The 9 Protected Characteristics Under the Equality Act 2010

Disclaimer: This article provides general information about UK equality law and should not be considered legal advice. Employers and organisations should obtain professional legal advice for specific situations.

The nine protected characteristics under the Equality Act 2010 are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. The law makes it unlawful to discriminate against, harass or victimise someone because of one of these characteristics in employment, education and the provision of services.

For employers, managers and HR professionals, understanding protected characteristics is about far more than legal compliance. Equality legislation helps organisations create fairer workplaces, improve recruitment practices, reduce legal risk and build cultures where employees feel respected and valued. For workers and service users, these protections provide important safeguards against unfair treatment and exclusion.

The Equality Act 2010 forms the foundation of equality law across England, Scotland and Wales. It brought together a number of previous anti-discrimination laws into a single framework, making the legal position clearer for employers and individuals alike.

Last updated: June 2026
Author: Global Safety Academy Editorial Team
Technically reviewed by: Global Safety Academy Food Safety Quality Review Team

Quick Answer: What Are the 9 Protected Characteristics?

The nine protected characteristics protected by the Equality Act 2010 are:

• Age

• Disability

• Gender reassignment

• Marriage and civil partnership

• Pregnancy and maternity

• Race

• Religion or belief

• Sex

• Sexual orientation

It is unlawful to discriminate against, harass or victimise someone because of any of these characteristics in most areas of public life, including employment, education and the provision of services.

The Nine Protected Characteristics at a Glance

Why Does the Equality Act Protect These Characteristics?

Before the Equality Act 2010 came into force, discrimination law in Great Britain was spread across numerous pieces of legislation. Employers often had to navigate separate laws dealing with race discrimination, sex discrimination and disability discrimination, each with different rules and terminology.

The Equality Act simplified this landscape by creating a single legal framework covering most forms of discrimination. The legislation aims to ensure that decisions are based on merit, competence and objective criteria rather than assumptions, stereotypes or prejudice.

The law recognises that certain groups have historically experienced disadvantage or exclusion and that legal protections are necessary to promote equal opportunities across society.

For employers, this means equality considerations should form part of recruitment, promotion, performance management, disciplinary procedures and workplace culture rather than being treated as an isolated compliance exercise.

What Does the Equality Act Protect Against?

Many people assume discrimination only occurs when someone openly admits they treated another person unfairly because of their race, religion or age. In reality, equality law is considerably broader than this.

The Act protects individuals against four main types of unlawful behaviour:

• Direct discrimination

• Indirect discrimination

• Harassment

• Victimisation

Direct discrimination occurs when someone is treated less favourably because of a protected characteristic. Refusing to recruit a candidate because they are pregnant or dismissing an employee because of their religion would be examples of direct discrimination.

Indirect discrimination can be more difficult to identify because it usually involves policies or practices that appear neutral but place people with certain characteristics at a disadvantage. A requirement for all employees to work Saturdays, for example, may disproportionately affect employees whose religion requires Saturday observance.

Harassment involves unwanted conduct that creates an intimidating, hostile, humiliating or offensive environment. Victimisation occurs when someone suffers disadvantage because they raised a discrimination complaint or supported someone else's complaint.

Understanding these distinctions is important because many claims arise from poorly designed workplace policies rather than deliberate prejudice.

Protected Characteristic 1: Age

Age is one of the most misunderstood protected characteristics because many people assume it exists solely to protect older workers. In reality, the law protects individuals of all ages.

A younger employee denied promotion because they are considered "too inexperienced" may be protected by the Act just as much as an older worker who is overlooked because management assumes they are close to retirement.

Age discrimination can affect every stage of employment, including recruitment, promotion, training opportunities and redundancy decisions. Stereotypes frequently play a role in these cases. Older employees may be viewed as resistant to change or less capable of adapting to technology, while younger workers may be unfairly perceived as lacking maturity or leadership potential regardless of their actual abilities.

