Equality Law

Equality Act 2010

Discrimination by association

Caring and dependency are not protected characteristics under the Equality Act 2010. However, it is direct discrimination if an education provider or employer treats a person less favourably because of their association with another person who has a protected characteristic (this does not apply to marriage and civil partnership or pregnancy and maternity).

Discrimination by association can occur in various ways, for example, where an employee or student has a relationship of parent, son or daughter, partner, carer or friend of someone with a protected characteristic such as disability or age. The association with the other person need not be a permanent one.

Section 75 of the Northern Ireland Act 1998

Applies in Northern Ireland

The protected characteristic of dependency is subject to the duty placed on public authorities (which includes the OU) to have due regard to the need to promote equality of opportunity:

• Between persons of different age, religious belief, political opinion, racial group, marital status or sexual orientation.
• Between men and women generally.
• Between persons with a disability and persons without.
• Between persons with dependants and persons without.

This entails more than the elimination of discrimination and requires proactive measures to be taken to ensure equality for people with caring and dependency responsibilities in our policies and decision-making.