Round #973

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 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 ones cannot be justified under any circumstances? Under the Equality Act 2010, **direct discrimination** is generally unlawful and cannot be justified, **except** in very limited circumstances (such as age, where direct discrimination can sometimes be justified if it is a proportionate means of achieving a legitimate aim). However, **direct discrimination** on the following characteristics **cannot be justified under any circumstances**: - **Race** - **Sex** - **Disability** - **Gender reassignment** - **Pregnancy and maternity** - **Sexual orientation** **Direct discrimination** on the grounds of **age** can be justified if it is a proportionate means of achieving a legitimate aim. For **religion or belief** and **marriage and civil partnership**, there are also some exceptions and specific rules. **Summary Table:** | Protected Characteristic | Can direct discrimination ever be justified? | |------------------------------|:--------------------------------------------:| | Age | Yes (in limited circumstances) | | Disability | No | | Gender reassignment | No | | Marriage and civil partnership| No (except for work-related direct discrimination)| | Pregnancy and maternity | No | | Race | No | | Religion or belief | No (with some exceptions) | | Sex | No | | Sexual orientation | No | **In short:** **Direct discrimination** on the grounds of **race, sex, disability, gender reassignment, pregnancy and maternity, and sexual orientation** can **never be justified** under the Equality Act 2010. Only **age** discrimination can sometimes be justified.

The nine protected characteristics under the Equality Act 2010 are: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Direct discrimination cannot be justified under any circumstances for all except age, where it can be justified if it is a proportionate means of achieving a legitimate aim.