This chapter discusses the law on discrimination due to the protected characteristics of gender reassignment, marital status and civil partnership, and pregnancy and maternity. The Sex Discrimination Act as originally drafted only prohibited discrimination on grounds of sex and marital status. However, civil partners are now treated in the same way as married people. Transgender people, who live as someone of the opposite gender, are protected from discrimination. They can also change their birth certificates so that their new gender is reflected there. Pregnant women have a right not to be discriminated against, and this is a free-standing right. People are entitled not to be discriminated against because of their sexual orientation. The prohibition against sex discrimination covers heterosexuals as well as homosexual people.
Chapter
17. Sex-related characteristics (gender reassignment, marital status, pregnancy, sexual orientation)
Chapter
18. Equal pay
This chapter discusses the evolution of equal pay law in the UK, selection of comparator by the claimant, employer defences and remedies, bringing a claim, bringing equal pay cases using sex discrimination statutes, and critiques of equal pay law. The Equal Pay Act, which came into operation in 1975, was repealed in 2010, but its content was effectively transposed into the Equality Act 2010. A claimant is required to name a comparator of the opposite sex who she claims is paid more than she is, without good reason, despite doing the same work, broadly similar work, work which has been rated as equivalent or work of equal value. Equal pay law has been criticised for failing to bring about equality in pay between men and women. Suggested reforms include placing a positive duty on employers to take action to eliminate unequal pay. The chapter also considers gender pay gap reporting.
Chapter
11. The Protected Characteristics
This chapter analyses the ‘protected characteristics’ in the Equality Act 2010. These include sex, gender re-assignment, pregnancy, and maternity discrimination; race discrimination; religion or belief discrimination; sexual orientation, marriage, and civil partnership discrimination; and age discrimination. It examines these protected characteristics in detail, including some of the ‘boundary disputes’ which arise in the case of some of them. It then explores the genuine occupational requirements exception; the mechanics of the reversed burden of proof in discrimination cases; and the law of vicarious liability in the context of discrimination. Finally, the chapter sets out the various remedies available where a claimant is successful in his/her discrimination complaint before an employment tribunal.
Chapter
9. Equality law
The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions about equality law. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of equality law including the range of protected characteristics, direct discrimination, indirect discrimination, harassment, victimisation, and the duty to make reasonable adjustments. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.
