Direct discrimination

The EA 2010 says that “a person directly discriminates against another person if, because of a protected characteristic, they treat them less favourably than they treat or would treat others” (section 13, EA 2010). For example, it would be direct discrimination for an amputee to not to be offered employment at a school, because the employer thinks their disability may upset the children.

There can be direct discrimination even if both the discriminator and the target share the same protected characteristic — for instance, if a shop owner who has HIV (classified as a disability under Schedule 1 of the EA 2010), does not recruit an applicant who has HIV because of concerns that they may become unreliable and take too much sick leave. The fact that both individuals have the same disability is irrelevant. What matters is that the reason for the less favourable treatment is the disability.

The protected characteristic must be one significant part of the reason for the less favourable treatment, but it does not have to be the only reason.