Act of Parliament | |||||
Long title | |||||
---|---|---|---|---|---|
| |||||
Citation | 2010 c. 15 | ||||
Introduced by | Harriet Harman | ||||
Territorial extent | England and Wales; Scotland; section 82, 105 (3) and (4) and 199 also apply to Northern Ireland | ||||
Dates | |||||
Royal assent | 8 April 2010 | ||||
Commencement | 1 October 2010 | ||||
Other legislation | |||||
Repeals/revokes | |||||
Amended by | Budget Responsibility and National Audit Act 2011 Charities Act 2011 Education Act 2011 Localism Act 2011 Police Reform and Social Responsibility Act 2011 Public Bodies Act 2011 Financial Services Act 2012 Health and Social Care Act 2012 Legal Aid, Sentencing and Punishment of Offenders Act 2012 Crime and Courts Act 2013 Energy Act 2013 Enterprise and Regulatory Reform Act 2013 Financial Services (Banking Reform) Act 2013 Justice and Security Act 2013 Marriage (Same Sex Couples) Act 2013 Mobile Homes (Wales) Act 2013 Public Audit (Wales) Act 2013 School Standards and Organisation (Wales) Act 2013 Anti-Social Behaviour, Crime and Policing Act 2014 Bishops and Priests (Consecration and Ordination of Women) Measure 2014 Care Act 2014 Children and Families Act 2014 Local Audit and Accountability Act 2014 Armed Forces (Service Complaints and Financial Assistance) Act 2015 Deregulation Act 2015 Qualifications Wales Act 2015 Cities and Local Government Devolution Act 2016 Scotland Act 2016 Bus Services Act 2017 Higher Education and Research Act 2017 National Citizen Service Act 2017 Policing and Crime Act 2017 Wales Act 2017 Additional Learning Needs and Education Tribunal (Wales) Act 2018 Gender Representation on Public Boards (Scotland) Act 2018 European Union (Withdrawal Agreement) Act 2020 Health and Social Care (Quality and Engagement) (Wales) Act 2020 Armed Forces Act 2021 Curriculum and Assessment (Wales) Act 2021 Environment Act 2021 Forensic Science Regulator Act 2021 Local Government and Elections (Wales) Act 2021 Medicines and Medical Devices Act 2021 Trade Act 2021 Advanced Research and Invention Agency Act 2022 Health and Care Act 2022 Nationality and Borders Act 2022 Taxis and Private Hire Vehicles (Disabled Persons) Act 2022 Finance (No. 2) Act 2023 Levelling-up and Regeneration Act 2023 Worker Protection (Amendment of Equality Act 2010) Act 2023 Media Act 2024 Victims and Prisoners Act 2024 | ||||
Status: Amended | |||||
Text of statute as originally enacted | |||||
Revised text of statute as amended |
Part of a series on |
LGBTQ rights in the United Kingdom |
---|
By location |
Policy aspects |
Legislation |
Culture |
Organisations |
History |
The Equality Act 2010 [1] (c. 15), often erroneously called the Equalities Act 2010, is an act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis of anti-discrimination law in mostly England, Scotland and Wales; some sections also apply to Northern Ireland. These consisted, primarily, of the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995 and three major statutory instruments protecting against discrimination in employment on grounds of religion or belief, sexual orientation and age. [2]
The act has broadly the same goals as the four major EU Equal Treatment Directives, whose provisions it mirrors and implements. [3] However, the Act also offers protection beyond the EU directives, protecting against discrimination based on a person's nationality and citizenship [4] [5] and also extending individuals' rights in areas of life beyond the workplace in religion or belief, disability, age, sex, sexual orientation and gender reassignment. [6] [7]
The act protects people against discrimination, harassment or victimisation in employment, and as users of private and public services based on nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. The Act includes provisions for single-sex services where the restrictions are "a proportionate means of achieving a legitimate aim". [8] In the case of disability, employers and service providers are under a duty to make reasonable adjustments to their workplaces to overcome barriers experienced by disabled people. In this regard, the Equality Act 2010 did not change the law. Under s.217, with limited exceptions the Act does not apply to Northern Ireland. [9]
The Labour Party included a commitment to an Equality Bill in its 2005 election manifesto. The Discrimination Law Review was established in 2005 to develop the legislation and was led by the Government Equalities Office. The review considered the findings of the Equalities Review Panel, chaired by Trevor Phillips, which reported in February 2007. [10] The Act is intended to simplify the law by bringing together existing anti-discrimination legislation. The Equality Act 2010 has replaced the Equal Pay Act 1970, Sex Discrimination Act 1975, Race Relations Act 1976, Disability Discrimination Act 1995, Employment Equality (Religion or Belief) Regulations 2003, Employment Equality (Sexual Orientation) Regulations 2003 [11] and the Employment Equality (Age) Regulations 2006.
