What is Protected Characteristic?

Full Definition

A protected characteristic is one of nine specific personal characteristics defined by the Equality Act 2010, against which it is unlawful to discriminate, harass or victimise someone in employment, education, the provision of goods and services, and other areas of public life. The nine protected characteristics are: age; disability; gender reassignment; marriage and civil partnership (in the employment context only); pregnancy and maternity; race (which includes colour, nationality, and ethnic or national origin); religion or belief (including lack of belief); sex; and sexual orientation. The Act protects against several distinct forms of unlawful treatment linked to these characteristics: direct discrimination (treating someone less favourably because of a protected characteristic), indirect discrimination (applying a rule or practice that disadvantages people who share a characteristic, without objective justification), harassment (unwanted conduct related to a characteristic that violates dignity or creates a hostile environment), and victimisation (treating someone badly because they have made or supported a complaint about discrimination). For disability specifically, the Act also imposes a positive duty to make reasonable adjustments, going beyond simply avoiding less favourable treatment. Someone does not need to personally hold a protected characteristic to bring a claim in every case -- discrimination by association (for example, treating someone worse because their child is disabled) and discrimination by perception (treating someone worse because they are wrongly believed to have a characteristic, such as a particular religion) can also be unlawful. Claims are usually brought at an Employment Tribunal for workplace discrimination, generally within three months of the discriminatory act, often preceded by ACAS Early Conciliation.

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