Anti-discrimination legislation – a brief explanation

Adapted from the Commission for Racial Equality publication – ’Equal Opportunities is your business too’, 2004 and the Women & Equality Unit’s ‘Key Anti-Discrimination Legislation & International Obligations’, October 2003

Race

Race Relations Act 1976 & Race Relations (Amendment) Act 2000

The Race Relations Act 1976 & Race Relations (Amendment) Act 2000 makes discrimination on the grounds of race, colour, nationality (including citizenship), or ethnic or national origin unlawful. The law covers people from all racial groups, including white people. In 2000, the Act was amended so that it now includes all public authority functions not previously covered (with only limited exceptions). It also places a general duty on listed public authorities to promote race equality.

The Race Relations Act 1976 (Amendment) Regulations 2003

The Race Relations Act 1976 (Amendment) Regulations 2003 enhance the RRA by, for example, amending the definition of indirect discrimination, removing a number of exceptions from the legislation and extending protection from discrimination on the grounds of race and ethnic or national origin.

Gender

Sex Discrimination Act (SDA) 1975

The Sex Discrimination Act (SDA) 1975 makes discrimination on the grounds of sex or marriage unlawful. It is not unlawful to discriminate against someone because they are not married. Victimization, because someone has tried to exercise his or her rights under the Sex Discrimination Act or the Equal Pay Act, is also unlawful. The Sex Discrimination Act applies to women and men of any age, including children.

Sex Discrimination Act (SDA) 1975 (Amendment) Regulations 2003

The Sex Discrimination Act (SDA) 1975 (Amendment) Regulations 2003 came into force on the 19th July 2003. These regulations make it unlawful to discriminate against someone after the formal relationship with an employer had ended if the discrimination arises out of, and is closely connected to, that relationship; and make Chief Officers of police liable for unlawful acts of sex discrimination committed by police constables against other police constables in the course of their duties. (Source: Women & Equality Unit).

The Sex Discrimination (Gender Reassignment) Regulations 1999

‘The Sex Discrimination (Gender Reassignment) Regulations 1999 are a measure to prevent discrimination against transsexual people on the grounds of sex in pay and treatment in employment and vocational training. It extends the Sex Discrimination Act 1975 for the purposes of employment and vocational training by making discrimination on the grounds of gender reassignment equivalent to discrimination on the grounds of sex’ (Women & Equality Unit, ‘A guide to the Sex Discrimination (Gender Reassignment) Regulations 1999’).

Gender Recognition Act 2004

The Gender Recognition Act means that transsexual people will for the first time be afforded all the rights and responsibilities appropriate to their acquired gender. The Act gives transsexual people the right to marry, from the date of recognition, in their acquired gender; to be given birth certificates that recognise the acquired gender and to obtain benefits and state pension just like anyone else of that gender (visit the Gender Recognition Panel www.grp.gov.uk for further information or follow the link to the Department for Constitutional Affairs).

Equal Pay Act (EPA) 1970 (as amended)

The Equal Pay Act 1970 gives an individual a right to the same contractual pay and benefits as a person of the opposite sex in the same employment, where the man and the woman are doing like work, work rated as equivalent under an analytical job evaluation study or work that is proved to be of equal value. The employer will not be required to provide the same pay and benefits if it can prove that the difference in pay or benefits is genuinely due to a reason other than one related to sex (Source: Equal Opportunities Commission).

Equal Pay Act (EPA) 1970 (Amendment) Regulations 2003

The Equal Pay Act (EPA) 1970 (Amendment) Regulations 2003 introduced two amendments to the EPA. It allowed the six month time limit for bringing equal pay claims to be extended in cases of concealment or disability. It also allowed for the two-year limit on back pay to be extended to up to six years in cases of concealment and disability. The Regulations came into force on 19th July 2003.

Disability

Disability Discrimination Act (DDA) 1995

The Disability Discrimination Act deals with discrimination against disabled people and applies to all those who provide goods, facilities & services to the public. In April 2005, a new Disability Discrimination Act 2005 was passed by Parliament, which amends or extends existing provisions in the DDA 1995, including making it unlawful for operators of transport vehicles to discriminate against disabled people, ensuring that discrimination law covers all the activities of the public sector and a duty (requirement) for public bodies to promote equality of opportunity for disabled people. Some of the new laws will come into force in December 2005 and some in December 2006 (such as the duty to promote equality of opportunity for disabled people). To find out more about the legislation that is in place to promote civil rights for disabled people and protect disabled people from discrimination go to www.direct.gov.uk/DisabledPeople

Sexual orientation

Employment Equality (Sexual Orientation) Regulations 2003

These regulations outlaw discrimination (direct or indirect discrimination, harassment and victimisation) in employment and vocational training on the grounds of sexual orientation. It covers people whether they are gay, lesbian, bisexual or heterosexual. Discrimination on the grounds of perceived sexual orientation is also banned. The new legislation also protects those people who are discriminated against because of the sexual orientation of the people with whom they associate.

