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 F1...—
a
F2must by order amend this section so as to provide for caste to be an aspect of race;
b
F3may 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.