The Equality Act 2010 replaced all previous discrimination law. It has simplified the law and extends protection from discrimination in some areas.
School must adhere to the following:
- Protection against discrimination is extended to pupils who are pregnant or who have recently given birth, and pupils who are undergoing gender reassignment.
- It is now unlawful for employers to ask health related questions of applicants before job offer, unless the questions are specifically related to an intrinsic function of the work.
- New positive action provisions will allow schools to target disadvantage experienced by pupils with particular protected characteristics.
- It is now unlawful to victimise a pupil for anything done in relation to the Act by a sibling or parent.
- The Act will extend the reasonable adjustments duty to require schools to provide auxiliary aids and services to disabled pupils.
- The previous specific duties on schools have been combined into the new Public Sector Equality Duties (PSED)
- There is a requirement to have an Access Plan to improve access for disabled pupils
It is unlawful for a school to discriminate by treating individuals less favourably because of their:
- Religion or belief
- Sexual orientation
- Gender reassignment
- Marriage and Civil Partnership
Children and young people under the age of 18 have limited protection under the Age characteristic. It is lawful to treat people differently because of their age in circumstances where the law allows, or requires, people to be treated differently because of their age.