Polly Toynbee wrote that the bill, which was drafted under the guidance of Harriet Harman, was "Labour's biggest idea for 11 years. A public-sector duty to close the gap between rich and poor will tackle the class divide in a way that no other policy has... This new duty to narrow the gap would permeate every aspect of government policy. Its possible ramifications are mind-bogglingly immense." One cabinet member described it as "socialism in one clause". [12] This part of the legislation was never brought into force, except for Scottish devolved authorities. [13] [14] Sections 104–105 of the Act extend until 2030 the exemption from sex discrimination law, which allows political parties to create all-women shortlists. [15] The exemption was previously permitted by the Sex Discrimination (Election Candidates) Act 2002.
The parliamentary process was completed, following a debate, shortly after 11 pm on 6 April 2010, when amendments by the House of Lords were accepted in full. [16]
In April 2008, Solicitor General Vera Baird announced that as part of the Single Equality Bill, legislation would be introduced to repeal parts of the Act of Settlement 1701 that prevent Roman Catholics or those who marry Roman Catholics from ascending to the throne, and to change the inheritance of the monarchy from cognatic primogeniture to absolute primogeniture, so that the first-born heir would inherit the throne regardless of gender or religion. [17]
However, later in 2008, the Attorney General Baroness Scotland of Asthal decided not to sponsor a change in the law of succession, saying, "To bring about changes to the law on succession would be a complex undertaking involving amendment or repeal of a number of items of related legislation, as well as requiring the consent of legislatures of member nations of the Commonwealth". [18] The published draft bill did not contain any provisions to change the succession laws. Male-preference primogeniture for the British monarchy was instead abolished separately three years after the Equality Act came into force, with the enactment of the Succession to the Crown Act 2013.
Although the act was never going to change the law with regard to churches from its existing position, nor change the binding European Union law which covers many more Roman Catholics than those living in the United Kingdom, and although the position had been spelled out in the High Court in R (Amicus) v Secretary of State for Trade and Industry , [19] a small number of Roman Catholic bishops in England and Wales made claims that they might in future be prosecuted under the Equality Act 2010 for refusing to allow women, married men, transgender people, and gay people into the priesthood. [20] [21] This claim was rejected by the government. A spokesman said an exemption in the law "covers ministers of religion such as Catholic priests" [20] and a document released by the Government Equalities Office states that "the Equality Bill will not change the existing legal position regarding churches and employment". [22] The legislation was also criticised by Anglican clergy. [23]
This section needs additional citations for verification .(December 2017) |
Certain employment is exempted from the Act, including:
The duty set out in section 149 requires those public authorities which are subject to it to have due regard to three aims:
The Cabinet Office's Information Note 1/13, "Public Procurement and the Public Sector Equality Duty", noted that public authorities needed to have due regard to this duty when planning and undertaking procurement activities, stating in particular that when contracting out public functions, it would be usual to include contract conditions which specified how equality obligations and objectives were to be complied with. [39]
The Equality Act 2010 (Specific Duties) Regulations 2011 (SI 2011–2260), made on 9 September 2011, [40] required public authorities to publish information to demonstrate their compliance with the public sector equality duty and to identify one or more objectives which they thought they should work to achieve. [41]
This section needs expansion. You can help by adding to it. (August 2021) |
In 2020, certain groups attempted to legally challenge the EHRC's Code of Practice on "Services, Public Functions and Associations", which attempts to provide practical guidance on implementing the Equality Act, concerning the advice that service providers should in general treat trans people as their acquired gender. The challenge failed to get a hearing before the High Court of Justice, because the justice did not consider the case to be arguable. [42]
The Civil Rights Act of 1964 is a landmark civil rights and labor law in the United States that outlaws discrimination based on race, color, religion, sex, and national origin. It prohibits unequal application of voter registration requirements, racial segregation in schools and public accommodations, and employment discrimination. The act "remains one of the most significant legislative achievements in American history".
