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Legal Terms - Equality Act 2010
An Act that unifies, harmonizes, and expands the entire set of laws enacted to prohibit different forms of *discrimination. Age, handicap, *gender reassignment, marriage and civil partnerships, pregnancy and motherhood, race, religion or belief, sex, and sexual orientation are among the nine protected factors listed in the Equality Act that may serve as the foundation for illegal discrimination. The Act does this by repealing and replacing all previous laws pertaining to these topics. In addition to employment, the Act also extends to transportation, education, and the supply of products and services. Direct and indirect discrimination are both possible (see indirect discrimination). It can result from a person's association with someone who possesses a protected characteristic (for instance, when someone is treated less favorably because their child is disabled) or from an incorrect assumption that someone has a protected characteristic (for instance, treating someone less favorably because they are thought to be gay).
The Act also addresses harassment and victimization. Employers are prohibited from victimizing or discriminating against candidates or staff members based on any of the protected traits. Additionally, harassing job candidates or workers is illegal. Pregnancy and maternity discrimination, as well as discrimination that occurs when an employer does not provide a disabled employee with *reasonable accommodations, are covered by special regulations. Decisions about who to hire and under what conditions, access to training, promotions, and other rewards, as well as termination or any other negative outcome, can all be considered forms of discrimination in the workplace. The clauses pertaining to *equal pay (referred to as "equality of terms" in the Act) address sex discrimination in compensation. The Act also renders unenforceable any employment agreements that forbid employees from telling others how much they make or that attempt to stop employees from questioning coworkers about their salaries in order to determine whether a pay disparity is related to a protected trait (for instance, sex; see gender pay gap).
When one of several equally qualified applicants is a member of a group identified by one or more of the protected characteristics and is known or believed to be socially or economically disadvantaged or the target of discrimination, employers may, but are not required to, take positive action under the Act. Positive discrimination, which is still illegal, is not the same as this kind of positive activity. In the context of employment, there are several exceptions, such as when possessing one of the protected traits is a legitimate occupational necessity and can be supported as a proportionate way to accomplish a legitimate goal (e.g., hiring a female carer to provide care for a female patient). Additionally, there are particular exceptions that apply in the cases of age and religion or belief. With the exception of marriage and civil partnerships, the Act extends the public sector's obligation to provide equality to all protected characteristics. People who are subjected to discrimination under the Act may file a complaint in the courts for issues pertaining to the supply of goods and services or in the *employment tribunal for issues pertaining to employment. Additionally, the *Equality and Human Rights Commission has enforcement authority. Over the years, European statutes and case law have had a significant impact on the area. Although socioeconomic discrimination (based on class, money, or wealth) is not illegal under the Equality Act, it may infringe Article 14 of the *European Convention on Human Rights or amount to indirect discrimination based on one of the nine protected characteristics.
An Act that unifies, harmonizes, and expands the entire set of laws enacted to prohibit different forms of *discrimination. Age, handicap, *gender reassignment, marriage and civil partnerships, pregnancy and motherhood, race, religion or belief, sex, and sexual orientation are among the nine protected factors listed in the Equality Act that may serve as the foundation for illegal discrimination. The Act does this by repealing and replacing all previous laws pertaining to these topics. In addition to employment, the Act also extends to transportation, education, and the supply of products and services. Direct and indirect discrimination are both possible (see indirect discrimination). It can result from a person's association with someone who possesses a protected characteristic (for instance, when someone is treated less favorably because their child is disabled) or from an incorrect assumption that someone has a protected characteristic (for instance, treating someone less favorably because they are thought to be gay).
The Act also addresses harassment and victimization. Employers are prohibited from victimizing or discriminating against candidates or staff members based on any of the protected traits. Additionally, harassing job candidates or workers is illegal. Pregnancy and maternity discrimination, as well as discrimination that occurs when an employer does not provide a disabled employee with *reasonable accommodations, are covered by special regulations. Decisions about who to hire and under what conditions, access to training, promotions, and other rewards, as well as termination or any other negative outcome, can all be considered forms of discrimination in the workplace. The clauses pertaining to *equal pay (referred to as "equality of terms" in the Act) address sex discrimination in compensation. The Act also renders unenforceable any employment agreements that forbid employees from telling others how much they make or that attempt to stop employees from questioning coworkers about their salaries in order to determine whether a pay disparity is related to a protected trait (for instance, sex; see gender pay gap).
When one of several equally qualified applicants is a member of a group identified by one or more of the protected characteristics and is known or believed to be socially or economically disadvantaged or the target of discrimination, employers may, but are not required to, take positive action under the Act. Positive discrimination, which is still illegal, is not the same as this kind of positive activity. In the context of employment, there are several exceptions, such as when possessing one of the protected traits is a legitimate occupational necessity and can be supported as a proportionate way to accomplish a legitimate goal (e.g., hiring a female carer to provide care for a female patient). Additionally, there are particular exceptions that apply in the cases of age and religion or belief. With the exception of marriage and civil partnerships, the Act extends the public sector's obligation to provide equality to all protected characteristics. People who are subjected to discrimination under the Act may file a complaint in the courts for issues pertaining to the supply of goods and services or in the *employment tribunal for issues pertaining to employment. Additionally, the *Equality and Human Rights Commission has enforcement authority. Over the years, European statutes and case law have had a significant impact on the area. Although socioeconomic discrimination (based on class, money, or wealth) is not illegal under the Equality Act, it may infringe Article 14 of the *European Convention on Human Rights or amount to indirect discrimination based on one of the nine protected characteristics.
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