The legislation that protects persons from discrimination is the Equality Act of 2010. Race, age, gender identity or expression, handicap, belief system, sex, sexual orientation, pregnancy and maternity, marriage, and civil partnerships are listed as the nine protected qualities. Before the Equality Act of 2010, numerous pieces of legislation provided protection against discrimination based on specific identification features. The statute, which outlines 9 protected attributes, now unifies all anti-discrimination laws (Malleson, 2018).
The fundamental principles of the law place a strong emphasis on the different ways that discrimination might present itself, including victimization, direct and indirect discrimination and harassment.
Direct Discrimination: When someone is treated less favourably due to a protected characteristic, this is considered direct discrimination (CIPD, 2023a). When a job applicant is rejected solely because of their age or gender, this is an example of direct discrimination. Such behaviour is expressly prohibited by anti-discrimination legislation.
Indirect Discrimination: Indirect discrimination occurs when people who have certain protected characteristics are hurt by an apparently impartial policy, practice, or strategy (CIPD, 2023a). Although it might accidently happen, this is nonetheless prohibited. For instance, mandating full-time employment for all staff members would unfairly burden parents who are in charge of raising children.
Harassment This conduct occurs when someone is treated in a way that breaches their dignity and fosters a hostile or uncomfortable environment, according to the 2010 Equality Act. An example would be if a person with Down’s syndrome encountered insulting remarks at a pub (GOV.UK, n.d.).
The Act defines victimization as when a person experiences unjust treatment as a result of using their legal rights or supporting someone else who is. A worker who reports sexual harassment at work and is then fired is a victim of victimization (GOV.UK, n.d.).
The Equality Act lists a number of distinguishing characteristics that could result in harassment and discrimination at work (McKevitt, n.d.). These characteristics are listed as protected qualities. Employers must ensure a workplace free from discrimination based on specific qualities or risk severe ramifications, making this law crucial. To be protected from discrimination, employees must be informed of the legislation, understand their rights, and have access to resources (McKevitt, n.d.).
However, there are certain problems to this rule as well, especially given how difficult it may be to identify hidden prejudice. Victims can only act if they are informed of the law (Malleson, 2018), as well. Unfortunatelly, many incidents go unreported, particularly when people are concerned about losing their jobs or having their reputations tarnished.
The EA of 2010 guarantees social justice, fairness, and inclusivity. The social justice argument, according to McCevitt (n.d.), is founded on the notion that everyone should be allowed to equal access to employment, education, and advancement that is solely based on merit. The law established standards for ensuring that everyone has the right to fair treatment (Malleson, 2018). These standards are effective in building a fair and inclusive community where everyone, regardless of circumstance, feels valued and respected.
It’s not always illegal to treat someone unfairly because of their protected characteristics. The Equality Act of 2010 allows discrimination against people who have protected characteristics in some situations. These include indirect bias, disability-based discrimination, and overt age discrimination. Nevertheless, the discriminator must show that their actions are justified in order to achieve a legitimate goal. This means that the justification must be genuine and free from discrimination, such as business needs, public health, safety, and welfare, or the provision of effective services. The discrimination’s goal must be assessed to be appropriate when weighed against the disadvantage. It must be necessary and appropriate.
