Monday, November 4, 2019

Analysis Of The Equality Act

Analysis Of The Equality Act Disclaimer: This work has been submitted by a student. This is not an example of the work produced by our Law Essay Writing Service . You can view samples of our professional work here . Analysis Of The Equality Act The introduction to Equality Act 2010 Equality Act 2010 is an act of the Parliament of United Kingdom which taking effect from October 2010 prescribes an equal treatment in access to employment as well as private and public services. The act list a set of protected characteristics which are identified as follow: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. With regards to these characteristics the Act provide a distinct protection per each framing the all provisions with general indications about common characteristics of discrimination. The reason of such fragment and different protection among the protected characteristic is explained on the basis of a pre-existing anti- discrimination law which was subsequently combined by the Equality Act adding further element of protection. In fact, the Act is formed by a number of pieces of other legislation whi ch regulated the discrimination law field. In this way, were legislatively actives the Sex Discrimination Act 1975, the Race Relations Act 1976 and the Disability Discrimination Act 1995. The act replace also a number of Regulations, in which the one relevant in age discrimination field was the Employment Equality (Age) Regulations, which take effect starting from 2006 until the adoption of Equality act. The definition of ‘Discrimination’ differs from statute to statute and it generally consist in treating one person less favourably than another   [ 1 ]   . In this way, the Equality Act provide a guidance which aim to give a general framework of the different discriminatory situations. It distinguish among direct discrimination [Section 13(1)   [ 2 ]   ] and indirect discrimination [Section 19(1)], harassment [Section 26 (1)] and victimisation [Section (27)1]. Following the Act definitions is possible to identify direct discrimination where because of a protecte d characteristics a person is treated less favourably than someone who does not share that characteristic. According with the guidance, Indirect discrimination refer to a policy which applies in the same way for everybody providing as effect particularly disadvantages to people with a protected characteristic. It is important to underline how the Act refer to the possibility of lawful discrimination. The circumstances in which a concrete discrimination is permitted are in occupational requirements (direct discrimination is permitted when particularly characteristics are required for a job), armed forces (for the purposes of combat effectiveness of the armed forces), positive action ( positive action are intended as measures to alleviate disadvantage suffered by people who share one of the protected characteristics). The possibility of lawful discrimination are amplified in age-discrimination, in which is prescribed that an ‘objective justification’(legitimate aim) could be applies to allow indirect discrimination and direct discrimination. With regards to public bodies, a new Equality Duty has come in force on 5 April 2011 underlining the importance of public role in eliminating discrimination, advance equality of opportunity, and foster good relations in the course of developing policies and delivering services. In this way, the aim for public bodies is to consider the needs of all individuals in their day to day work, in developing policy, in delivering services, and in relation to their own employees   [ 3 ]   .

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