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.
UK legislation requires public authorities to promote equality in everything that they do, also making sure that other organisations meet their legal duties to promote equality while also doing so themselves.
In the UK under the Equality Act 2010 there are certain legal requirements under existing legislation to promote equality in the areas of nine protected characteristics. These are often collectively referred to as the general duties to promote equality.
As the independent advocate for equality and human rights in Britain, a Commission of Equality and Human Rights (EHRC) exists that aims to reduce inequality, eliminate discrimination, strengthen good relations between people and promote and protect human rights. EHRC has a duty to challenge prejudice and disadvantage and promote the importance of human rights, enforcing equality laws on age, disability, sex, gender reassignment, race, religion or belief and sexual orientation and encourage compliance with the Human Rights Act.
The requirements to eliminate unlawful sex discrimination and harassment also include discrimination and harassment on the basis of gender reassignment.
It follows that:
Age
It is unlawful for age to be the cause of less favourable treatment in a workplace or in vocational training, unless there is an objective justification for doing so.Where this is referred to, it refers to a person belonging to a particular age (e.g. 32 year olds) or range of ages (e.g. 18 - 30 year olds).
Disability
If one has a physical or mental impairment, that person has specific rights that protect them against discrimination. Employers and service providers are obliged to make relevant adjustments. Under certain circumstances this protection also extends to their carers [ permanent dead link ] A person has a disability if s/he has a physical or mental impairment which has a substantial and long-term adverse effect on that person's ability to carry out normal day-to-day activities.
Gender reassignment
The process of transitioning from one gender to another.
Marriage and civil partnership
Marriage is defined as a 'union between a man and a woman'. Same-sex couples can have their relationships legally recognised as 'civil partnerships'. Civil partners must be treated the same as married couples on a wide range of legal matters.
Pregnancy and maternity
Pregnancy is the condition of being pregnant or expecting a baby. Maternity refers to the period after the birth, and is linked to maternity leave in the employment context. In the non-work context, protection against maternity discrimination is for 26 weeks after giving birth, and this includes treating a woman unfavourably because she is breastfeeding.
Race
Refers to the protected characteristic of Race. It refers to a group of people defined by their race, colour, and nationality (including citizenship) ethnic or national origins.Wherever one was born, wherever their parents came from, whatever the colour of their skin, they have a right to be treated fairly and be protected against racial discrimination and prejudice.
Religion and belief
Religion has the meaning usually given to it but belief includes religious and philosophical beliefs including lack of belief (e.g. Atheism). Generally, a belief should affect your life choices or the way you live for it to be included in the definition.Religion or belief should not interfere with anybody’s right to be treated fairly at work, at school, in shops or while accessing public services such as health care and housing.
Sexual orientation
Whether a person's sexual attraction is towards their own sex, the opposite sex or to both sexes.Whether one is straight, gay, lesbian or bisexual should not put them at a disadvantage. The law protects the citizen against discrimination in the workplace, including harassment, on grounds of sexual orientation.
You can see a more in-depth definition of these protected characteristics on the Office of Public Sector Information website.
Discrimination is the process of making unfair or prejudicial distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong, such as race, gender, age, species, religion, physical attractiveness or sexual orientation. Discrimination typically leads to groups being unfairly treated on the basis of perceived statuses based on ethnic, racial, gender or religious categories. It involves depriving members of one group of opportunities or privileges that are available to members of another group.
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 Sex Discrimination Act 1975 was an Act of the Parliament of the United Kingdom which protected men and women from discrimination on the grounds of sex or marital status. The Act concerned employment, training, education, harassment, the provision of goods and services, and the disposal of premises.
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.
The Human Rights Act 1993 is an Act of the Parliament of New Zealand that deals with discrimination. It was a consolidation and amendment of the Race Relations Act 1971 and the Human Rights Commission Act 1977. It came into force on 1 February 1994. The Act governs the work of the New Zealand Human Rights Commission.
The Equality and Human Rights Commission (EHRC) is a non-departmental public body in Great Britain, established by the Equality Act 2006 with effect from 1 October 2007. The Commission has responsibility for the promotion and enforcement of equality and non-discrimination laws in England, Scotland and Wales. It took over the responsibilities of the Commission for Racial Equality, the Equal Opportunities Commission and the Disability Rights Commission. The EHRC also has responsibility for other aspects of equality law: age, sexual orientation and religion or belief. A national human rights institution, it seeks to promote and protect human rights throughout Great Britain.
Employment discrimination law in the United States derives from the common law, and is codified in numerous state, federal, and local laws. These laws prohibit discrimination based on certain characteristics or "protected categories". The United States Constitution also prohibits discrimination by federal and state governments against their public employees. Discrimination in the private sector is not directly constrained by the Constitution, but has become subject to a growing body of federal and state law, including the Title VII of the Civil Rights Act of 1964. Federal law prohibits discrimination in a number of areas, including recruiting, hiring, job evaluations, promotion policies, training, compensation and disciplinary action. State laws often extend protection to additional categories or employers.
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.
The Race Equality Directive 2000/43/EC is a legal act of the European Union, concerning European labour law. It implements the principle of equal treatment between persons irrespective of racial or ethnic group. Since the Treaty of Amsterdam came into force in 1999, new EC laws, or Directives, have been enacted in the area of anti-discrimination, and this directive complements other directives on gender and age, disability, religion and sexual orientation.
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 Equality Act 2010, 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.
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."
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.
An equality impact assessment (EqIA) is a process designed to ensure that a policy, project or scheme does not unlawfully discriminate against any protected characteristic.
Section Nine of the Constitution of South Africa guarantees equality before the law and freedom from discrimination to the people of South Africa. This equality right is the first right listed in the Bill of Rights. It prohibits both discrimination by the government and discrimination by private persons; however, it also allows for affirmative action to be taken to redress past unfair discrimination.
The Human Rights Commission of Austin (Texas) was established on October 5, 1967, by the City of Austin Ordinance 671005-B. The current version of the ordinance can be found at Section 2-1-148 of The Code of the City of Austin, Texas.
Hate speech is public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation. Hate speech is "usually thought to include communications of animosity or disparagement of an individual or a group on account of a group characteristic such as race, colour, national origin, sex, disability, religion, or sexual orientation".