Equality Act 2010
The new Equality Act 2010 was intended to include all of the safeguards of existing discrimination laws, as well as updating and improving them, and making the law more coherent and consistent. Some people feel that the new act could limit religious freedom. A small number of Roman Catholic Bishops of England and Wales made claims that they could be prosecuted under the Equality Act 2010 for refusing to allow married men, women, transsexual people and gay people into the priesthood. Prominent Anglicans also suggested amendments to the Bill to ensure it couldn't be used to force the Church to, for example, allow gay weddings in churches.
Under the Equality Act 2010, an employer is not allowed to:
- Discriminate directly by treating a job applicant or employee less favourably than others because of religion or belief.
- Discriminate indirectly by applying a provision, criterion or practice that disadvantages job applicants or employees of a particular religion or belief without a good reason.
- Subject a job applicant or employee to harassment related to religion or belief.
- Victimise a job applicant or employee because they have made or intend to make a religion or belief discrimination complaint.
Religion or belief discrimination may be permitted in certain limited circumstances. For example:
- Where there is an occupational requirement (OR) for an employee to be of a particular religion or belief.
- Positive action, but not positive discrimination, may be permitted to address existing inequalities.
- Where the job is for a teacher in a denominational school.
- Special rules apply to Sikhs working on building sites
