Published: 03 July 2009
Double the Discrimination
At the moment, people may only bring separate discrimination claims relating to one protected characteristic; such as their age, disability, gender reassignment, race, religion or belief, sex or sexual orientation.
But some people still have stereotyped attitudes about certain groups with a combination of protected characteristics, such as Asian men or black women.
The new ‘dual discrimination’ clause which the Government wants to insert in the Equality Bill would allow people to make a claim if they were directly discriminated against because of a combination of two relevant protected characteristics.
This would mean, for example, that a black woman who is discriminated against because her employer has particular stereotyped attitudes towards black women - as opposed to black men or white women - could bring a single claim for combined race & sex discrimination.
Vera Baird, Solicitor General and Equality Bill Lead Minister, said:
“People’s identities are multi-faceted and complex, and we are delighted to bring forward an amendment to the Equality Bill which would reflect this.
This clause would provide protection for people who at present would have to guess on what basis they have been discriminated against, wholly outside their dignity.
Business will benefit if all the issues in one case can be dealt with together and there will be better access to justice for all.
Protection against ‘dual discrimination’ would be a progressive step forward and confirm our place as a world leader in the fight against discrimination and disadvantage.”
The Equality Bill will cover England, Scotland, and Wales. Northern Ireland has its own equality legislation.
It will replace the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995, much of the Equality Act 2006, the Employment Equality (Religion or Belief) Regulations 2003, the Employment Equality (Sexual Orientation) Regulations 2003, the Employment Equality (Age) Regulations 2006, and the Equality Act (Sexual Orientation) Regulations 2007 (where applicable, as subsequently amended), plus other ancillary pieces of legislation.
Further information
Equality Bill
Framework for a Fairer Future - The Equality Bill
Government Equalities Office
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