L17: Equality & Anti-Discrimination Law
The Equality Act 2010, protected characteristics and anti-discrimination protections
Equality & Anti-Discrimination Law
The Equality Act 2010, protected characteristics and anti-discrimination protections
Key Fact: The Equality Act 2010 consolidated and simplified previous anti-discrimination legislation into a single Act, replacing the Race Relations Act, Sex Discrimination Act and Disability Discrimination Act among others
Key Fact: The Act protects nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation
Key Fact: Direct discrimination occurs when a person is treated less favourably because of a protected characteristic (e.g. refusing a job to someone because of their race)
Key Fact: Indirect discrimination occurs when a provision, criterion or practice is applied to everyone but puts people with a protected characteristic at a particular disadvantage and cannot be justified as a proportionate means of achieving a legitimate aim
Key Fact: Harassment is unwanted conduct related to a protected characteristic that has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading or humiliating environment
Key Fact: Victimisation occurs when a person is subjected to a detriment because they have made a complaint about discrimination, supported someone else's complaint or given evidence in a discrimination case
Key Fact: The public sector equality duty under section 149 requires public authorities to have due regard to the need to eliminate discrimination, advance equality of opportunity and foster good relations between different groups
Key Fact: Disability discrimination includes the duty to make reasonable adjustments — employers and service providers must modify practices, premises or provisions to remove substantial disadvantage faced by disabled people
Key Fact: Positive action (not positive discrimination) is permitted under the Act where people with a protected characteristic are underrepresented or disadvantaged; measures can be taken to encourage participation or overcome disadvantage
Key Fact: The Employment Tribunal hears discrimination claims in employment; the County Court hears other discrimination claims; claims must generally be brought within three months (employment) or six months (other areas)
Key Fact: Remedies for discrimination include compensation (which is uncapped in employment cases), recommendations for the employer to change practices, and declarations of rights
Key Fact: Exemptions exist: occupational requirements allow discrimination where a characteristic is a genuine and determining requirement of the job (e.g. a Catholic school requiring a headteacher to be Catholic), and age discrimination can be justified if it is a proportionate means of achieving a legitimate aim
📋 Key Vocabulary and Concepts
For Equality & Anti-Discrimination Law, you must know:
- Protected characteristic: One of nine personal attributes protected from discrimination under the Equality Act 2010: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation
- Direct discrimination: Treating a person less favourably because of a protected characteristic — e.g. refusing service to someone because of their race or sex
- Indirect discrimination: Applying a provision, criterion or practice that is neutral on its face but puts people sharing a protected characteristic at a particular disadvantage, unless it can be objectively justified
- Reasonable adjustments: The duty on employers and service providers under the Equality Act 2010 to modify practices, physical features or provisions to remove substantial disadvantage faced by disabled people
- Victimisation: Subjecting a person to a detriment because they have complained about discrimination, supported a complaint or given evidence in a discrimination case
- Public sector equality duty: The duty under section 149 of the Equality Act 2010 requiring public authorities to have due regard to eliminating discrimination, advancing equality of opportunity and fostering good relations
❓ Practice Questions
Q: List the nine protected characteristics under the Equality Act 2010.
Q: What is the difference between direct and indirect discrimination?
Q: What is the duty to make reasonable adjustments and who does it apply to?
Q: Explain the difference between positive action and positive discrimination.
Q: What remedies are available for discrimination claims?
✅ Answers
- Age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
- Direct discrimination is treating someone less favourably because of a protected characteristic (e.g. not hiring someone because of their race). Indirect discrimination is applying a seemingly neutral rule that puts people with a protected characteristic at a disadvantage and cannot be objectively justified (e.g. a height requirement that disproportionately excludes women).
- The duty to make reasonable adjustments requires employers, service providers and education providers to take positive steps to remove substantial disadvantages faced by disabled people compared to non-disabled people. This may involve changing practices, providing auxiliary aids or modifying physical features. What is 'reasonable' depends on factors such as the cost, practicality and effectiveness of the adjustment.
- Positive action is permitted under the Equality Act 2010 and involves measures to encourage or support people with a protected characteristic who are underrepresented or disadvantaged (e.g. targeted training programmes). Positive discrimination is generally unlawful and involves giving preferential treatment to someone because of a protected characteristic regardless of merit (e.g. automatically appointing a candidate because of their race rather than ability).