The Equality Act (Sexual Orientation) Regulations 2007

From 30 April 2007 regulations have also been made to present discrimination on the grounds of sexual orientation in the areas of the provision of goods, facilities and services.

Civil Partnership Act 2004

Civil Partnership is a completely new legal relationship which can be formed by two people of the same sex and is distinct from marriage. It gives same sex couples the ability to obtain legal recognition for their relationship. The Act will come into force on 5th December 2005. For more information on Civil Partnership Act, follow the link to the Women & Equality Unit.

Religion or belief

Employment Equality (Religion or Belief) Regulations 2003

This outlaws discrimination (direct or indirect discrimination, harassment and victimisation) in employment and vocational training on the grounds of religious belief or similar philosophical belief. Non-belief is also covered by the regulations.

Age

Employment Equality (Age) Regulations 2006

From 1 October 2006, the law protects workers from age discrimination. The Employment Equality (Age) Regulations make it illegal for employers to discriminate against employees, trainees or job seekers because of their age and ensure that all workers, regardless of age, have the same rights in terms of employment-related training (including further and higher education courses) and promotion. The regulations cover direct discrimination, indirect discrimination, harassment and victimisation.

Equality Act 2006

The Equality Act makes provisions to establish a single Commission, the Commission for Equality and Human Rights (CEHR), and define its purpose and functions, to replace the Equal Opportunities Commission (EOC), the Commission for Racial Equality (CRE) and the Disability Rights Commission (DRC).

The Equality Act 2006 also creates a duty on public authorities to promote equality of opportunity between women and men ('the gender duty'), and prohibit sex discrimination and harassment in the exercise of public functions (due in April 2007). This provision amends the Sex Discrimination Act of 1975 and the Equal Pay Act 1970 (as amended by the Employment Equality (Sex Discrimination) Regulations 2005.

The Equality Act also makes it unlawful to discriminate on the grounds of religion or belief in the provision of goods, facilities and services, the disposal and management of premises, education and the exercise of public functions.

The Equality Act also enables provision to be made to prohibit sexual orientation discrimination in the provision of goods, facilities and services, the disposal and management of premises, education and the exercise of public functions (due in 2007).

Other legislation

Human Rights Act (HRA) 1998

Human Rights Act incorporates rights under the European Convention of Human Rights into domestic law. Individuals can bring claims under the HRA against public authorities for breaches of Convention rights. UK courts and tribunals are required to interpret domestic law, as far as possible, in accordance with Convention rights. Previous case law may be overturned if there is a breach of Convention rights and the relevant law can be re-interpreted in a way which is compatible with Convention rights. Convention rights include a right not to be discriminated against on non-exhaustive grounds, which include that of sex, where another Convention right is engaged. For further information, see the Department of Constitutional Affairs Human Rights Unit.

Greater London Authority Act 1999

In November 1999, Parliament passed the Greater London Authority Act which set up the Greater London Authority (GLA) and its four functional bodies, Transport for London (TfL), London Development Agency (LDA), Metropolitan Police Authority (MPA) and London Fire and Emergency Planning Authority (LFEPA). The Act sets out all the main GLA arrangements and requires the GLA, MPA and LFEPA under Section 404 of the Act to:

have regard to the need to promote equality of opportunity for all persons irrespective of their race, sex, disability, age, sexual orientation or religion
eliminate unlawful discrimination; and
promote good relations between persons of different racial groups, religious beliefs and sexual orientation.

