The forms of unlawful treatment the Equality Act 2010 prohibits — from direct and indirect discrimination to harassment and victimisation — and the elements each one requires.
Spotting which form of prohibited conduct fits the facts is half the battle, because each has its own elements, comparators and defences. This chapter starts with direct discrimination — including perception, association and the comparator requirement — before turning to the special regime for pregnancy and maternity and the narrow occupational requirement exception. It then works through indirect discrimination and its justification test, the disability-specific concepts of discrimination arising from disability and the duty to make reasonable adjustments, and the distinct wrongs of harassment and victimisation. It closes with who can be held liable, including accessory and personal liability, and how the shifting burden of proof operates once a claimant establishes a prima facie case.