The Disability Discrimination Act 1995 is an Act of the Parliament of the United Kingdom which has now been repealed and replaced by the Equality Act 2010, except in Northern Ireland where the Act still applies. Formerly, it made it unlawful to discriminate against people in respect of their disabilities in relation to employment, the provision of goods and services, education and transport.
The Human Rights Code is a statute in the Canadian province of Ontario that guarantees equality before the law and prohibits discrimination in specific social areas such as housing or employment. The code's goal specifically prohibits discrimination based on race, colour, gender identity or expression, sex, sexual orientation, disability, creed, age and other grounds. The code is administered by the Ontario Human Rights Commission and enforced by the Human Rights Tribunal of Ontario.
Anti-discrimination law or non-discrimination law refers to legislation designed to prevent discrimination against particular groups of people; these groups are often referred to as protected groups or protected classes. Anti-discrimination laws vary by jurisdiction with regard to the types of discrimination that are prohibited, and also the groups that are protected by that legislation. Commonly, these types of legislation are designed to prevent discrimination in employment, housing, education, and other areas of social life, such as public accommodations. Anti-discrimination law may include protections for groups based on sex, age, race, ethnicity, nationality, disability, mental illness or ability, sexual orientation, gender, gender identity/expression, sex characteristics, religion, creed, or individual political opinions.
Canadian lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights are some of the most extensive in the world. Same-sex sexual activity, in private between consenting adults, was decriminalized in Canada on June 27, 1969, when the Criminal Law Amendment Act, 1968–69 was brought into force upon royal assent. In a landmark decision in 1995, Egan v Canada, the Supreme Court of Canada held that sexual orientation is constitutionally protected under the equality clause of the Canadian Charter of Rights and Freedoms. In 2005, Canada became the fourth country in the world, and the first in the Americas to legalize same-sex marriage. In 2022, Canada was the third country in the world, and the first in North America, to fully ban conversion therapy nationwide for both minors and adults.
The rights of lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the United Kingdom of Great Britain and Northern Ireland have developed significantly over time. Today, lesbian, gay and bisexual rights are considered to be advanced by international standards.
United Kingdom employment equality law is a body of law which legislates against prejudice-based actions in the workplace. As an integral part of UK labour law it is unlawful to discriminate against a person because they have one of the "protected characteristics", which are, age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, pregnancy and maternity, and sexual orientation. The primary legislation is the Equality Act 2010, which outlaws discrimination in access to education, public services, private goods and services, transport or premises in addition to employment. This follows three major European Union Directives, and is supplement by other Acts like the Protection from Harassment Act 1997. Furthermore, discrimination on the grounds of work status, as a part-time worker, fixed term employee, agency worker or union membership is banned as a result of a combination of statutory instruments and the Trade Union and Labour Relations (Consolidation) Act 1992, again following European law. Disputes are typically resolved in the workplace in consultation with an employer or trade union, or with advice from a solicitor, ACAS or the Citizens Advice Bureau a claim may be brought in an employment tribunal. The Equality Act 2006 established the Equality and Human Rights Commission, a body designed to strengthen enforcement of equality laws.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in the British Crown dependency of the Isle of Man have evolved substantially since the early 2000s. Private and consensual acts of male homosexuality on the island were decriminalised in 1992. LGBTQ rights have been extended and recognised in law since then, such as an equal age of consent (2006), employment protection from discrimination (2006), gender identity recognition (2009), the right to enter into a civil partnership (2011), the right to adopt children (2011) and the right to enter into a civil marriage (2016).