- Remedies include compensation (which is uncapped in the Employment Tribunal for discrimination claims), recommendations that the employer take steps to prevent further discrimination, and declarations that the claimant's rights have been breached. In non-employment cases, the County Court can award damages including compensation for injury to feelings.
🎯 Exam Tips
- Always name the specific protected characteristic when discussing a discrimination scenario — do not just say 'discrimination'
- Distinguish clearly between direct and indirect discrimination — use definitions and examples for both
- When discussing disability, always mention the duty to make reasonable adjustments — it is a unique feature of disability discrimination
- Remember that indirect discrimination can be justified but direct discrimination (except for age) generally cannot
- Use the correct legal terminology: 'protected characteristic', 'provision, criterion or practice', 'less favourable treatment' — not colloquial terms
📝 Exam Technique
GCSE Law Exam Tips — Equality & Anti-Discrimination Law:
1. For Equality & Anti-Discrimination Law questions, identify the relevant area of law and state the legal principles clearly
2. Apply legal rules to the facts of the scenario — don't just state the law
3. When evaluating, consider both the effectiveness and fairness of legal rules
4. Reference relevant cases and statutes when discussing Equality & Anti-Discrimination Law
5. Consider reform proposals and alternative approaches where relevant
1. For Equality & Anti-Discrimination Law questions, identify the relevant area of law and state the legal principles clearly
2. Apply legal rules to the facts of the scenario — don't just state the law
3. When evaluating, consider both the effectiveness and fairness of legal rules
4. Reference relevant cases and statutes when discussing Equality & Anti-Discrimination Law
5. Consider reform proposals and alternative approaches where relevant
⚠️ Common Errors
✗ Confusing positive action with positive discrimination ✓ Positive action is lawful and involves encouraging underrepresented groups; positive discrimination is generally unlawful and involves preferential treatment based solely on a protected characteristic
✗ Saying direct discrimination can always be justified ✓ Direct discrimination cannot be justified except in cases of age discrimination and occupational requirements; it is generally unlawful per se
✗ Forgetting that the duty to make reasonable adjustments applies only to disability ✓ The duty to make reasonable adjustments is unique to disability discrimination under the Equality Act 2010; other protected characteristics do not have an equivalent duty
✗ Listing only some protected characteristics ✓ There are exactly nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation
✍️ Model Answer
Full-Mark Response
How effective is the Equality Act 2010 in preventing discrimination in the workplace? (15 marks)
The Equality Act 2010 provides a comprehensive legal framework for preventing workplace discrimination, but its effectiveness is limited by practical and systemic factors. On the positive side, the Act consolidated over 100 separate pieces of legislation into a single statute, making the law more accessible and consistent. It protects nine characteristics and covers direct and indirect discrimination, harassment and victimisation, providing broad protection. The duty to make reasonable adjustments for disabled employees has forced employers to accommodate diverse needs, and the uncapped compensation available in Employment Tribunals provides a strong deterrent against discriminatory conduct. However, significant limitations remain. The burden of proof falls on the claimant, which can be difficult given that employers control most of the evidence. Employment Tribunal fees (though now abolished) and the strict three-month time limit for claims deter many victims from bringing cases. Indirect discrimination can be justified by employers if they show the practice is a proportionate means of achieving a legitimate aim, which gives employers considerable scope to defend discriminatory practices. Furthermore, the gender pay gap persists despite the Act, and discrimination on grounds of pregnancy and maternity continues to be widespread. Research shows many discrimination claims are settled with non-disclosure agreements, which means discriminatory practices may never be publicly challenged. Overall, while the Equality Act 2010 sets strong legal standards, enforcement difficulties and systemic barriers mean workplace discrimination remains a significant problem.
📊 AO Deep Dive
Assessment Objective Analysis
AO1 (Knowledge & Understanding): Demonstrate knowledge and understanding of equality & anti-discrimination law, including key legal rules, principles and concepts relevant to OCR J271.
AO2 (Application): Apply knowledge and understanding of equality & anti-discrimination law to legal scenarios and problems, using legal reasoning and analysis.
AO3 (Analysis & Evaluation): Analyse, evaluate and critique legal rules, principles and reform proposals related to equality & anti-discrimination law, constructing balanced and supported arguments.
📝 Exam Questions by Topic
🎬 Video Resources
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