Equality Act 2010: What do I need to know?

1 Equality ACT 2010 : WHAT DO I NEED TO KNOW? A SUMMARY GUIDE FOR. VOLUNTARY AND COMMUNITY. SECTOR SERVICE PROVIDERS. Foreword The Equality Act 2010 replaces the existing anti- discrimination laws with a single Act. It simplifies the law, removing inconsistencies and making it easier for people to understand and comply with it. It also strengthens the law in important ways to help tackle discrimination and inequality. This summary guide tells you how the Equality Act 2010 changes how you have to act in order to prevent and address discrimination when you provide goods, facilities and services to the public, for example as a residential care home, community shop or after-school club. These parts of the Act will come into effect on 1 October 2010 . 2. This series of guides covers key changes that are Introduction coming into effect on 1 October 2010 .

2 The Equality Act also contains other provisions, including the new concept of dual discrimination, an extended The Equality Act 2010 brings together, harmonises public sector Equality Duty and a prohibition on age and in some respects extends the current Equality discrimination in services and public functions. The law. It aims to make it more consistent, clearer Government is looking at how the rest of the Act and easier to follow in order to make society can be implemented in the best way for business, fairer. As a provider of goods, facilities or services and will make an announcement in due course. in the voluntary and community sector your responsibilities remain largely the same, but there The Act protects the same groups of people that are some differences that you need to be aware were covered by previous Equality legislation, of.

3 These changes are summarised in the table on by reference to what are now called protected the next page. characteristics'. The characteristics covered by this guide are disability, gender reassignment, pregnancy There are other guides for employers, business and and maternity, race, religion or belief, sex and sexual individuals. The guide for employers will help the orientation. voluntary and community sector with employment issues. 3. What's new for the voluntary and community sector an overview Key Characteristic covered in existing legislation no changes No change Characteristic covered in existing legislation but some changes Changes Characteristic not covered in existing legislation now covered New Characteristic not covered in existing legislation still not covered No protection Disability Gender Pregnancy and Race Religion or Sex Sexual reassignment maternity belief orientation Direct discrimination Changes No change No change No change No change No change No change Discrimination by New New No protection No change No change New No change association Discrimination by New New No protection No change No change New No change perception Indirect discrimination New New No change No change

4 No change No change No change Harassment Changes Changes No Changes No Changes No protection* protection* protection*. Victimisation Changes Changes Changes Changes Changes Changes Changes Positive action Changes Changes Changes Changes Changes Changes Changes Associations and No change New New No change New New No change private members' clubs Charities Changes Changes Changes Changes Changes Changes Changes Discrimination arising New from disability Reasonable Changes adjustments * Where there is no specific harassment protection, direct discrimination protection prohibits treatment such as bullying and harassment which results in a person being treated less favourably. 4. Disability (changed). Who has responsibilities? The protected characteristic of disability applies to a person who has a physical or mental impairment The Act applies to all organisations that provide that has a substantial and long-term adverse effect a service to the public, or a section of the public on their ability to carry out normal day-to-day (service providers).

5 It also applies to anyone who activities. sells goods or provides facilities. For example, it will cover community centres, information and advice What has changed? agencies, charity shops, sports clubs, internet-based To qualify for protection from discrimination, a services, and residential care homes and day care disabled person no longer has to show that their centres. It applies to all your services, whether or impairment affects a particular capacity, such as not a charge is made for them. It also applies to mobility or speech, hearing or eyesight. private clubs and other associations with 25 or more members. For further details see the Disability Quick Start Guide. Gender reassignment (changed). Who is protected? The protected characteristic of gender reassignment will apply to a person who is proposing to undergo, The Act protects people who have a protected is undergoing or has undergone a process to change characteristic' (these used to be called grounds').

6 Their sex. The relevant characteristics are: What has changed? disability (definition changed) To qualify for protection from discrimination a gender reassignment (definition changed) transsexual person no longer has to show that they pregnancy and maternity are under medical supervision. race this includes ethnic or national origins, colour and nationality For further details see the Gender Reassignment religion or belief Quick Start Guide. sex, and sexual orientation. 5. What the law prohibits Example Jane is not allowed into her local Here are some examples of the different kinds of community centre with her son because conduct that are prohibited under the Act. he is disabled. This is discrimination against her by association. Direct discrimination (changed).

7 Direct discrimination occurs when a person is treated less favourably than another person because Direct discrimination also includes discrimination of a protected characteristic. because a person is wrongly thought to have a particular protected characteristic or is treated as if they do. Example Beatrice visits her local credit union. Example She asks for a small loan to enable her Samantha, who is straight, goes on a to buy a fridge. They refuse to lend Gay Pride march to support some of her any money because they say that a her lesbian, gay, bisexual and transgender woman is less likely to have a job and be colleagues, and while there collects a able to repay the loan. This is direct sex Support Gay Pride' the discrimination. march she goes into the community centre bar for a drink.

8 The barman What has changed? refuses to serve her as he believes that Protection from direct discrimination in services is she is a lesbian because of the badge new for disability. she is wearing and because he saw her on the march. This is discrimination by Association and perception perception. Direct discrimination can also take place because of a protected characteristic a person does not personally have. For example, it includes a person What has changed? being treated less favourably because they are linked or associated with a person who has a protected Previously protection extending wider than the characteristic. person's own protected characteristic such as protection from discrimination because of association and perception applied only to race, religion or belief, and sexual orientation.

9 Now it applies to sex, disability and gender reassignment as well. 6. Indirect discrimination (changed) What has changed? Indirect discrimination happens when there is a rule, Indirect discrimination now applies to disability and a policy or even a practice that applies to everyone gender reassignment as well as the other protected but which particularly disadvantages people who characteristics. share a particular protected characteristic. Indirect discrimination can be justified if it can be shown Discrimination arising from disability (new). that the rule, policy or practice is intended to Discrimination arising from disability occurs when a meet a legitimate objective in a fair, balanced and disabled person is treated unfavourably because of reasonable way. If this can be shown it will be something connected with their disability and this lawful.

10 When considering introducing a new rule unfavourable treatment cannot be justified. Treatment or policy, you should first consider whether there can be justified if it can be shown that it is intended is any other way to meet your objectives that to meet a legitimate objective in a fair, balanced would not have a discriminatory effect or that and reasonable way. If this can be shown then the is less likely to disadvantage people who have a treatment will be lawful. protected characteristic. Remember that a lack of financial resources alone is unlikely to be a sufficient This form of discrimination can occur only if the justification. service provider knows or can reasonably be expected to know that the disabled person is disabled. Example Jamal is a devout Muslim refugee who Example wishes to get advice on his immigration status.