Round #426

What are the nine protected characteristics under the Equality Act 2010 and which ones cannot be justified under any circumstances?

### The Nine Protected Characteristics Under the Equality Act 2010 The Equality Act 2010 is UK legislation that consolidates and strengthens anti-discrimination laws. It identifies nine "protected characteristics" that are safeguarded against discrimination, harassment, and victimization in areas like employment, education, housing, and services. These are: 1. **Age** – Applies to people of all ages, but often focuses on younger and older individuals. 2. **Disability** – A physical or mental impairment with a substantial and long-term adverse effect on normal day-to-day activities. 3. **Gender reassignment** – Applies to individuals who are proposing to undergo, are undergoing, or have undergone a process to reassign their sex. 4. **Marriage and civil partnership** – Protects those who are married or in a civil partnership (but not single people or those in other relationships). 5. **Pregnancy and maternity** – Covers pregnancy itself and related maternity leave or conditions. 6. **Race** – Includes color, nationality, ethnic or national origins. 7. **Religion or belief** – Encompasses any religion, religious belief, or lack of religion/belief (including atheism). 8. **Sex** – Refers to being a man or a woman (biological sex; gender identity is covered under gender reassignment). 9. **Sexual orientation** – Being heterosexual, homosexual, or bisexual. These characteristics form the basis for direct and indirect discrimination claims, with specific provisions for each. ### Which Cannot Be Justified Under Any Circumstances? Under the Equality Act 2010, discrimination is broadly unlawful, but the Act allows for some "justifications" in limited scenarios, particularly for **indirect discrimination** (where a seemingly neutral policy disadvantages a group) or certain **objective justifications** in employment or services (e.g., occupational requirements). However, **direct discrimination** (treating someone less favorably because of a protected characteristic) is **never justifiable** for any of the nine characteristics. It is an absolute prohibition—no exceptions, defenses, or balancing tests apply. - **Direct discrimination cannot be justified under any circumstances** for *all nine protected characteristics*. This is explicitly stated in Section 13 of the Act: "A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others." There is no general justification clause for direct discrimination, unlike indirect discrimination (Section 19), which can sometimes be defended if the policy is a "proportionate means of achieving a legitimate aim." Exceptions are extremely narrow and not true "justifications" but specific statutory allowances, such as: - Positive action (e.g., encouraging underrepresented groups without disadvantaging others). - Occupational requirements (e.g., a role requiring a specific sex or religion, but only if proportionate). - But these do not permit direct discrimination based on the characteristic itself. For **harassment** (unwanted conduct related to a characteristic that violates dignity or creates a hostile environment) and **victimization** (retaliation for asserting rights), there are also no justifications. In summary, while indirect discrimination or certain actions might be justifiable in rare, proportionate cases (e.g., for age or disability in health/safety contexts), direct discrimination against any of the nine characteristics is unlawful and cannot be excused under any circumstances. For legal advice, consult a qualified professional or the Equality and Human Rights Commission (EHRC).

### The Nine Protected Characteristics under the Equality Act 2010 The Equality Act 2010 is the primary UK legislation that prohibits discrimination, harassment, and victimisation based on certain personal characteristics. It consolidates and harmonises previous anti-discrimination laws. The nine protected characteristics are: 1. **Age** – Applies to a person of a particular age or age group. 2. **Disability** – A physical or mental impairment that has a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities. 3. **Gender reassignment** – Applies to a person who is proposing to undergo, is undergoing, or has undergone a process to reassign their sex. 4. **Marriage and civil partnership** – Applies to a person who is married or in a civil partnership (but not to a single person or someone in a different type of relationship). 5. **Pregnancy and maternity** – Applies to a woman who is pregnant or on maternity leave. 6. **Race** – Includes colour, nationality, and ethnic or national origins. 7. **Religion or belief** – Applies to a person with a particular religion or belief (including lack of belief, such as atheism). 8. **Sex** – Refers to whether a person is a man or a woman (biological sex). 9. **Sexual orientation** – Applies to a person who is heterosexual, homosexual, or bisexual. These characteristics are protected in various contexts, including employment, education, housing, and the provision of goods and services. ### Which Cannot Be Justified Under Any Circumstances? Under the Equality Act 2010, discrimination can sometimes be justified if it is a "proportionate means of achieving a legitimate aim" (known as objective justification). However, this defence does not apply to **direct discrimination** based on certain protected characteristics. Direct discrimination occurs when someone is treated less favourably because of a protected characteristic (e.g., refusing a job to someone solely because of their race). The characteristics where **direct discrimination cannot be justified under any circumstances** are: - **Age** - **Disability** - **Gender reassignment** - **Race** - **Religion or belief** - **Sex** - **Sexual orientation** For these, direct discrimination is unlawful without exception—no justification defence is available. In contrast: - **Marriage and civil partnership**: Direct discrimination is only prohibited in employment (and related areas), and justification is not typically applicable here anyway due to the limited scope. - **Pregnancy and maternity**: This is treated as a form of direct sex discrimination, so it falls under the "sex" category and cannot be justified. There are also specific protections (e.g., no need to prove less favourable treatment compared to others). For **indirect discrimination** (which applies to all nine characteristics), a justification defence *is* available. Indirect discrimination occurs when a policy or practice that applies to everyone disadvantages people with a particular protected characteristic, unless it can be objectively justified. If you're dealing with a specific scenario, consulting the full Act or seeking legal advice from sources like the Equality and Human Rights Commission (EHRC) is recommended, as applications can vary by context (e.g., employment vs. services).