Discrimination looks different for different people and can make you feel excluded or ‘other’.
Discrimination occurs when an individual or a group of people are treated less favourably than others based on a protected characteristic such as age, disability, gender reassignment, marriage or civil partnership (in employment), pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
It is against the law to discriminate against anyone because of:
- age
- being married or in a civil partnership
- being pregnant or on maternity leave
- disability
- gender reassignment
- race including colour, nationality, ethnic or national origin
- religion or belief (including lack of belief)
- sex (gender)
- sexual orientation
Discrimination based on one or more of the above characteristics is unlawful under the Equality Act. The Act protects everyone from being discriminated against because everyone has at least some of these characteristics, such as age, race, or gender.
Types of discrimination
The Equality Act (2010) sets out four types of unlawful discrimination. The Equality and Human Rights Commission (EHRC) provides further information on the different types of discrimination and what is meant by ‘a proportionate means of achieving a legitimate aim’.
Direct discrimination
When someone is treated less favourably than another person because of a protected characteristic they have or are thought to have, or because they associate with someone who has a protected characteristic.
Indirect discrimination
When there is a condition, rule, policy or practice that applies to everyone but particularly disadvantages people who share a specific protected characteristic. However, it isn’t classed as indirect discrimination if it can be shown that the condition, rule, policy or practice is reasonable.
Harassment
Discrimination linked to a protected characteristic.
Victimisation
Where someone is treated unfairly because they’ve complained about discrimination or harassment. For example, victimisation may include denying a promotion because of someone has reported the responsible manager for misconduct previously.
The Equality Act 2010 permits ‘positive action’ to be used when specifically taking action to help people with protected characteristics and may be used in circumstances where individuals are at a disadvantage, have particular needs or are under-represented in an activity or type of work.