Laws to protect against discrimination
Race discrimination
The law on race and race discrimination is well established. In particular:
- The Race Relations Act 1976 makes it illegal to discriminate against people because of their race - either directly or indirectly in employment, training and education, housing, public appointments, provision of goods, facilities and services.
- The Race Relations (Amendment) Act 2000 placed three main responsibilities on public authorities:
- to eliminate unlawful racial discrimination
- to promote equality of opportunity
- to promote good relations between people of different racial groups.
Gender discrimination
There are a number of laws which protect people from discrimination on the basis of gender – either as service users or employees:
- The Sex Discrimination Act 1975 makes it unlawful to discriminate on the grounds of gender in employment, education and providing good, services and facilities.
- The Gender Recognition Act 2004 recognises the right of people to have full legal recognition of their true gender.
- The Equality Act 2006 also places a duty on public authorities to work to eliminate unlawful discrimination and harassment, and promote equality of opportunity. This means they have to gather information on how their work affects men and women, consult on their work, identify key priorities on gender; publish and report on a gender equality scheme.
Disability discrimination
The relevant law relating to disability, discrimination and community learning and development is set out in three main pieces of legislation:
- The Disability Discrimination Act (1995) and The Disability Discrimination Act (2005) place responsibilities on a range of organisations to protect individuals from being discriminated against in employment, education and management activities. They also protect people from discrimination in accessing goods, facilities and services. The 2005 Act places a duty on all public sector authorities to promote disability equality.
- In 2002, the Special Educational Needs and Disability Act 2001 was introduced. This Act requires schools, colleges, universities, adult education providers and youth services to take the same steps as other service providers in ensuring that they do not discriminate against disabled people and make reasonable adjustments to their services and premises.
Other equalities groups
The Equality Act (2006) prohibits discrimination in the provision of goods and services. The 'Employment Directive on Equal Treatment' means that - as a European Union member state - the UK must prohibit discrimination in work and vocational training on the grounds of age, sexual orientation, religion, belief and disability. This is especially relevant for any CLD provider who provides guidance, training or work experience aimed at helping people to go into work.
There are also a number of laws and amendments that have been introduced in the UK which outlaw discrimination against specific other equalities groups:
- Sexual orientation – the Civil Partnership Act 2004 means that same sex couples can form a legal civil partnership. The Equality Act (Sexual Orientation) Regulations 2007 came into effect from 30 April 2007. Since then it is unlawful to discriminate on the grounds of sexual orientation in the provision of goods, facilities and services; in the disposal and management of premises; in education and in the exercise of public functions.
- Faith and belief - The Race Relations Act makes it illegal to treat a person less favourably than others on racial grounds - meaning race, colour, nationality or ethnic or national origins. But there has been some confusion about how this legislation deals with faith. The Employment Equality (Religion and Belief) Regulations 2003 prohibit discrimination in employment and training.
- Age - The Employability (Age) Regulations 2006 came into effect in October 2006. It is now illegal to treat someone less favourably because of their age, without justification, in employment and vocational training.
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