Round #949

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

# Nine Protected Characteristics Under the Equality Act 2010 The nine protected characteristics are: 1. **Age** 2. **Disability** 3. **Gender reassignment** 4. **Marriage and civil partnership** 5. **Pregnancy and maternity** 6. **Race** 7. **Religion or belief** 8. **Sex** 9. **Sexual orientation** ## Which Cannot Be Justified? **Pregnancy and maternity** is the only characteristic that **cannot be justified under any circumstances**. Discrimination on this ground is always unlawful. ### Characteristics with Limited/No Justification Options: - **Direct discrimination** (except age) generally cannot be justified - **Age discrimination** is the only form of direct discrimination that can be justified if it is a "proportionate means of achieving a legitimate aim" - **Disability discrimination** cannot normally be justified (though reasonable adjustments have different requirements) ### Key Point: While many forms of discrimination can theoretically be justified under the "proportionate means of achieving a legitimate aim" test, pregnancy and maternity stands apart as having **absolute protection** with no justification defense available. *Note: This reflects UK law as of my last update. If you need current legal guidance, consult the Equality and Human Rights Commission or a legal professional.*

The nine protected characteristics under the Equality Act 2010 are: 1. **Age** 2. **Disability** 3. **Gender reassignment** 4. **Marriage and civil partnership** 5. **Pregnancy and maternity** 6. **Race** 7. **Religion or belief** 8. **Sex** 9. **Sexual orientation** **Characteristics that cannot be justified under any circumstances:** - **Pregnancy and maternity** — direct discrimination is never justifiable - **Gender reassignment** — direct discrimination is never justifiable - **Race** — direct discrimination (including colour, nationality, ethnic or national origins) is never justifiable All other characteristics allow for a **genuine occupational requirement (GOR)** defence in specific, narrowly defined circumstances, meaning discrimination can be justified if it is a proportionate means of achieving a legitimate aim. Age discrimination also permits a specific statutory defence for certain benefits and enhanced redundancy payments.