What is Discrimination?

Discrimination means treating a person unfairly

because of who they are or because they possess
certain characteristics. If you have been
treated differently from other people only
because of who you are or because you possess
certain characteristics, you may have been
discriminated against.

The Equality Act 2010 highlights 9 protected

characteristics:

1. Age
2. Gender
3. Race
4. Disability
5. Religion
6. Pregnancy and maternity
7. Sexual orientation
8. Gender reassignment
9. Marriage and civil partnership
Discrimination that occurs because of one or
more of the above characteristics is unlawful
under the Equality Act. Considering every person
has at least some of these characteristics such
as age, race or gender, the Act protects every
person from being discriminated against.
If you are treated unfavourably because someone
thinks you belong to a particular group of
people with protected characteristics, this is
also unlawful discrimination.
Types of Discrimination
Discrimination can occur in the
following forms:
Direct Discrimination
Under similar circumstances, when a person with a
protected characteristic is treated less favourably than
others, it is direct discrimination. For example – you have
the qualifications and experience necessary for the job but
your application is turned down because you are ‘too
young’ or ‘too old’.

Indirect Discrimination
If there is a rule or policy in the workplace that puts you at
a disadvantage as compared to others, it may be considered
indirect discrimination. For example – an organisation
includes a clause that forces all employees to work on
Sunday. This puts Christians at a particular disadvantage as
it is common knowledge that Sunday is a day of worship
for Christians.
You have a right to challenge the clause if it affects you
directly.

Discrimination by Association
If you are treated unfairly because someone you know or
are associated with has a protected characteristic, this may
be construed as discrimination by association. For example
– you are refused service in a restaurant because you are
with someone who belongs to a particular race.
Discrimination by Perception
Receiving unfair treatment because someone thinks you
belong to a group with protected characteristics, you may
be experiencing discrimination by perception. For example
– you are heterosexual but an estate agency refuses to lease
out a flat to you because they assume you are gay due to
their misconceptions about how gay people look, dress or
behave.

Harassment
Harassment comprises of unwanted behaviour that makes
another person feel offended, humiliated or intimidated.
Unwanted behaviour could include physical gestures,
abuse, jokes, spoken or written words or offensive emails
and expressions. For example – male gym members passing
sexual comments or telling unwelcome jokes within earshot
of a female gym member could constitute harassment.

Victimisation
When a person is treated badly or subjected to detriment
because they complained about discrimination or
supported another victim of discrimination, this may be
considered victimisation. For example – you are denied
training or advancement avenues at work because you filed
a sexual harassment complaint against your boss.

Understanding When And Where You

Are Protected From Discrimination
The Equality Act 2010 specifies several
situations where you are protected from
discrimination. Some of these situations
and settings include but are not limited to
the following:
As an employee in any kind of workplace
including offices, factories or
construction sites amongst others
As a student or staff in schools, colleges
and other educational institutions
When looking for a place or property to
rent or buy a property from estate agents
or housing associations
As a client of a business or organisation
that provides services or goods such as
banks, shops and utility companies
When using transport services such as
buses, taxis or trains
As a patient or resident at any healthcare
setting including hospitals, private
clinics and nursing homes
When interacting with public bodies such as
local authorities and government
departments

The Equality law protects you from

being discriminated against at work
during every phase of employment,
including:
  Recruitment
 Training
 Employment terms and conditions
 Salary and benefits
 Promotion, transfer and other
advancement opportunities
 Redundancy
 Dismissal

Understanding When It May Not

Be Considered Discrimination
In some instances, it may not be
considered unlawful discrimination
if someone treats you unfairly on
the basis of any of the protected
characteristics, provided that they
have good enough reason for this
unfair treatment and are able to
justify the discrimination.
Here are five important tips to help
you in your journey:
1. Embrace Your Beauty and Strength. Find
ways to embrace and celebrate your identity—the
strength and beauty of you being you. Read books,
talk to people, and go to identity-affirming events.
Call upon trusted friends and relatives, people with a
healthy sense of self, for support. Also consider
seeking the help of a trained professional in your
area to create solutions custom-fit to your particular
situation and needs.

2. Take Good Care of Yourself and Learn to

Cope. One of the best ways you can fight
discrimination is by taking good care of yourself.
Your survival is not just important; it’s an act of
revolution. Make your life revolutionary by
exercising, eating healthy, and finding ways to de-
stress every day.

3. Stand Up For Yourself. Let others know how

their words and actions have affected you and those
you care about. Fight for your rights. In order to
effect change, people need to be made aware that a
problem exists. Contact your elected representatives,
the ACLU, and the Office for Civil Rights. The more
people who can see the real life impact and injustice
of what’s happening, the more we can fight to end
discrimination once and for all.
4. Strategize and Know the Consequences Before
You Act. There truly is a time for daring and a time
for caution, and an intelligent person knows the
difference. Weigh the costs and benefits and decide
for yourself what you’re able, and willing, to do. Take
stock of yourself. Capitalize on your strengths, and
put a plan in motion to compensate for your
weaknesses. Do your best to protect yourself and
others and to minimize risk. Timing is critical.
Strategize carefully to achieve maximum impact.

5. Reach Out and Organize. Don’t go it alone.

People really are stronger, and safer, when they
stand together. Mobilize your friends, family, and co-
workers. We’re stronger when we stand together,
share our stories, and make our voices heard.
Uniting with others who face a similar situation as
you do can help you obtain the resources and social
support you need to survive. They can even give you
a base to mobilize should you decide to organize and
fight for your rights.
GROUP I
Mrs. Mercyl Puyong

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