One feature that makes age discrimination unique is that it can sometimes be justified if an employer can demonstrate that the treatment represents a proportionate means of achieving a legitimate aim. This makes age different from characteristics such as race or sex, where direct discrimination is almost always unlawful.

For example, minimum age requirements for certain safety-critical roles may be legally defensible where there are genuine operational or safety reasons behind the restriction.

However, assumptions and stereotypes are never sufficient justification.

Examples of age discrimination include:

• Rejecting an applicant because they are considered "too old for the team culture."

• Refusing leadership opportunities to younger workers purely because of age.

• Excluding older employees from training because retirement is approaching.

• Advertising positions exclusively for "young and energetic" candidates.

Workplace Example

A company recruiting for a digital marketing manager decides not to interview applicants over the age of 50 because management believes younger candidates will naturally understand social media trends better.

Even if the employer genuinely believes this assumption to be true, age rather than competence has influenced the recruitment decision. This would likely amount to direct age discrimination.

Protected Characteristic 2: Disability

Disability protection is one of the most significant aspects of the Equality Act because employers are required not only to avoid discrimination but also to take positive steps to remove barriers experienced by disabled individuals.

The legal definition of disability is wider than many people realise. Under the Act, a disability is a physical or mental impairment that has a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities.

The phrase "substantial" does not mean severe. Instead, it means more than minor or trivial. Similarly, "long-term" generally means the condition has lasted or is likely to last for at least twelve months.

Some disabilities are immediately visible, while others are not. Mental health conditions, chronic illnesses and neurodivergent conditions may all fall within the legal definition depending on their impact on everyday life.

Conditions commonly protected under the Act include:

• Cancer

• Multiple sclerosis

• Diabetes

• Epilepsy

• Depression

• Anxiety disorders

• Autism spectrum conditions

• Visual and hearing impairments

Whether a condition qualifies ultimately depends on the effect it has on the individual rather than the diagnosis itself.

Reasonable Adjustments

One of the most important duties placed on employers is the obligation to make reasonable adjustments where workplace arrangements disadvantage disabled employees.

The purpose of adjustments is not to provide an advantage but to remove unnecessary barriers that prevent disabled people from participating equally in work.

Examples may include:

• Providing specialist software or equipment.

• Allowing flexible working arrangements.

• Adjusting working hours.

• Modifying recruitment processes.

• Providing additional training support.

What is considered reasonable depends on factors such as cost, practicality and the size and resources of the organisation.

Workplace Example

An employee develops arthritis that significantly affects typing speed and dexterity. Rather than assuming the employee can no longer perform their duties, the employer should consider whether voice recognition software, ergonomic equipment or amended duties would remove the disadvantage.

Failing to consider these adjustments could itself amount to unlawful discrimination.

Protected Characteristic 3: Gender Reassignment

The Equality Act protects individuals who are proposing to undergo, are undergoing or have undergone a process of gender reassignment.

One of the most important aspects of this protection is that medical treatment is not required. A person does not need surgery, hormone treatment or legal gender recognition in order to receive protection under the Act.

The legislation recognises that transition is often a personal and individual process that may involve social, legal or medical changes depending on the circumstances of the individual.

Discrimination may occur during recruitment, promotion decisions, workplace interactions or access to facilities. In many cases, complaints arise from workplace culture rather than formal management decisions.

Examples of unlawful behaviour may include:

• Deliberately using incorrect names or pronouns after correction.

• Excluding an employee from workplace activities because they are transitioning.

• Making jokes or derogatory comments regarding gender identity.

• Refusing opportunities because of concerns about customer reactions.

Employers should also handle information relating to transition sensitively and confidentially.

Workplace Example

An employee informs their manager that they intend to transition and begin using a different name at work. Shortly afterwards they are removed from a customer-facing role because management fears clients may react negatively.

This would likely amount to direct discrimination because the employee's gender reassignment has directly influenced the employer's decision.

Protected Characteristic 4: Marriage and Civil Partnership

Marriage and civil partnership is one of the least understood protected characteristics because many people incorrectly assume it applies to all relationship statuses.