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QuickSearch Issues area only Advanced search See also The following pages on the MPA Website are relevant: The Discrimination Law Review MPA and MPS Joint Equality Statement Equality Impact Assessments Equality Standard for Local Government The following external websites are relevant: Advisory, Conciliation and Arbitration Service (Acas) Age Concern Commission for Racial Equality Commission for Equality and Human Rights Disability rights Commission DTI Employment Relations Directorate Equal Opportunities Commission Women & Equality Unit The following are available as PDF documents: MPA Equality and Diversity Policy Portable Document Format (PDF) files require Adobe Acrobat Reader, available as a free download from Adobe.			Views Print Accessible Actions Comment Report crime Report fraud Send
	Page summary This resource is from the Issues section. This page contains details of anti-discrimination legislation. Sections available here: Anti-discrimination legislation – a brief explanation Race Gender Disability Sexual orientation Religion or belief Age Other legislation Content Anti-discrimination legislation – a brief explanation Adapted from the Commission for Racial Equality publication – ’Equal Opportunities is your business too’, 2004 and the Women & Equality Unit’s ‘Key Anti-Discrimination Legislation & International Obligations’, October 2003 Race Race Relations Act 1976 & Race Relations (Amendment) Act 2000 The Race Relations Act 1976 & Race Relations (Amendment) Act 2000 makes discrimination on the grounds of race, colour, nationality (including citizenship), or ethnic or national origin unlawful. The law covers people from all racial groups, including white people. In 2000, the Act was amended so that it now includes all public authority functions not previously covered (with only limited exceptions). It also places a general duty on listed public authorities to promote race equality. The Race Relations Act 1976 (Amendment) Regulations 2003 The Race Relations Act 1976 (Amendment) Regulations 2003 enhance the RRA by, for example, amending the definition of indirect discrimination, removing a number of exceptions from the legislation and extending protection from discrimination on the grounds of race and ethnic or national origin. Gender Sex Discrimination Act (SDA) 1975 The Sex Discrimination Act (SDA) 1975 makes discrimination on the grounds of sex or marriage unlawful. It is not unlawful to discriminate against someone because they are not married. Victimization, because someone has tried to exercise his or her rights under the Sex Discrimination Act or the Equal Pay Act, is also unlawful. The Sex Discrimination Act applies to women and men of any age, including children. Sex Discrimination Act (SDA) 1975 (Amendment) Regulations 2003 The Sex Discrimination Act (SDA) 1975 (Amendment) Regulations 2003 came into force on the 19th July 2003. These regulations make it unlawful to discriminate against someone after the formal relationship with an employer had ended if the discrimination arises out of, and is closely connected to, that relationship; and make Chief Officers of police liable for unlawful acts of sex discrimination committed by police constables against other police constables in the course of their duties. (Source: Women & Equality Unit). The Sex Discrimination (Gender Reassignment) Regulations 1999 ‘The Sex Discrimination (Gender Reassignment) Regulations 1999 are a measure to prevent discrimination against transsexual people on the grounds of sex in pay and treatment in employment and vocational training. It extends the Sex Discrimination Act 1975 for the purposes of employment and vocational training by making discrimination on the grounds of gender reassignment equivalent to discrimination on the grounds of sex’ (Women & Equality Unit, ‘A guide to the Sex Discrimination (Gender Reassignment) Regulations 1999’). Gender Recognition Act 2004 The Gender Recognition Act means that transsexual people will for the first time be afforded all the rights and responsibilities appropriate to their acquired gender. The Act gives transsexual people the right to marry, from the date of recognition, in their acquired gender; to be given birth certificates that recognise the acquired gender and to obtain benefits and state pension just like anyone else of that gender (visit the Gender Recognition Panel www.grp.gov.uk for further information or follow the link to the Department for Constitutional Affairs). Equal Pay Act (EPA) 1970 (as amended) The Equal Pay Act 1970 gives an individual a right to the same contractual pay and benefits as a person of the opposite sex in the same employment, where the man and the woman are doing like work, work rated as equivalent under an analytical job evaluation study or work that is proved to be of equal value. The employer will not be required to provide the same pay and benefits if it can prove that the difference in pay or benefits is genuinely due to a reason other than one related to sex (Source: Equal Opportunities Commission). Equal Pay Act (EPA) 1970 (Amendment) Regulations 2003 The Equal Pay Act (EPA) 1970 (Amendment) Regulations 2003 introduced two amendments to the EPA. It allowed the six month time limit for bringing equal pay claims to be extended in cases of concealment or disability. It also allowed for the two-year limit on back pay to be extended to up to six years in cases of concealment and disability. The Regulations came into force on 19th July 2003. Disability Disability Discrimination Act (DDA) 1995 The Disability Discrimination Act deals with discrimination against disabled people and applies to all those who provide goods, facilities & services to the public. In April 2005, a new Disability Discrimination Act 2005 was passed by Parliament, which amends or extends existing provisions in the DDA 1995, including making it unlawful for operators of transport vehicles to discriminate against disabled people, ensuring that discrimination law covers all the activities of the public sector and a