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(p. 411) 11. The Protected Characteristics 

(p. 411) 11. The Protected Characteristics
(p. 411) 11. The Protected Characteristics

David Cabrelli

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date: 11 December 2019

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 these characteristics. 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, it analyses the various remedies available where a claimant is successful in his/her discrimination complaint before an employment tribunal.

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