The Protected Characteristics

The Equality Act 2010 (EA 10) prohibits discrimination because of one of the following characteristics, referred to in the Act as “protected characteristics”. Only discriminatory treatment that falls into one of these categories is prohibited by the Act:

• age;

• disability;

• gender reassignment;

• marriage and civil partnership;

• pregnancy and maternity;

• race;

• religion or belief;

• sex or gender; and

• sexual orientation.

As a general principle, equality legislation is about securing equal treatment for particular groups who might otherwise be disadvantaged in the workplace, when compared with others who do not share the characteristic. It is not about fair treatment: it does not protect workers from poor employers who behave equally badly to all employees, or employers who behave badly for a non-discriminatory reason.