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What are the three aims of the general duty, as outlined in the Equality Act?
The three aims of the general duty are to eliminate unlawful discrimination, harassment, victimisation and any other unlawful conduct; advance equality of opportunity; and foster good relations between people who share and people who do not share a relevant protected characteristic.
What is the definition of a person having the protected characteristic of gender reassignment?
A person has the protected characteristic of gender reassignment if they are proposing to undergo, are undergoing, or have undergone a process or part of a process to reassign their sex by changing physiological or other attributes of sex.
Why should authorities not use concepts such as gender or gender identity when undertaking their assessment?
Authorities should not use concepts such as gender or gender identity because they are not encoded in the act and can be understood in different ways.
Why is marriage and civil partnership only considered in relation to the first aim of the duty?
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What does 'having due regard' mean in the context of the general duty?
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What is the key consideration when deciding the level of 'due regard' required in a particular context?
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What is the purpose of assessing the equality impacts of a decision, according to the Equality Act?
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What does 'advancing equality of opportunity' involve, according to the Equality Act?
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What is the purpose of considering people's different needs and taking steps to meet those needs, according to the Equality Act?
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What is the specific provision in the Equality Act related to making adjustments for people with disabilities?
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Study Notes
General Duty
- The general duty requires public authorities to have due regard to the need to eliminate unlawful discrimination, advance equality of opportunity, and foster good relations between people who share and people who do not share a relevant protected characteristic.
- The relevant protected characteristics are: age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, sexual orientation.
Protected Characteristics
- Gender reassignment is a protected characteristic if someone is proposing to undergo, is undergoing, or has undergone a process to reassign their sex by changing physiological or other attributes of sex.
- Marriage and civil partnership is a protected characteristic but not a ‘relevant’ one, and only applies to the first aim of the duty.
- Discrimination because of marriage and civil partnership is only prohibited in relation to the work provisions of the act.
Having Due Regard
- “Having due regard” means properly considering the 3 aims of the duty and how they relate to the function being exercised, and then deciding what weight to give them.
- It is not a duty to achieve a particular outcome, but to properly consider the aims and the potential equality impacts.
Assessing Equality Impacts
- The level of “due regard” considered sufficient in any particular context depends on the facts and circumstances of the case and the seriousness of the potential equality impacts.
- A proportionate approach should be taken to the resources spent on duty compliance.
- When assessing equality impacts, consider both positive and negative impacts.
Eliminating Unlawful Conduct
- “Eliminating unlawful conduct prohibited by the act” means eliminating discrimination, harassment, victimisation, failure to make reasonable adjustments and any other conduct prohibited by or under the act.
Advancing Equality of Opportunity
- “Advancing equality of opportunity” means having due regard to the need to remove or minimise disadvantages, take steps to meet the different needs of people, encourage participation, and take steps to meet the different needs of disabled persons.
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Description
Learn about the general duty of public authorities to promote equality and the protected characteristics under the Equality Act 2010.
