a preferential position.
