Discrimination and protected characteristics at work


So direct discrimination is where
somebody receives unfavorable treatment because of their protected
characteristic so their race or their age or their sex. It can also be where
somebody perceives them to hold that characteristic or
they’ve been associated or feel they’ve been associated with somebody with that
characteristic. For example it can be times
where they’ve had an offensive joke aimed at them because they hold that
characteristic. So indirect discrimination is where a provision criterion or
practice when applied to everybody seems to be fair but potentially could indirectly
discriminate or put somebody at a disadvantage from a particular characteristic. A good example of that could be
a recruitment exercise so where an employee puts out an advert
and a mandatory requirement is somebody needs to be six foot tall. Potentially there you’re disadvantaging a group such as women who may be smaller. So the Equality Act
2010 gives us the definition of harassment and it uses quite specific terminology
like offensive, degrading the environment and it’s
important to bear those terms in mind when issues of harassment come to the fore. To put in a bit of context if there is a situation where an email
might be passed around the workplace and it might make derogatory comments about somebody’s age the person receiving that email may
well be offended by the comments made and they will feel that affect. But
also if you widen the scope of that and look at the potentially that email being passed around the colleagues it would also have the possible effects of making that person feel isolated and that might be a circumstance where that individual feels there is harassment there. So victimisation is where somebody feels they’ve received unfair treatment due to making a complaint or been associated with somebody who’s made a complaint. A good example of that might be where somebody goes for a job, goes for a promotion they feel they’re the best candidate
they interview well but for whatever reason they don’t get the post and for them the only reason why they
feel they haven’t been successful is because they have given evidence or
be involved in a investigation where somebody else has raised a complaint of discrimination. Discrimination is when somebody feels that
they’ve been treated less favorably or unfairly because of what’s called a
protected characteristic. Protected characteristic is something
that somebody possesses for example their age, their race, their gender. So when we talk about age this refers to
the age of the individual but also the range that they fall within. It
applies to both younger and older workers. Gender reassignment is
covered under the Equality Act this is the process of transitioning
from one gender to another. A person would normally be covered if
they’re proposing to start or currently undergoing or have completed the re-assignment process. The equality rules provide women with
protection against discrimination because of any pregnancy or maternity. This protection extends throughout the period of the pregnancy and through any maternity leave that follows. Disability is defined as someone who has a physical or mental impairment such as autism or diabetes which has a
substantial long-term adverse effect on their ability to carry out their day to day activities. It’s always important to remember that disability is the only
characteristic for which there is a duty to consider reasonable adjustments. Under the Equality Act people are protected from discrimination because of their religion or their belief. This protection extends to those do hold a religion as well as those who do not. The Equality Act protects workers against discrimination because they are
married or in a civil partnership. Remember this would include gay, lesbian and heterosexual couples. Workers are protected from discrimination due to their race. It’s important to remember that race includes their colour, their nationality, their ethnic or national origin. The Equality Act protects both men and women against discrimination because of their sex. The Equality Act provides protection against discrimination on grounds of
sexual orientation. This means that people who are gay, heterosexual, lesbian or bisexual receive the same protection under the
law. We know that the law around equality and discrimination can seem really complex. To help employers and employees who
might have experienced some of the situations that we’ve been talking about Acas has produced a series of guides
which can be found on the Acas website. Additionally you may like
to try taking one of our e-learning courses or attending an Acas training event.

8 thoughts on “Discrimination and protected characteristics at work

  1. What if certain traits make people less suitable for the role – it isn't discriminatory to exclude them then, surely?

    e.g. Person with a physical disability applying for a largely physical role; muslim applying to work on a factory line, where their prayer sessions conflict with the work flow; etc.

  2. Fuck everyone in this video. I wouldn't employee a single one of these pussies because they clearly cannot handle a chainsaw for 10 hours in 100 degree weather. Especially the blacks. Those pussies are afraid of hard work.

  3. Hello – In ‘indirect discrimination’ the concept of the disproportionate effect of neutral criterion, rule or practice plays a central role. Explain the relationship and interaction between such a neutral criterion and a disproportionate effect, and explain how this could lead to unlawful discrimination. Thank you

  4. The problem is everybody looks for reasons why its not discrimmination rather than why it is. And the equality act is not fit for purpose along with ACASS.

  5. At my work, people send indirect comments when im around about gay stuff cause they think im gay when im not, ive them say i look gay to other workers, but i never confronted them, just to not cause problems, now my whole workplace have that rumor, when i pass by them they smile and sometimes there's a laughter with and a comment behind my back, and i know they're talking about me becuz when i turn around to look they're looking at me and smiling, can that be called descrimination?

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