The nine protected characteristics under UK law are outlined in the Equality Act 2010. They are as follows:
- Age: This refers to a person belonging to a particular age group, which can mean people of the same age and people of a range of ages.
- Disability: A person has a disability if they have a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.
- Gender reassignment: This refers to people who are proposing to undergo, are undergoing or have undergone a process (or part of a process) to reassign their sex by changing physiological or other attributes of sex.
- Marriage and civil partnership: This refers to people who are married or in a civil partnership. The characteristic is only relevant for the purpose of the work-related provisions in the Act.
- Pregnancy and maternity: Pregnancy is the condition of being pregnant or expecting a baby. Maternity refers to the period after birth and is linked to maternity leave in the employment context.
- Race: This refers to a group of people defined by their race, colour, nationality (including citizenship) and ethnic or national origins.
- Religion or belief: Religion includes any religion and also a lack of religion. Belief includes religious and philosophical beliefs, including lack of belief (e.g. Atheism).
- Sex: This refers to a person’s sex.
- Sexual orientation: This refers to a person’s sexual orientation toward people of the same sex, people of the opposite sex, or people of both sexes.
These characteristics are protected under the Equality Act to prevent discrimination, harassment, or victimisation based on these aspects of one’s identity.
The protected characteristics are vital for promoting a more equitable, inclusive, and fair society. They provide a standard against which behaviour and policies are judged and offer legal recourse for those who experience discrimination. They are crucial in society to:
- Promote Equality: Protecting these characteristics helps to promote equality by ensuring that everyone has the same rights and opportunities regardless of their personal circumstances or identity. It acknowledges and values the diversity of individuals’ experiences and identities.
- Prevent Discrimination: The protected characteristics provide a clear legal framework that prohibits discrimination, harassment, and victimisation. This includes direct discrimination (treating someone less favourably because of a protected characteristic), indirect discrimination (a rule or policy that applies to everyone but disadvantages people with a particular protected characteristic), and harassment (unwanted behaviour linked to a protected characteristic that violates someone’s dignity or creates a hostile environment).
- Promote Fairness and Justice: The protection of these characteristics aims to establish a fair and just society where everyone is treated with respect and dignity. It ensures individuals aren’t denied opportunities or rights due to aspects of their identity that are beyond their control.
- Encourage Diversity and Inclusion: Recognising and protecting these characteristics can encourage a more diverse and inclusive society. It can promote understanding and acceptance of differences, which can lead to more inclusive, respectful, and productive communities, workplaces, educational institutions, etc.
- Legal Consequences for Discrimination: By protecting these characteristics in law, it means that if someone is found to have discriminated against someone else based on any of these characteristics, they can face legal consequences. This gives people a means of seeking justice if they have been discriminated against.
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