| 单词 | Equality Act 2010 |
| 释义 | Equality Act 2010 The Act applies in a number of fields other than employment, including education, transport, and the provision of goods and services. Discrimination may be direct or indirect (see indirect discrimination). It may arise from a mistaken belief that someone has a protected characteristic (for example, treating someone less favourably because they are believed to be gay), or because of a person’s association with someone who has a protected characteristic (for example, where someone is treated less favourably because their child is disabled). The Act also covers victimization and harassment. Employers must not discriminate against or victimize applicants or employees on the basis of any of the protected characteristics. It is also unlawful to harass applicants or employees. There are special rules for discrimination on grounds of pregnancy and maternity, and for the discrimination that arises where an employer fails to make reasonable adjustments for a disabled employee. Discrimination in employment may relate to decisions about who to employ and on what terms, access to promotion, training, and other benefits, and dismissal or any other detriment. Sex discrimination in pay is dealt with in the provisions relating to equal pay (referred to in the Act as “equality of terms”). The Act also makes unenforceable any terms of employment that prevent someone from disclosing their pay to others, or terms that try to prevent people from asking colleagues about their pay, where the purpose is to find out whether a difference in pay is connected with a protected characteristic (for example, sex: see gender pay gap). Under the Act employers may, but are not required to, take positive action where one of several equally qualified candidates belongs to a group identified by one or more of the protected characteristics and is known or perceived to be socially or economically disadvantaged or subject to discrimination. Such positive action is distinct from positive discrimination, which remains unlawful. There are a number of exceptions that apply to the employment sphere, including where having one of the protected characteristics is a genuine occupational requirement and that can be justified as being a proportionate means of achieving a legitimate aim (e.g. employing a female carer to provide care for a female patient). There are also special exceptions that apply in the case of religion or belief and in the case of age. The Act extends the public sector equality duty to all the protected characteristics except marriage and civil partnership. Individuals who suffer discrimination under the terms of the Act may bring a complaint in the employment tribunal for employment-related matters or in the courts for matters relating to the provision of goods and services. The Equality and Human Rights Commission also has enforcement powers. The field has been heavily influenced over the years by European statute and case law. Discrimination on socio-economic grounds (income, wealth, or class) is not unlawful under the Equality Act but might constitute indirect discrimination based on one of the nine protected characteristics or might violate Article 14 of the European Convention on Human Rights. |
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