duty (requirement) for public bodies to promote equality of opportunity for disabled people. Some of the new laws will come into force in December 2005 and some in December 2006 (such as the duty to promote equality of opportunity for disabled people). To find out more about the legislation that is in place to promote civil rights for disabled people and protect disabled people from discrimination go to www.direct.gov.uk/DisabledPeople Sexual orientation Employment Equality (Sexual Orientation) Regulations 2003 These regulations outlaw discrimination (direct or indirect discrimination, harassment and victimisation) in employment and vocational training on the grounds of sexual orientation. It covers people whether they are gay, lesbian, bisexual or heterosexual. Discrimination on the grounds of perceived sexual orientation is also banned. The new legislation also protects those people who are discriminated against because of the sexual orientation of the people with whom they associate. The Equality Act (Sexual Orientation) Regulations 2007 From 30 April 2007 regulations have also been made to present discrimination on the grounds of sexual orientation in the areas of the provision of goods, facilities and services. Civil Partnership Act 2004 Civil Partnership is a completely new legal relationship which can be formed by two people of the same sex and is distinct from marriage. It gives same sex couples the ability to obtain legal recognition for their relationship. The Act will come into force on 5th December 2005. For more information on Civil Partnership Act, follow the link to the Women & Equality Unit. Religion or belief Employment Equality (Religion or Belief) Regulations 2003 This outlaws discrimination (direct or indirect discrimination, harassment and victimisation) in employment and vocational training on the grounds of religious belief or similar philosophical belief. Non-belief is also covered by the regulations. Age Employment Equality (Age) Regulations 2006 From 1 October 2006, the law protects workers from age discrimination. The Employment Equality (Age) Regulations make it illegal for employers to discriminate against employees, trainees or job seekers because of their age and ensure that all workers, regardless of age, have the same rights in terms of employment-related training (including further and higher education courses) and promotion. The regulations cover direct discrimination, indirect discrimination, harassment and victimisation. Equality Act 2006 The Equality Act makes provisions to establish a single Commission, the Commission for Equality and Human Rights (CEHR), and define its purpose and functions, to replace the Equal Opportunities Commission (EOC), the Commission for Racial Equality (CRE) and the Disability Rights Commission (DRC). The Equality Act 2006 also creates a duty on public authorities to promote equality of opportunity between women and men ('the gender duty'), and prohibit sex discrimination and harassment in the exercise of public functions (due in April 2007). This provision amends the Sex Discrimination Act of 1975 and the Equal Pay Act 1970 (as amended by the Employment Equality (Sex Discrimination) Regulations 2005. The Equality Act also makes it unlawful to discriminate on the grounds of religion or belief in the provision of goods, facilities and services, the disposal and management of premises, education and the exercise of public functions. The Equality Act also enables provision to be made to prohibit sexual orientation discrimination in the provision of goods, facilities and services, the disposal and management of premises, education and the exercise of public functions (due in 2007). Other legislation Human Rights Act (HRA) 1998 Human Rights Act incorporates rights under the European Convention of Human Rights into domestic law. Individuals can bring claims under the HRA against public authorities for breaches of Convention rights. UK courts and tribunals are required to interpret domestic law, as far as possible, in accordance with Convention rights. Previous case law may be overturned if there is a breach of Convention rights and the relevant law can be re-interpreted in a way which is compatible with Convention rights. Convention rights include a right not to be discriminated against on non-exhaustive grounds, which include that of sex, where another Convention right is engaged. For further information, see the Department of Constitutional Affairs Human Rights Unit. Greater London Authority Act 1999 In November 1999, Parliament passed the Greater London Authority Act which set up the Greater London Authority (GLA) and its four functional bodies, Transport for London (TfL), London Development Agency (LDA), Metropolitan Police Authority (MPA) and London Fire and Emergency Planning Authority (LFEPA). The Act sets out all the main GLA arrangements and requires the GLA, MPA and LFEPA under Section 404 of the Act to: have regard to the need to promote equality of opportunity for all persons irrespective of their race, sex, disability, age, sexual orientation or religion eliminate unlawful discrimination; and promote good relations between persons of different racial groups, religious beliefs and sexual orientation. Supporting material The following are available as PDF documents: MPA Equality and Diversity Policy Portable Document Format (PDF) files require Adobe Acrobat Reader, available as a free download from Adobe. Internal links The following pages on the MPA Website are relevant: The Discrimination Law Review MPA and MPS Joint Equality Statement Equality Impact Assessments Equality Standard for Local Government External links The following external websites are relevant: Advisory, Conciliation and Arbitration Service (Acas) Age Concern Commission for Racial Equality Commission for Equality and Human Rights Disability rights Commission DTI Employment Relations Directorate Equal Opportunities Commission Women & Equality Unit

Issues > Equality and Diversity > Anti-discrimination legislation
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