How do you identify protected characteristics?

Contents show

What do you mean by protected characteristics?

Having a protected characteristic means you have a right not to be treated less favourably, or subjected to an unfair disadvantage, by reason of that characteristic, for example, because of your age, race, religion, sex or sexual orientation.

What characteristics are protected by the law?

These are called protected characteristics.

It is against the law to discriminate against someone because of:

  • age.
  • disability.
  • gender reassignment.
  • marriage and civil partnership.
  • pregnancy and maternity.
  • race.
  • religion or belief.
  • sex.

Why is knowledge of protected characteristics important?

Understanding what the protected characteristics are is important because any discriminatory or harassing behaviour is only unlawful if it is related to a relevant protected characteristic. The definition of protected characteristics is found in section 4 of the Equality Act 2010 (the Act).

Does everyone have a protected characteristic?

Protected characteristics are aspects of a person’s identity that makes them who they are. Everyone has at least of few of the nine protected characteristics, so as an employer, it’s important you make sure an employee isn’t treated less favourably because of theirs.

What are the 9 protected characteristics covered by the Equality Act?

Under the Equality Act, there are nine protected characteristics:

  • age.
  • disability.
  • gender reassignment.
  • marriage and civil partnership.
  • pregnancy and maternity.
  • race.
  • religion or belief.
  • sex.

What characteristics are protected by the Equality Act?

4The protected characteristics

  • age;
  • disability;
  • gender reassignment;
  • marriage and civil partnership;
  • pregnancy and maternity;
  • race;
  • religion or belief;
  • sex;

Is mental health a protected characteristic?

‘Protected characteristics’ is the name for the nine personal characteristics that are protected from discrimination under the Equality Act. They are: age. disability (this can include mental health problems)

IT IS INTERESTING:  What is copyright protection How it works?

Is a disability a protected characteristic?

Disability is one of 9 ‘protected characteristics’ covered by discrimination law (Equality Act 2010). The law protects people against discrimination, harassment and victimisation at work.

What are the 4 main types of discrimination?

The 4 types of Discrimination

  • Direct discrimination.
  • Indirect discrimination.
  • Harassment.
  • Victimisation.

Is being a parent a protected characteristic?

Is parenting and caring a protected characteristic? Parenting and caring is not a protected characteristic, but you may be able to rely on sex, pregnancy and maternity or disability discrimination.

Is class a protected characteristic?

Under the Equality Act 2010, social class is not a protected characteristic – it does not share the protection of race, sex, religion or any other of the nine protected characteristics.

How does the Equality Act relate to safeguarding?

The Equality Act 2010 legally protects people from discrimination in the workplace and in wider society. It replaced previous anti-discrimination laws with a single Act, making the law easier to understand and strengthening protection in some situations.

What are the 3 types of discrimination?

Race, Color, and Sex

Color discrimination can occur within the same ethnic group. So does that mean that individuals of the same race can discriminate against another because of different skin pigmentation?

Is hair a protected characteristic?

Section 9 of the Equality Act 2010 needs to be updated to explicitly include hair texture and hairstyles as a protected feature of race. This update will help protect individuals from discrimination for wearing their natural hair and reduce systemic racism in schools and in the workplace.

What are the characteristics of Equality?

Thus Equality stands for 3 Basic Features:

(a) Absence of special privileges in society. (b) Presence of adequate and equal opportunities for development for all. (c) Equal satisfaction of basic needs of all.

How do you break down barriers and promote inclusion?

How to promote inclusion and diversity in the workplace

  1. Find the common ground. It’s human nature to be more drawn to those who are similar to us, and distrustful of those who are not.
  2. Pop your filter bubble.
  3. Make it ok to speak up.
  4. Keep your door open.
  5. Overcome your triggers.

What Behaviours support equality diversity and inclusion in the workplace?