The Equality Act 2006 is an Act of the Parliament of the United Kingdom covering the United Kingdom. The 2006 Act is a precursor to the Equality Act 2010, which combines all of the equality enactments within Great Britain and provide comparable protections across all equality strands. Those explicitly mentioned by the Equality Act 2006 include age; disability; sex; proposed, commenced or completed gender reassignment; race; religion or belief and sexual orientation. The changes it made were:
The Employment Equality Regulations 2003 were secondary legislation in the United Kingdom, which prohibited employers unreasonably discriminating against employees on grounds of sexual orientation, perceived sexual orientation, religion or belief and age.
The Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 is a comprehensive South African anti-discrimination law. It prohibits unfair discrimination by the government and by private organisations and individuals and forbids hate speech and harassment. The act specifically lists race, gender, sex, pregnancy, family responsibility or status, marital status, ethnic or social origin, HIV/AIDS status, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth as "prohibited grounds" for discrimination, but also contains criteria that courts may apply to determine which other characteristics are prohibited grounds. Employment discrimination is excluded from the ambit of the act because it is addressed by the Employment Equity Act, 1998. The act establishes the divisions of the High Court and designated Magistrates' Courts as "Equality Courts" to hear complaints of discrimination, hate speech and harassment.
The Equality Commission for Northern Ireland is a non-departmental public body in Northern Ireland established under the Northern Ireland Act 1998. "The Commission is responsible for implementing the legislation on sex discrimination and equal pay, race relations, sexual orientation, age, religious or similar philosophical belief, political opinion and disability. The Commission’s remit also includes overseeing the statutory duties on public authorities to promote equality of opportunity and good relations under Section 75 of the Northern Ireland Act 1998."
The Equality Act 2006 was complemented with specific duties later on. The general Equality Duty states that people should not be discriminated according to their age, race, gender, religion, disability and sexual orientation and required public bodies to take seriously threats of harassment or discrimination on the grounds of gender reassignment.
Equality and diversity is a term used in the United Kingdom to define and champion equality, diversity and human rights as defining values of society. It promotes equality of opportunity for all, giving every individual the chance to achieve their potential, free from prejudice and discrimination.
A protected group, protected class (US), or prohibited ground (Canada) is a category by which people are qualified for special protection by a law, policy, or similar authority. In Canada and the United States, the term is frequently used in connection with employees and employment and housing. Where illegal discrimination on the basis of protected group status is concerned, a single act of discrimination may be based on more than one protected class. For example, discrimination based on antisemitism may relate to religion, ethnicity, national origin, or any combination of the three; discrimination against a pregnant woman might be based on sex, marital status, or both.
The Sex Discrimination Act 1984 is an Act of the Parliament of Australia which prohibits discrimination on the basis of mainly sexism, homophobia, transphobia and biphobia, but also sex, marital or relationship status, actual or potential pregnancy, sexual orientation, gender identity, intersex status or breastfeeding in a range of areas of public life. These areas include work, accommodation, education, the provision of goods, facilities and services, the activities of clubs and the administration of Commonwealth laws and programs. The Australian Human Rights Commission investigates alleged breaches of the Act. The office of Sex Discrimination Commissioner, created in 1984 alongside the Act, is a specialist commissioner within the AHRC.
In the U.S. Virgin Islands, Lesbian, gay, bisexual, and transgender (LGBT) rights have evolved substantially in recent years. Same-sex sexual activity has been legal since 1985. The region also provides explicit legal protections against discrimination for LGBTQ residents since December 2022. Following the Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015, which found the denial of marriage rights to same-sex couples unconstitutional, same-sex marriage became legal in the islands.
Arnold Schwarzenegger was an early opponent of same-sex marriage in the United States, including during his Governorship of California. As an elected official he opposed legal recognition of same-sex marriage but otherwise he supported LGBT rights legislation, including civil unions.