In reality, the protection applies specifically to individuals who are legally married or in a civil partnership. It does not apply to people who are single, engaged, divorced or living together without formal legal recognition.

Unlike most other protected characteristics, this protection mainly applies in employment rather than in the wider provision of goods and services.

Although claims are relatively uncommon, assumptions about marital status can still influence workplace decisions.

Managers may incorrectly assume married employees are less willing to relocate, less flexible with working hours or less interested in career progression opportunities involving travel.

These assumptions should never influence decisions regarding recruitment, promotion or training.

Workplace Example

A business refuses to consider a married employee for an international assignment because management assumes they will not wish to relocate with their family.

If the decision was based on assumptions rather than discussions with the employee, it could amount to unlawful discrimination.

Protected Characteristic 5: Pregnancy and Maternity

Pregnancy and maternity protections are among the strongest rights contained within UK employment law.

Historically, pregnancy was one of the most common causes of workplace disadvantage for women. The Equality Act therefore provides specific protections designed to ensure employees are not forced to choose between family life and career progression.

Protection begins when pregnancy starts and continues throughout maternity leave and the return-to-work period.

Employers cannot lawfully refuse recruitment opportunities because an applicant is pregnant, nor can they remove responsibilities, deny promotion opportunities or alter treatment because an employee intends to take maternity leave.

Pregnancy-related illness receives additional protection and should not be treated in the same way as ordinary sickness absence when considering attendance records or disciplinary action.

Some of the most common examples of pregnancy discrimination include:

• Removing clients or projects after pregnancy is announced.

• Assuming an employee is no longer interested in promotion opportunities.

• Excluding pregnant employees from training programmes.

• Making redundancy decisions influenced by maternity leave.

Many managers believe they are acting supportively when making decisions on behalf of pregnant employees. However, removing opportunities because someone is pregnant is often discriminatory regardless of the employer's intentions.

Workplace Example

A manager decides not to offer a promotion opportunity to a pregnant employee because they believe additional responsibility would create unnecessary stress during pregnancy.

Although the decision may appear well-intentioned, making assumptions about the employee's preferences rather than allowing them to decide for themselves is likely to constitute unlawful discrimination.

The first five protected characteristics demonstrate how the Equality Act seeks to ensure decisions are based on ability, merit and objective evidence rather than stereotypes or assumptions. The remaining four protected characteristics are equally important and cover some of the most common discrimination issues encountered in modern workplaces.

Protected Characteristic 6: Race

Race is one of the oldest protected characteristics in UK equality law and remains one of the most common areas of discrimination complaints in workplaces and public services.

Under the Equality Act 2010, race includes:

• Colour

• Nationality

• Ethnic origin

• National origin

This definition is considerably broader than many people realise. Race discrimination does not only involve skin colour or ethnicity. Treating somebody unfairly because of their nationality or national background can also constitute unlawful discrimination.

Race discrimination can occur in recruitment, promotion decisions, customer interactions, disciplinary procedures and workplace culture. In some cases the discrimination is obvious and deliberate. In others, it arises from unconscious bias, assumptions or organisational practices that disproportionately disadvantage certain groups.

For example, an employer who consistently recruits only from particular universities or social networks may unintentionally reduce opportunities for individuals from certain ethnic communities. Similarly, requiring "native English speakers" for roles where this is unnecessary may indirectly discriminate against some applicants.

Employers should also be aware that racial harassment can occur between colleagues, customers and third parties. Offensive jokes, stereotypes, comments about accents or assumptions about cultural backgrounds can all create hostile working environments.

Workplace Example

A qualified candidate is rejected for a customer-facing role because management believes customers would prefer dealing with someone "more local." Even if the employer believes this reflects customer preferences, using nationality or ethnic origin as a recruitment factor would likely amount to direct race discrimination.

Indirect Race Discrimination

Indirect race discrimination is often less obvious than direct discrimination and may arise through policies that appear neutral on the surface.

Examples might include:

• Dress code policies that unnecessarily restrict cultural clothing.

