- Slides: 6
Direct Discrimination Machins Solicitors LLP
Direct Discrimination • Section 13 Equality Act 2010 • A person directly discriminates against another person where: – he treats him less favourably than he treats or would treat others; and – he does so because of a protected characteristic.
Less Favourable Treatment • Where an individual has been treated less favourably • Requires a comparison • Real or hypothetical • Must not be materially different.
Because of a protected characteristic • The less favourable treatment must be because of a protected characteristic. • Examination of why the less favourable treatment occurred. – May be inherent in the act itself; or – May be a discriminatory motivation. • Can be conscious or unconscious. • Irrelevant if the perpetrator and victim share the same characteristic.
Protected characteristics • For direct discrimination, the protected characteristics are: – – – – – age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sexual orientation.