Equality: The Legal Framework

Abstract

1 The Aims of Equality Law The Equality Act 2010 The Act since 2010 A History of Bits and Pieces Meanings of Equality The Unitary Human Rights Perspective Respect for Equal Worth, Dignity and Identity as a Fundamental Human Right Eliminating Status Discrimination and Prejudice Consistent Treatment/Formal Equality Removing Barriers to Equal Treatment Equality of Opportunities, Capabilities, and Outcomes Fairness 2 Protected Characteristics Extent of Status Protection Age A Response to a 21st-century Challenge Balancing Individual Dignity with the Rights and Interests of Others Children Disability From Paternalism to Rights Definition of 'Disability' Race and Related Characteristics The Changing Context of Race Legal Definition of 'Ethnic Origin' National Origin and Nationality Caste Religion or Belief Sex and Related Characteristics Sex and Gender Gender Reassignment Pregnancy and Maternity Marriage and Civil Partnership Sexual Orientation 3 Prohibited Conduct Introduction Direct Discrimination Less Favourable Treatment Levelling Down Knowledge, Intention and Motivation 'Because of ' a Protected Characteristic Perception and Association Intersectional or Multiple Discrimination Justification of Direct Age Discrimination Indirect Discrimination Harmonisation Elements of the Tort Knowledge, Intention and Motive Justification Disability Discrimination Why Special Provisions? More Favourable Treatment Discrimination Arising from Disability Duty to Make Reasonable Adjustments for Disabled People Indirect Discrimination Harassment Victimisation 4 Work and Equal Pay Introduction Work General Scope Genuine Occupational Requirements Religious Requirements Mandatory Retirement Age Seniority Rules Equal Pay for Men and Women The Long Struggle for Equal Pay Relationship between Equality Clause and Sex Discrimination Claims Hypothetical Comparators Choice of Comparator Genuine Material Factor (GMF) Defence Collective Bargaining and Transitional Arrangements Discussions about Pay Gender Pay Gap Information Mandatory Equal Pay Audits 5 Services, Premises, Education, Associations, and Other Unlawful Acts Services and Public Functions General Scope Age Exceptions Constitutional Functions Armed Forces and Security Services Immigration Functions Religion or Belief Exceptions Separate, Single-Sex, and Single-Group Services Health and Care Insurance Broadcasting Sport Premises Education Exceptions Relating to Marriage etc, and Age Exceptions Relating to Harassment Exceptions Relating to Religion or Belief Exception Relating to Single-Sex Institutions Associations Private Clubs Political Parties Other Unlawful Acts Liability of Employers and Principals Liability of Employees and Agents Instructing, Causing or Inducing Contraventions Aiding Contraventions 6 Advancement of Equality Changing Organisational Policy and Behaviour Positive Action General Exception Relating to Positive Action Measures Recruitment and Promotion Political Parties Charities Public Sector Equality Duty Purpose The General and Specific Duties Engagement Contract and Subsidy Compliance What Is Meant by 'Having Due Regard'? Which Authorities Are Covered? Enforcement Review of the PSED 7 Enforcement The Equality and Human Rights Commission A Single Commission Structure and Management of the Commission General Powers and Duties Human Rights Enforcement Powers Support for Individuals and the Provision of Conciliation Resources Individual Enforcement County and Sheriff Courts Employment Tribunals Limiting Accessibility Decline of Tripartism Representative Actions Equal Pay Procedure Legal Assistance Burden of Proof Time Limits Conciliation and Mediation Compensation Recommendations 8 An Appraisal Harmonisation: Too Little or Too Much? Changing Organisational Policy and Behaviour Improving Enforcement Limits of Law: Poverty and Disadvantage Law and Politics

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