• Recruitment practices relying heavily on employee referrals.

• Language requirements that exceed the needs of the role.

Organisations should regularly review workplace policies to ensure they do not disproportionately disadvantage particular ethnic or national groups without objective justification.

Protected Characteristic 7: Religion or Belief

The Equality Act protects people because of their religion, their philosophical beliefs or because they have no religion or belief at all.

Religious protection extends to major world religions as well as smaller faith groups. Protection for belief is wider than many employers realise and may include genuinely held philosophical beliefs that meet legal criteria established through case law.

Importantly, the legislation also protects individuals who are atheist, agnostic or who choose not to follow any religion.

Religion and belief discrimination often arises because organisations fail to consider how policies affect individuals with different religious practices or beliefs. Flexible working arrangements, dress codes, prayer facilities and leave requests can all become areas of difficulty if organisations adopt unnecessarily rigid approaches.

Balancing competing rights can sometimes be challenging. Employers may need to consider the rights of different individuals while ensuring that decisions remain lawful, proportionate and evidence based.

Examples of protected religions and beliefs include:

• Christianity

• Islam

• Judaism

• Hinduism

• Sikhism

• Buddhism

• Humanism

• Atheism

Not every personal opinion qualifies as a protected philosophical belief. The courts have generally required beliefs to demonstrate seriousness, coherence and importance rather than simply reflecting personal preferences or political opinions.

Workplace Example

An employee requests a short adjustment to break arrangements to allow time for prayer during the working day. The employer refuses without considering whether accommodation is possible despite the minimal operational impact.

Depending on the circumstances, this could potentially amount to indirect discrimination.

Dress Codes and Religion

Dress codes often create equality issues where organisations fail to consider religious requirements.

Items such as head coverings, turbans and religious jewellery may form an important part of religious observance. Restrictions should therefore only be introduced where there is a legitimate and proportionate justification, such as genuine health and safety concerns.

Protected Characteristic 8: Sex

Sex discrimination protections apply because an individual is male or female.

Although sex discrimination legislation has existed in Britain for many decades, workplace disputes relating to sex discrimination remain common. Issues involving recruitment, promotion opportunities, flexible working arrangements and pay continue to generate complaints and tribunal claims.

Sex discrimination affects both men and women. While women have historically experienced higher levels of disadvantage in many employment contexts, the legal protections apply equally to both sexes.

Examples of sex discrimination can range from obvious decisions based directly on gender to more subtle assumptions about roles and responsibilities.

Managers may assume women with young children are less interested in career progression or international assignments. Equally, men may face assumptions regarding caring responsibilities or requests for flexible working arrangements.

These assumptions, even where well intentioned, can still lead to unlawful decisions.

Examples of sex discrimination include:

• Refusing promotion because of gender stereotypes.

• Making recruitment decisions based on assumptions about childcare responsibilities.

• Applying workplace rules differently to men and women.

• Providing unequal opportunities for advancement.

Equal Pay

One of the most significant areas of sex discrimination law concerns equal pay.

Employees performing equal work are generally entitled to equal pay regardless of whether they are male or female. Equal pay disputes can involve salary, bonuses, overtime arrangements, pension contributions and other benefits.

Large organisations increasingly review pay structures to identify unexplained differences and reduce legal risk.

Workplace Example

A female employee repeatedly achieves stronger performance results than her colleagues but is overlooked for promotion because senior management believe clients prefer dealing with male managers in leadership positions.

Such treatment would almost certainly amount to direct sex discrimination.

Protected Characteristic 9: Sexual Orientation

Sexual orientation protections apply regardless of whether an individual is heterosexual, gay, lesbian or bisexual.

The law protects people not only because of their actual sexual orientation but also because of perceived sexual orientation or association with others who belong to protected groups.

Workplace culture plays a significant role in sexual orientation discrimination cases. In many situations, organisations may have robust formal policies while still allowing inappropriate comments, jokes or behaviours to continue unchecked.

