Equality Act 2010

In brief

The principal UK anti-discrimination statute. Consolidates previous equality legislation into a single Act. Defines nine protected characteristics including sex (s.11) and gender reassignment (s.7). Establishes the Public Sector Equality Duty (s.149) requiring public bodies to have due regard to eliminating discrimination and advancing equality of opportunity.

Key provisions

• s.4 — Protected characteristics (nine): Lists the nine protected characteristics: age, disability, gender reassignment, marriage/civil partnership, pregnancy/maternity, race, religion or belief, sex, and sexual orientation.
• s.7 — Gender reassignment (proposing to undergo, undergoing, or having undergone reassignment): Defines gender reassignment as a protected characteristic. A person has this characteristic if they are proposing to undergo, are undergoing, or have undergone a process to reassign their sex.
• s.11 — Sex: Defines sex as a protected characteristic. Post-FWS, this means biological sex (chromosomal/gonadal sex at birth or conception).
• s.13 — Direct discrimination: Prohibits direct discrimination: treating someone less favourably because of a protected characteristic than a comparator without that characteristic.
• s.19 — Indirect discrimination: Prohibits indirect discrimination: applying a provision, criterion, or practice (PCP) that puts persons sharing a protected characteristic at a particular disadvantage, unless objectively justified.
• s.26 — Harassment: Defines harassment: unwanted conduct related to a protected characteristic that has the purpose or effect of violating dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment.
• s.27 — Victimisation: Prohibits victimisation: subjecting someone to a detriment because they have done, or are believed to have done, a protected act (e.g. bringing a discrimination complaint).
• s.149 — Public Sector Equality Duty: The Public Sector Equality Duty (PSED): public authorities must have due regard to eliminating discrimination, advancing equality of opportunity, and fostering good relations between groups sharing protected characteristics.
• Schedule 3, Part 7 — Separate and single-sex services exceptions: Provides exceptions allowing single-sex and separate-sex services where this is a proportionate means of achieving a legitimate aim. Covers communal accommodation, facilities, and services.
• Schedule 9 — Occupational requirements: Allows occupational requirements: an employer may apply a requirement to have a particular protected characteristic if it is an occupational requirement and its application is proportionate.

When relevant

Foundational statute for ALL toolkit analysis. Every policy, facilities decision, complaint response, and operational question about trans inclusion engages the EA2010. Section 7 (gender reassignment), section 11 (sex), section 13 (direct discrimination), section 19 (indirect discrimination), section 26 (harassment), section 149 (PSED), Schedule 3 (single-sex exceptions), Schedule 9 (occupational requirements). Use when: any trans inclusion question, any policy analysis, any proportionality assessment, any EqIA.