2.2 Protection from age discrimination
Discrimination under the Equality Act 2010 can take several forms:
Direct age discrimination: Treating someone less favourably because of a protected characteristic. Example: A gym refusing a 76-year man membership because of his age.
Indirect age discrimination: Applying a rule or policy that disadvantages people with a protected characteristic. Example: An optician allows customers to pay for their glasses by instalments but restricts eligibility to those in work. This could put older people at a disadvantage as they are less likely to be working.
Harassment: Unwanted behaviour related to a protected characteristic that violates someone’s dignity or creates a hostile environment. Example: A person’s colleagues repeatedly making jokes about their age, which the individual finds offensive or upsetting.
Victimisation: Treating someone unfairly because they’ve made or supported a complaint under the Act. Example: A workplace excluding someone from social activities or a pay rise as they are taking, or believed to be taking, action under the Equality Act.
Discrimination by association: Being treated unfairly because of your connection to someone with a protected characteristic. Example: A workplace changing work arrangements (e.g. working from home) without notice when the person needs to be based at home for caring duties.
Discrimination by perception: Being treated unfairly because someone thinks you have a protected characteristic, even if you don’t. Example: A manager assuming an older colleague will not take part in certain away day activities as they believe them likely to be disabled in some way.
The Equality Act can be used to challenge all these forms of discrimination, as defined above.
It is important to note that individuals, i.e. people themselves, have these protections as rights holders, however, public bodies must ensure they are mindful of them as duty holders (meaning they are responsible for compliance with the law).
Activity 5
Reflect on a time when you or someone you know may have experienced unfair treatment.
- Was it related to any of the nine protected characteristics?
- Which type of discrimination (if any) might it have been?
- How did it make you feel?
- What could have been done differently?