Discrimination occurs when an individual or a group of people are treated less favourably than others based on a protected characteristic such as age, disability, gender reassignment, marriage and civil partnership (in employment), pregnancy and maternity, race, religion or belief (including lack of belief), sex or gender, sexual orientation.
The Equality Act (2010) sets out three types of unlawful discrimination: direct discrimination, indirect discrimination, and discrimination arising from a disability.
The Equality Act (2010) sets out three types of unlawful discrimination: direct discrimination, indirect discrimination, and discrimination arising from a disability.
Direct discrimination
Direct discrimination occurs when you treat a person less favourably than you treat (or would treat) another person because of a protected characteristic as laid out in The Equality Act (2010):
- age
- disability
- gender reassignment
- marriage and civil partnership
- pregnancy and maternity
- race
- religion or belief (including lack of belief)
- sex
- sexual orientation
This could be refusing to give someone a job because of their race or not admitting them on to a course because of their religious beliefs.
Indirect discrimination
Indirect discrimination occurs when you apply a provision, criteria or practice in the same way for everyone but this has the effect of putting people sharing a protected characteristic at a particular disadvantage. It doesn’t matter that you did not intend to disadvantage that group. What does matter is whether your action does or would disadvantage that group in some way.
Indirect discrimination will occur if the following three conditions are met:
- the provision, criterion or practice is applied or would be applied equally to all people, including a particular person or group with a protected characteristic;
- the provision, criterion or practice puts or would put people sharing a protected characteristic at a particular disadvantage compared to relevant people who do not share that characteristic; and
- the provision, criterion or practice puts or would put the particular person or group at that disadvantage, and it cannot be shown that the provision, criteria or practice is justified as a ‘proportionate means of achieving a legitimate aim’.
'Hate incidents' and 'hate crimes' are terms used to describe acts of hostility, prejudice or violence directed at people because of who they are or who someone thinks they are. They are motivated by hostility or prejudice based on a person's disability, race, gender, sexuality, religion or transgender identity.
Hate Incidents
Some examples of hate incidents include;
- verbal abuse
- harassment
- bullying or intimidation
- physical attacks such as pushing or spitting
- threats of violence
- hoax calls, abusive phone or text messages, hate mail
- online abuse
- displaying or circulating discriminatory literature or posters
- harm or damage to things such as your home, pet, or vehicle
- graffiti
However, please know that this is not a full list. Just because something isn’t included here doesn’t mean it isn’t a hate incident.
Hate Crime
When hate incidents become criminal offences they are known as hate crimes. A criminal offence is something that breaks the law. Some examples of hate crimes include:
- assaults
- criminal damage
- harassment
- sexual assault
- theft
- fraud
- burglary
- hate mail
Race and Religious Hate Crime
Racist and religious crime is particularly hurtful to victims as they are being targeted solely because of their personal identity: their actual or perceived racial or ethnic origin, belief or faith. These crimes can happen randomly or be part of a campaign of continued harassment and victimisation.
- Citizens Advice on Racist and Religious Hate Crime. Citizens Advice provides further information on racist and religious hate crime.
- CPS Policy on Prosecuting Racist & Religious Hate crimes. The Crown Prosecuting Service sets out their policy and provides further information.
Homophobic and Transphobic Hate Crime
In the past, incidents against lesbian, gay, bisexual people or transgender people have been rarely reported and even more rarely prosecuted. Research studies suggest that victims of, or witnesses to, such incidents have very little confidence in the criminal justice system.
- Citizens Advice on Homophobic and Transphobic Hate Crime. Citizens Advice provides further information on homophobic and transphobic hate crime
- CPS policy on Prosecuting Homophobic and Transphobic Hate Crimes. The Crown Prosecuting Service sets out their policy and provides further information.
Disability Hate Crime
Feeling and being unsafe through violence, harassment or negative stereotyping has a significant impact on disabled people's sense of security and wellbeing. It also impacts significantly on their ability to participate both socially and economically in their communities.
- Citizens Advice on Disability Hate Crime. Citizens Advice provides further information on disability related hate crime.
- CPS policy on prosecuting Disability Hate Crimes. The Crown Prosecuting Service sets out their policy and provides further information.
Find out more
- True Vision offers guidance on reporting hate crime and hate incidents. If you do not wish to talk to anyone in person about the incident or wish to remain anonymous there is an online form for reporting hate crime; you can report non-crime hate incidents to the police to try and prevent any escalation in seriousness.
- Internet Hate Crime. True Vision also provide further information on internet hate crime.