The new Equality Act came into force on October 1st 2010. The main provisions of the Act are:
- Protection against direct discrimination, indirect discrimination, harassment and victimisation
- Clarification of protected characteristics – these are the grounds on which discrimination can occur. This now includes: Age, Disability, Gender reassignment, Marriage & civil partnerships, Pregnancy & maternity, Race, Religion or belief, Sex and Sexual orientation.
- Changing the definition of gender reassignment to include an individual who has started, proposes to start, or has completed a process to change his or her gender. The individual does not need to be under medical supervision to be protected.
- Associative & perceptive discrimination
Associative discrimination means discriminating against individuals who associate with an individual with a protected characteristic. E.G. an employee who cares for a disabled relative.
Perceptive discrimination means discriminating again individuals who it is thought or perceived to have a protected characteristic. - New concept of ‘discrimination’ arising from disability
- Ban on pre-employment health questionnaires
- Extended protection from third party harassment, to all protected characteristics
- Making secrecy clauses unenforceable
What do you need to do as an employer?
- Review your equal opportunities policy
- Review your application form
- Ensure that your managers and employees are aware of the changes.
- Reduce risk of discrimination in recruitment e.g., have clear job descriptions; ensure that interview questions are related to job/skills.
- Do not issue any further pre-employment health questionnaires.
- Take action if an employee alerts you to 3rd party harassment.
- Ensure that any secrecy clauses are removed from contracts of employment.
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