Plaintiffs, employees and former employees are also protected from reprisal (punishment) if they lay a charge or complaint of discrimination, participate in a discrimination investigation or trial, or oppose discrimination (e.g., threaten to lay a charge or complaint of discrimination). Which of the following is not a protected characteristic under the Gender Equality Act 2010? Employers can ensure that all employees are treated fairly throughout the life cycle of their employment, including: Protected traits are aspects of a person`s identity that make them who they are. Everyone has at least some of the nine traits protected, so it`s important that you, as the employer, ensure that an employee is not treated less favorably because of their work. The Equality Act 2010 states that workers who have long-term mental or physical impairments that interfere with their daily activities are protected by the protected characteristic of disability. Examples include autism, cancer, multiple sclerosis, and cerebral palsy, to name a few. As an employer, you have a duty to make appropriate adjustments for your employees with disabilities so that they can do their jobs effectively. Could your employee work in a less customer-centric role? Can you provide additional equipment to assist your staff with disabilities? Do you visit your employees with disabilities more regularly? Are you providing more training to your employees with disabilities when they need it? For more information on what you can do to support your employees with disabilities, check out our guide to creating a more inclusive workplace for your employees with disabilities here. In rare cases, an employer can prove that a candidate needs a specific protected trait to perform a particular job. This is called an “occupational requirement.” However, the protected characteristic must be essential and relate to the primary duties of the workplace and the employer must be able to demonstrate a good professional reason for doing so. For example, an employer may justify an upper age limit for a job that requires a high level of fitness and agility, or it may justify employing women only in a medical center for Muslim women.

Pregnancy is the condition of being pregnant or expecting a baby. Maternity refers to the period following birth and is associated with maternity leave in the context of employment. In a non-occupational context, protection against discrimination on the basis of maternity applies for 26 weeks after birth, which includes unfavourable treatment of a woman because she is breastfeeding. This protected characteristic is intended to prevent discrimination against a worker on the basis of sex. Examples of gender discrimination include: A policy or practice that applies equally to everyone, but is more difficult for people with a particular protected characteristic to comply with and cannot be justified, is: We also look at the limited circumstances in which discrimination can be interpreted as lawful and the ways in which employers can reduce the risk of illegal conduct in the workplace. As an employer, you have a legal responsibility to ensure that you comply with the Equality Act, from hiring to terminating an employee`s contract. Neglecting your responsibilities can have huge consequences for your business, so it`s important that you understand what traits are protected and how you can avoid discrimination. To ensure that you are doing everything in your power to prevent discrimination in your workplace, our employment law experts have expanded each protected characteristic so that you have a comprehensive understanding of what the Equality Act 2010 covers. You don`t have to spend hours searching online for a California labor lawyer in your area.

Minnis and Smallets is a California-based labor law firm that protects workers` right to be free from discrimination in the workplace. Contact us today to schedule a consultation with an experienced California employment lawyer. Originally, various laws protected individuals from discrimination on the basis of various characteristics of their identity – including the Sex Discrimination Act 1975, the Race Relations Act 1976 and the Disability Discrimination Act 1995, to name but a few. If a person is treated directly or indirectly unfairly in one of these areas of employment, the employer may be sued for unlawful discrimination. The right not to be discriminated against in the workplace is a right that arises even before employment. Similarly, any decision to dismiss a worker on the basis of a protected characteristic may automatically be regarded as unfair. This means that the employee does not need 2 years of service to be entitled to unfair dismissal. Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against an employee on the basis of race, color, religion, and national origin. Many of them overlap: for example, if a foreign worker is discriminated against, they may not know if it is specifically because of their country of origin or the color of their skin. Both properties are protected.

An experienced labour lawyer knows how best to prove unlawful discrimination. Under the Equality Act 2010, all employers are required by law not to discriminate, directly or indirectly, against persons who possess a protected characteristic. These are essentially aspects of a person`s identity that make them who they are. It is also important to keep in mind – especially in the context of possible harassment and victimization complaints – that an employer can not only be held liable for its own discriminatory behaviour, but can also be held liable for the illegal behaviour of its employees. Indeed, according to the provisions of the 2010 Act, any act performed by another person in the course of his employment must be treated as done by the employer.