Ways to promote diversity, equity, and inclusion in the workplace

  • Be aware of unconscious bias.
  • Communicate the importance of managing bias.
  • Promote pay equity.
  • Develop a strategic training program.
  • Acknowledge holidays of all cultures.
  • Make it easy for your people to participate in employee resource groups.
  • Mix up your teams.

Is anxiety a protected disability?

It is a protected diagnosis under federal law. The Americans with Disabilities Act (ADA) protects chronic conditions that limit “bodily function.” Because anxiety alters the body’s functions of thinking and concentrating, it is covered as a disability in most cases.

Can you get PIP for anxiety?

PIP is not awarded on your physical or mental health condition. It’s based on the level of help you need because of your condition.

Can my employer ignore occupational health advice?

Can your employer ignore advice from my GP or occupational health about reasonable adjustments? Your employer should consider any advice from your GP or occupational health as to the adjustments which would be necessary to address the disadvantage you have.

IT IS INTERESTING:  What is the key legislation relating to child protection?

Does anxiety count as a disability UK?

A mental health condition is considered a disability if it has a long-term effect on your normal day-to-day activity. This is defined under the Equality Act 2010. Your condition is ‘long term’ if it lasts, or is likely to last, 12 months.

How do you prove discrimination?

To make a claim for discrimination you must show that you suffered an adverse employment action, such as demotion, termination, or failure to hire, because you are a member of protected class, i.e. due to your age, sex, race, disability, religion, sexual orientation, familial status, and a few other classifications.

What is indirect harassment?

Indirect sexual harassment occurs when a secondary victim has been offended by the verbal or visual sexual misconduct of another.

Is victimisation a form of harassment?

The main difference between harassment and victimisation is that harassment is the intentional act of annoying, threatening, intimidating, or causing fear in another person while victimisation happens when someone receives less favourable treatment because he/she helped someone who was being harassed or because she/he …

What is an example of victimisation?

You make a complaint of sex discrimination against your employer. As a result, you’re denied a promotion. This is victimisation and you can take action against your employer under the Equality Act. You’ve suffered a detriment as you didn’t get promoted.

What are examples of indirect discrimination?

For example, if you’re Jewish and observe the Sabbath, you can’t work on Saturdays. It doesn’t matter that there aren’t any other Jewish people who work in the same shop. It can still be indirect discrimination if something would normally disadvantage people sharing your characteristic.

What are the responsibilities of the employee under the Equality Act?

Employees’ Duties

Employees have a duty not to discriminate against any of their colleagues because of any of the protected characteristics. Employees who nevertheless perpetrate acts of discrimination may be ordered by an employment tribunal personally to pay compensation to their victims.

What are examples of protected class?

Protected Classes

  • Race.
  • Color.
  • Religion (includes religious dress and grooming practices)
  • Sex/gender (includes pregnancy, childbirth, breastfeeding and/ or related medical conditions)
  • Gender identity, gender expression.
  • Sexual orientation.
  • Marital status.

Which groups are protected by law?

Protected classes are created by both federal and state law.

Federal protected classes include:

  • Race.
  • Color.
  • Religion or creed.
  • National origin or ancestry.
  • Sex (including gender, pregnancy, sexual orientation, and gender identity).
  • Age.
  • Physical or mental disability.
  • Veteran status.

What are the 6 principles of safeguarding?

What are the six principles of safeguarding?

  • Empowerment. People being supported and encouraged to make their own decisions and informed consent.
  • Prevention. It is better to take action before harm occurs.
  • Proportionality. The least intrusive response appropriate to the risk presented.
  • Protection.
  • Partnership.
  • Accountability.

What level of risk is a priority 4?

Risk Priority Number (RPN)

Severity of event (S) Ranking Probability of event (P)
High 7
Moderate 6 Moderate: Occasional events
Low 5
Very low 4

Is harassment a discrimination?

If someone harassed you because of the protected characteristic of a person you know, it’s also discrimination.

What is an example of positive discrimination?

