Protected-Characteristics (ID 1055)

• Disability
  Disability

  Under the Equality Act, a disability is defined as, ' any physical or mental impairment that has a substantial and long term effect on a person's ability to carry out normal day to day activities'.

  For this definition, 'long term' is generally held to mean a year or more, or a regularly recurring condition, where the recurrences continue beyond a year. The term 'day to day activities' has been held to be things such as running for a bus, opening doors and doing the everyday things that most people take for granted.

  There are conditions which are ring fenced as a 'disability' from the point of diagnosis and these include cancer, HIV and Aids and multiple sclerosis. In terms of mental health, conditions such as clinical depression, schizophrenia, Bi Polar would generally be regarded as a disability, irrespective of whether or not they are controlled by medication.

  Under the Equality Act, employers and education should support staff and students to overcome barriers presented in the work and study place because of a disability. These are called 'reasonable adjustments'.

• Gender Reassignment
  Gender Reassignment

  Gender reassignment is when someone decides to live in the gender they identify as rather than the gender they were assigned at birth. At birth our genitalia are used to determine our gender, however our gender identity is personal to us as individuals and is not about the physical sex we are but about how we feel in ourselves.

  To re-assign gender, a person will decide that they wish to live their lives in the gender that they self-identify as. There is no legal requirement for surgical or medical interventions. If someone wishes to undertake surgery to re-assign their genitalia, they must first live their lives in the gender they identify as for at least a year. This is known as the 'real life test'.

  The use of the correct pronoun to describe someone is an important part of their transition and where colleagues refuse to use the correct pronoun, the individual's confidence may be undermined. Persistent use of the wrong pronoun is a form of harassment.

• Race
  Race

  This protected group covers discrimination because of ethnicity, nationality, national identity, skin colour and caste. Ethnicity is determined by a long and shared history, often religion and language.

  In the UK Gypsy Travellers (not New Age Travellers) are a minority ethnic group because of that long and shared history. Skin colour difference is not necessary for a racist incident to have occurred; you may have an incident between two people or groups because of their national identity or nationality and so national political conflicts may result in conflict or tensions between individuals within a work area or community.

  In workplaces the numbers of people from minority groups in strategic posts and organisational committees are few across our society.

• Religion or Belief
  Religion or Belief

  This characteristic covers all the recognised faith groups and also covers those who do not follow any religion or belief system.

  Setting meetings and events on particular faith days can result in individuals being excluded and efforts should always be made to avoid days of adherence in order to attract the widest audience.

  Dietary requirements are also important in relation to some faith groups. As with dietary requirements for health or personal choice reasons, you should try and capture the requirements of the intended audience to attract and accommodate those from different faith groups.

• Sex/Gender
  Sex/Gender

  This is the protection of men and women.

  Whilst most of the cases that come before employment tribunal are brought by women, it is true that men also face discrimination because of their sex.

  For women in employment there are issues regarding pay, with the pay difference for pro rata posts in private sector often 20% less and more. In public sector, theoretically there should be no difference in pay for a pro rata post.

  In relation to those men whose ambition it is to follow a career path in what may be seen as traditional female roles, another set of social stereotypes may influence them away from that path. An example is the low numbers of men who work in nursing or HR.

  Sexual harassment also falls under this protected characteristics and is 'any unwanted conduct of a sexual nature'. There are two distinct elements to this. The first is 'conduct of a sexual nature'. Comments about sexual behaviour, unwanted touching that can appear minor in nature to extreme behaviours could all be categorised as 'conduct of a sexual nature'.

  It is also about the abuse of power in a way that demeans the value of one sex or another in the day to day environment. Demeaning comments about women or about men that are intended to 'put them in their place' fall into this. Although that behaviour may be targeted at an individual, it need not be.

• Sexual Orientation
  Sexual Orientation

  Sexual orientation protects all people from discrimination because of actual or perceived sexual orientation or discrimination by association. There are strong social influences that impact on people because of their sexuality.

  Today, although there are great changes in attitudes, there is still a real concern for some people in being open about who they are attracted to for fear of reprisal from family, friends and colleagues and strangers.

  Examples of discrimination related to sexual orientation are the use of homophobic language, refusal to provide a service such as accommodation or a marriage service to a same sex couple, and verbal or physical abuse directed at someone who is known to be or perceived to be gay or bisexual.

• Pregnancy & Maternity
  Pregnancy & Maternity

  This provides protection for the pregnant women from direct and indirect discrimination and also for anyone caring for a new born or very young child. The legislation protects someone from exercising their rights to maternity leave as well as the rights to apply for appointment, promotion and access to development opportunities whilst pregnant.

  Organisations should carry out a risk assessment to ensure that pregnant women are not carrying out tasks that would be a risk either to herself or the unborn child. Certain physical roles or working with certain chemicals or medical equipment may require a short term adjustment to a role until the risk is past. The provision of flexible working arrangements, breast feeding facilities and child care opportunities contribute positively to this protected group.

  Keeping in touch days and regular updates to the individual whilst they are on leave can help to support someone to feel included in their absence.

• Marriage & Civil Partnership
  Marriage & Civil Partnership

  The element of the legislation is about the rights afforded by marriage or civil partnership and in this respect is generally held to be rights for people within a formal legal partnership, whether same sex or opposite sex. This includes same sex marriage. It does not offer protection for those who cohabit but do not have that formal affirmation of their relationship.

  This protection is often associated with pension rights and rights to financial recompense in the workplace, however that is not always the case. At work place related social events, invitations that extend to include same sex partners can give a very clear message of a culture that is inclusive.