The Equality Act 2010 (EA2010) defines protected characteristics and prohibited conduct with regards to people that share these characteristics. EA2010 establishes duties relating to these categories for all employers, organisations and businesses, including ORR.
EA2010 defines protected characteristics as the following:
- age
- disability
- gender reassignment
- marriage and civil partnership
- pregnancy and maternity
- race
- religion and belief
- sex
Prohibited conduct is defined in EA2010 as the following:
- discrimination - treating someone less favourably because of a protected characteristic
- indirect discrimination - putting in place a rule of way of doing things that has a less favourable impact on someone with a protected characteristic than someone without one
- harassment - unwanted conduct which is hostile, degrading, humiliating or offensive to someone with a protected characteristic
- victimisation - treating someone unfavourably because they have taken or might be taking action under the EA2010 or supporting someone who is doing so.
EA2010 also establishes the Public Sector Equality Duty (PSED), which places additional requirements on public authorities, including ORR. The PSED requires public authorities to have “due regard”, in the exercise of their functions, to the “three aims”, namely the need to:
- eliminate discrimination, harassment, and victimisation and any other conduct prohibited under the EA2010
- advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not, and
- foster good relations between persons who share a relevant protected characteristic and persons who do not.
Further to this general duty, there are the following specific requirements under the PSED, which ORR must comply with:
- publication of Equality Information, setting out the effect that our policies and practices have on people with protected characteristics and how ORR demonstrates “due regard” to the PSED
- publication of Equality Objectives, which are specific and measurable targets that we will work towards to advance the aims of EA2010.