The Equality Act 2010 What the new Act means for you
Contents 1. Purpose of the Act
6. Other Key provisions
2. What does this mean for society?
7. Timescales 8. Codes and Guidance
3. Overview of sectors covered by the Act 9. Further information 4. Protected Characteristics 5. Prohibited Conduct
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Purpose of the Act Strengthening, harmonising and streamlining 40 years of equalities legislation: Strengthening: improving the effectiveness of equality legislation Harmonising: providing the same levels of protection from discrimination across all the protected characteristics and all sectors, where appropriate Streamlining: simplifying and consolidating approximately 116 pieces of separate equality legislation
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Protected Characteristics 1.
Age
6. Race
2.
Disability
7. Religion and belief
3.
Gender reassignment
8. Sex
4.
Marriage and civil partnership
9. Sexual orientation
5.
Pregnancy and maternity
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Where does the Act apply? • Services and Public Functions • Premises • Work • Education • Associations, including Political Parties
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So, what does this mean for society? Here are four examples: 1.
Extending the equality duty to require the public sector to take into account the needs of all protected groups (except marital and civil partnership status).
2.
Protecting disabled people from potentially discriminatory questions in the recruitment process.
3.
Protecting carers from discrimination.
4.
Protecting pregnant women and mothers from discrimination when using services etc.
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Prohibited Conduct 1. Direct discrimination, including by association and perception. 2. Indirect discrimination – now covers all characteristics. 3. Pregnancy and maternity discrimination.
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Prohibited conduct 1. Harassment. 2. Third party harassment. 3. Discrimination arising from disability. 4. Duty to make reasonable adjustments.
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Other Key Provisions •
Public Sector Equality Duty to have due regard to the need to: Eliminate discrimination, harassment and victimisation Advance Equality of Opportunity Foster good relations •Positive Action provisions permits proportionate action to overcome disadvantage, meet needs and tackle under representation.
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Timescales October 2010:
The majority of the Act’s provisions come into f force on 1 October 2010.
6 April 2011:
Public Sector Equality Duty
10 September 2011:
Specific Duties in England.
2013:
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Gender pay gap regulations (awaiting government clarification) and political parties publishing diversity data.
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Statutory Codes October 2010:
Employment; Services, Public Functions and Associations; and Equal Pay.
October 2010:
Further and Higher Education and Schools
5 April 2011:
Public Sector Equality Duty
Under discussion: Housing and Premises; Transport.
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EHRC Non Statutory Guidance July 2010 : Employment; Services; Education. tbc 2011: Public Sector Equality Duty.
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How do I find out more? Visit www.equalityhumanrights.com/ea2010 for the Commission’s guidance and starter kit live from 1st October 2010. You can also contact communications@equalityhumanrights.com with any queries. For general questions you can call the Equality and Human Rights Commission Helpline: England: 0845 604 6610 ~ Scotland: 0845 604 5510 ~ Wales: 0845 604 8810.
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End of Presentation
www.equalityhumanrights.com/equalityact/guidance