This is a form of discrimination that favours someone by treating them differently in a positive way. An example might be an organisation appointing someone from an underrepresented group into a role without considering whether they have right skills for the post.

IT IS INTERESTING:  What is a safeguarding practitioner?

How do you spot discrimination in the workplace?

Here are a few subtle signs of discrimination in the workplace.

  1. Asking Inappropriate Personal Questions. You expect potential employers to ask questions about you to get to know you better during the interview process.
  2. Lack of Diversity.
  3. Gendered Roles and Duties.
  4. Offensive Comments, Jokes, and Other Forms of Communication.

What are three examples of actions that could be considered discrimination in a workplace?

Examples Discrimination in the Workplace

  • Not getting hired.
  • Being passed over for a promotion.
  • Enduring inappropriate comments.
  • Getting fired because of your status as a member of a protected class.
  • Denying an employee certain compensation or benefits.
  • Denying disability leave, retirement options, or maternity leave.

Is mental health a protected characteristic?

‘Protected characteristics’ is the name for the nine personal characteristics that are protected from discrimination under the Equality Act. They are: age. disability (this can include mental health problems)

How many protected characteristics are there?

There are nine protected characteristics in the Equality Act. Discrimination which happens because of one or more of these characteristics is unlawful under the Act. We all have some of these characteristics – for example, sex or age – so the Act protects everyone from discrimination.

What are the 9 protected characteristics in the UK?

Under the Equality Act, there are nine protected characteristics:

  • age.
  • disability.
  • gender reassignment.
  • marriage and civil partnership.
  • pregnancy and maternity.
  • race.
  • religion or belief.
  • sex.

What characteristics are not protected under the Equality Act?

It is against the law to discriminate against anyone because of:

  • age.
  • gender reassignment.
  • being married or in a civil partnership.
  • being pregnant or on maternity leave.
  • disability.
  • race including colour, nationality, ethnic or national origin.
  • religion or belief.
  • sex.

What are equality 5 examples?

15 Examples of Equality in Society

  • #1. Racial equality.
  • #2. Gender equality.
  • #3. LGBTQ+ equality.
  • #4. Marriage equality.
  • #5. Equality for disabled people.
  • #6. Income equality.
  • #7. Equal employment access.
  • #8. Religious equality.

What is a real life example of equality?

It’s a way in which equality is achieved. For example, the Americans with Disabilities Act (ADA) was written so that people with disabilities are ensured equal access to public places. For example, it means that public restrooms need to have ramps so that people in wheelchairs can enter.

How do you demonstrate inclusion and diversity?

Photos courtesy of the individual members.

  1. Make It A Continuous Process.
  2. Hire Leaders Who Understand The Importance Of These Values.
  3. Always Keep An Open Mind.
  4. Help Employees Feel Comfortable Expressing Themselves.
  5. Invite Diversity Of Discussion.
  6. Have A Safe Space For People’s Beliefs.
  7. Create Flexible Mandatory Holidays.

What are the most common barriers to inclusion?

Top Five Barriers to Inclusion

  1. Informal Mentoring. Formal mentoring pairs often have the best intentions, however, they rely on trust and shared interest being manufactured.
  2. Recovering from Mistakes.
  3. Bullying.
  4. Insensitivity.
  5. Perceived Underperformance.

How do you demonstrate diversity in the workplace?

Strategies to Promote Inclusiveness

  1. Acknowledge Differences.
  2. Offer Implicit Bias Training — for Everyone.
  3. Provide Mentors.
  4. Let People Learn by Doing.
  5. Encourage Personal Evaluation.
  6. Ask Questions.
  7. Value All Diversity.

How do you prove disability for anxiety?

HOW CAN I PROVE THAT I QUALIFY FOR DISABILITY? If you apply for disability benefits under Anxiety-Related Disorders, you can prove your case through medical records, letters and reports from your doctor, and your own testimony.