평등·차별금지법
보호 특성에 기반한 차별 금지 보호.
소개
The Equality Act 2010 consolidated and replaced previous anti-discrimination legislation, providing a single legal framework for protection against discrimination, harassment, and victimisation. It identifies nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. The Act applies to employment, services, education, housing, and public functions. The Equality and Human Rights Commission (EHRC) enforces the Act.
핵심 원칙
Protected Characteristics — Nine grounds: age, disability, gender reassignment, marriage/civil partnership, pregnancy/maternity, race, religion/belief, sex, sexual orientation.
Direct Discrimination — Treating someone less favourably because of a protected characteristic (s.13).
Indirect Discrimination — Applying a provision, criterion, or practice that disadvantages a group sharing a protected characteristic, unless objectively justified (s.19).
Harassment — Unwanted conduct related to a protected characteristic that violates dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment (s.26).
Victimisation — Subjecting someone to a detriment because they have made or supported a complaint under the Act (s.27).
Reasonable Adjustments — Employers and service providers must make reasonable adjustments for disabled persons (ss.20-21).
Public Sector Equality Duty — Public bodies must have due regard to eliminating discrimination, advancing equality, and fostering good relations (s.149).
Positive Action — Permitted measures to address disadvantage or under-representation (s.158).
핵심 법령
Equality Act 2010
Human Rights Act 1998
주요 판례
Essop v Home Office
[2017] UKSC 27
Preddy v Bull
[2013] UKSC 73
Archibald v Fife Council
[2004] UKHL 32
일반적인 시나리오
Refused a job because of age
Direct age discrimination under s.13 of the Equality Act 2010. File a claim at the Employment Tribunal within 3 months (less one day) of the act complained of, after early conciliation via ACAS.
Employer fails to provide wheelchair access
Failure to make reasonable adjustments under ss.20-21. The duty is anticipatory for service providers and reactive for employers.