Part 2Equality: key concepts

Chapter 1Protected characteristics

4The protected characteristics

The following characteristics are protected characteristics—

  • age;

  • disability;

  • gender reassignment;

  • marriage and civil partnership;

  • pregnancy and maternity;

  • race;

  • religion or belief;

  • sex;

  • sexual orientation.

5Age

1

In relation to the protected characteristic of age—

a

a reference to a person who has a particular protected characteristic is a reference to a person of a particular age group;

b

a reference to persons who share a protected characteristic is a reference to persons of the same age group.

2

A reference to an age group is a reference to a group of persons defined by reference to age, whether by reference to a particular age or to a range of ages.

I16Disability

1

A person (P) has a disability if—

a

P has a physical or mental impairment, and

b

the impairment has a substantial and long-term adverse effect on P's ability to carry out normal day-to-day activities.

2

A reference to a disabled person is a reference to a person who has a disability.

3

In relation to the protected characteristic of disability—

a

a reference to a person who has a particular protected characteristic is a reference to a person who has a particular disability;

b

a reference to persons who share a protected characteristic is a reference to persons who have the same disability.

4

This Act (except Part 12 and section 190) applies in relation to a person who has had a disability as it applies in relation to a person who has the disability; accordingly (except in that Part and that section)—

a

a reference (however expressed) to a person who has a disability includes a reference to a person who has had the disability, and

b

a reference (however expressed) to a person who does not have a disability includes a reference to a person who has not had the disability.

5

A Minister of the Crown may issue guidance about matters to be taken into account in deciding any question for the purposes of subsection (1).

6

Schedule 1 (disability: supplementary provision) has effect.

7Gender reassignment

1

A person has the protected characteristic of gender reassignment if the person is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person's sex by changing physiological or other attributes of sex.

2

A reference to a transsexual person is a reference to a person who has the protected characteristic of gender reassignment.

3

In relation to the protected characteristic of gender reassignment—

a

a reference to a person who has a particular protected characteristic is a reference to a transsexual person;

b

a reference to persons who share a protected characteristic is a reference to transsexual persons.

8Marriage and civil partnership

1

A person has the protected characteristic of marriage and civil partnership if the person is married or is a civil partner.

2

In relation to the protected characteristic of marriage and civil partnership—

a

a reference to a person who has a particular protected characteristic is a reference to a person who is married or is a civil partner;

b

a reference to persons who share a protected characteristic is a reference to persons who are married or are civil partners.

9Race

1

Race includes—

a

colour;

b

nationality;

c

ethnic or national origins.

2

In relation to the protected characteristic of race—

a

a reference to a person who has a particular protected characteristic is a reference to a person of a particular racial group;

b

a reference to persons who share a protected characteristic is a reference to persons of the same racial group.

3

A racial group is a group of persons defined by reference to race; and a reference to a person's racial group is a reference to a racial group into which the person falls.

4

The fact that a racial group comprises two or more distinct racial groups does not prevent it from constituting a particular racial group.

C15

A Minister of the Crown F3...—

a

F1must by order amend this section so as to provide for caste to be an aspect of race;

b

F2may by order amend this Act so as to provide for an exception to a provision of this Act to apply, or not to apply, to caste or to apply, or not to apply, to caste in specified circumstances.

6

The power under section 207(4)(b), in its application to subsection (5), includes power to amend this Act.

10Religion or belief

1

Religion means any religion and a reference to religion includes a reference to a lack of religion.

2

Belief means any religious or philosophical belief and a reference to belief includes a reference to a lack of belief.

3

In relation to the protected characteristic of religion or belief—

a

a reference to a person who has a particular protected characteristic is a reference to a person of a particular religion or belief;

b

a reference to persons who share a protected characteristic is a reference to persons who are of the same religion or belief.

11Sex

In relation to the protected characteristic of sex—

a

a reference to a person who has a particular protected characteristic is a reference to a man or to a woman;

b

a reference to persons who share a protected characteristic is a reference to persons of the same sex.

12Sexual orientation

1

Sexual orientation means a person's sexual orientation towards—

a

persons of the same sex,

b

persons of the opposite sex, or

c

persons of either sex.

2

In relation to the protected characteristic of sexual orientation—

a

a reference to a person who has a particular protected characteristic is a reference to a person who is of a particular sexual orientation;

b

a reference to persons who share a protected characteristic is a reference to persons who are of the same sexual orientation.