Discrimination law: The protected characteristics

Author: Fiona Cuming

Updating author: Tina McKevitt

Summary

• The Equality Act 2010 protects nine characteristics from unlawful discrimination.
• There are four main types of discrimination as well as additional forms of prohibited conduct that are specific to particular protected characteristics.
• The protected characteristic of age covers employees of any age who fall, or are perceived to fall, into the same age group, however that is described.
• Employees who meet the definition of disability under the Equality Act 2010 have the protected characteristic of disability.
• The protected characteristic of gender reassignment is the term used in the Equality Act to protect employees who are transitioning from their assigned gender to live in the gender with which they identify.
• Employees who are married or in a civil partnership have the protected characteristic of marriage and civil partnership.
• The protected characteristic of pregnancy and maternity protects employees from any unfavourable treatment that is because of their pregnancy, pregnancy-related illness or their maternity leave.
• Race is a protected characteristic and includes colour, nationality and ethnic or national origins.
• The protected characteristic of religion or belief covers any religion (or lack of religion) and any religious or philosophical belief (or lack of belief).
• The protected characteristic of sex covers men and women.
• Sexual orientation is a protected characteristic and covers a worker's sexual orientation towards those of the same sex, the opposite sex or either sex.