| Article Index |
|---|
| Overview |
Summary
- The Equality Act consolidates all existing discrimination law (and equal pay law) into one Act and harmonises definitions and concepts across all strands of discrimination.
- The Act protects against discrimination ‘because of a protected characteristic’, i.e. age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.
- Positive action: employers can choose to take positive action to appoint someone to a job where they have the choice between 2 or more candidates who are ‘as qualified’ as each other. However the most (equal) suitable person must still get the job and the merit principle still applies. Positive discrimination (employing someone because of a characteristic regardless of merit) remains illegal. Positive action is not a requirement on employers and is entirely voluntary.
- Occupational requirement: an occupational requirement defence applies to all protected characteristics where the application of such a requirement is a proportionate means of achieving a legitimate aim. The specific lists of general occupational qualifications and requirements set out in the race and sex discrimination law have been removed. If employers are currently relying on these, recruitment policies may need to be amended.
- Indirect discrimination: the Act extends protection against unjustified indirect discrimination to gender reassignment and, more importantly, disability. Therefore an employee or job candidate who has a disability will be able to complain that an employer has adopted a provision, criterion or practice (PCP) which puts people with the same disability at a particular disadvantage. To avoid liability an employer will have to show that the PCP is justified as a proportionate means of achieving a legitimate aim. There is no ‘lack of knowledge’ defence available to an employer that did not know the person was disabled or might be adversely affected.
The full version of this article is available to subscribers only.
To read the full article you must sign in.
Or
Find out more about subscription
Or
Find out more about subscription
Subscribers only - the employment team at 
