Equality and Diversity Flashcards

Under the Equality Act 2010, at what age does the protected characteristic of age begin to apply?

Answer: From birth — it applies to all ages

The protected characteristic of age applies to people of all ages, from birth. It protects younger people as well as older people. However, age discrimination can be lawfully justified if there is a legitimate aim and the means of achieving it are proportionate, such as minimum age requirements for licensed premises.

A door supervisor overhears a patron using homophobic slurs towards another patron. What action should they take?

Answer: Intervene by warning the offending patron that homophobic abuse will not be tolerated and may result in removal from the venue

Door supervisors have a duty to maintain a safe environment for all patrons. Homophobic abuse can constitute a hate incident and, if threatening or abusive, a criminal offence under the Public Order Act 1986. The door supervisor should intervene, warn the offender, and escalate to removal or police involvement if necessary.

Which piece of legislation specifically addresses hate crime sentencing in England and Wales, allowing courts to impose enhanced sentences?

Answer: The Crime and Disorder Act 1998 and the Criminal Justice Act 2003

The Crime and Disorder Act 1998 created specific racially and religiously aggravated offences, while the Criminal Justice Act 2003 (Section 146) allows courts to treat hostility based on sexual orientation, disability, or transgender identity as an aggravating factor when sentencing. The Equality Act covers civil discrimination, not criminal sentencing.

A venue has a 'ladies' night' offering free entry to women but charging men. Could this be challenged under the Equality Act 2010?

Answer: Yes, it could constitute direct sex discrimination against men as sex is a protected characteristic

Sex is a protected characteristic under the Equality Act 2010 and the protection applies equally to men and women. Charging different prices based on sex could constitute direct discrimination. While some venues continue this practice, it is legally vulnerable to challenge.

What is perceptive discrimination?

Answer: Discrimination based on a perception or assumption about someone's protected characteristic, even if that perception is wrong

Perceptive discrimination occurs when someone is treated less favourably because of a perception that they have a protected characteristic, even if they do not actually have it. For example, refusing entry to someone because you wrongly assume they are gay is still sexual orientation discrimination.

A door supervisor's personal religious beliefs mean they disapprove of same-sex relationships. A same-sex couple wishes to enter the venue. What is the correct professional response?

Answer: Allow entry and treat the couple with the same professionalism as any other patron, as personal beliefs do not override the law

Personal beliefs, however sincerely held, do not override the Equality Act 2010. Sexual orientation is a protected characteristic, and refusing service or treating same-sex couples differently would be unlawful discrimination. Door supervisors must act professionally regardless of personal views.