Employees should not feel pressured to hide aspects of their personal lives that colleagues routinely discuss without concern.

Creating inclusive workplaces requires more than simply avoiding discrimination claims. It involves ensuring employees feel comfortable participating fully in workplace life without fear of ridicule or exclusion.

Examples of sexual orientation discrimination include:

• Refusing promotion opportunities because of sexuality.

• Excluding employees from workplace events or networking opportunities.

• Making offensive jokes relating to sexual orientation.

• Treating employees differently after learning about their sexuality.

Workplace Example

A manager removes an employee from a client account after discovering the client holds negative views about the employee's sexual orientation.

Even if the employer believes they are protecting the employee or preserving commercial relationships, accommodating discriminatory preferences is unlikely to provide a lawful defence.

Where Does the Equality Act Apply?

Many people assume equality law applies only in workplaces. In reality, the legislation operates across a wide range of areas within public life.

Employment remains one of the most significant areas because employers make decisions affecting recruitment, promotion, training, pay and dismissal. However, educational institutions, service providers and public authorities also have legal responsibilities.

The legislation generally applies to:

• Employment and recruitment.

• Schools, colleges and universities.

• Shops and service providers.

• Housing providers.

• Public authorities and government bodies.

• Professional organisations and membership bodies.

The precise legal obligations differ depending on the circumstances, but the overall principle remains the same: people should not be disadvantaged because of protected characteristics.

What Does "Because Of" a Protected Characteristic Mean?

One of the most important concepts within equality law is causation. The question is often whether the treatment occurred because of a protected characteristic.

Importantly, protection can sometimes apply even where the individual does not personally possess the characteristic.

Associative Discrimination

Associative discrimination occurs when somebody is treated less favourably because of their connection with another person who has a protected characteristic.

A common example involves caring responsibilities.

An employee caring for a disabled child may experience unfavourable treatment because managers assume they will be less reliable or less committed to work. Although the employee is not disabled themselves, the discrimination arises because of their association with somebody who is.

Perceptive Discrimination

Perceptive discrimination occurs when somebody is treated less favourably because others believe they possess a protected characteristic, regardless of whether that belief is correct.

For example, an applicant may be rejected because an employer incorrectly assumes their religion or sexual orientation.

The law recognises that discrimination causes harm regardless of whether assumptions are accurate.

What Is Not a Protected Characteristic?

One of the most common misconceptions surrounding the Equality Act is that every form of unfair treatment amounts to unlawful discrimination.

This is not the case.

Characteristics that are not protected under the Equality Act include:

• Social class.

• Appearance.

• Education level.

• Political opinion.

• Employment status.

• Accent.

• Income level.

This does not necessarily mean unfair treatment based on these factors is acceptable or appropriate. Organisations may choose to include additional protections within internal policies and codes of conduct.

However, they are not among the nine protected characteristics recognised by the Equality Act 2010.

Why Protected Characteristics Matter for Employers

For employers, understanding protected characteristics is not simply about avoiding employment tribunals.

Inclusive organisations often experience wider benefits including improved recruitment outcomes, stronger employee engagement and better retention rates. Diverse teams may also bring broader perspectives, improved problem solving and greater innovation.

The most effective organisations move beyond compliance and focus on creating workplace cultures where equality principles are embedded within everyday decision-making.

Practical steps may include:

• Regular equality training.

• Reviewing recruitment processes.

• Monitoring workplace data.

• Updating policies regularly.

• Providing management guidance on inclusion issues.

Training is particularly important because many discrimination issues arise through misunderstanding rather than deliberate misconduct.

Final Thoughts

The Equality Act 2010 created a single framework for protecting individuals from discrimination across Great Britain. At the centre of this framework sit the nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

Understanding these protections is essential for employers, managers and employees alike. Decisions relating to recruitment, promotion, workplace policies and customer services should be based on objective criteria rather than assumptions or stereotypes linked to protected characteristics.

Organisations that understand equality obligations are better positioned to reduce legal risk, improve workplace culture and create environments where people can contribute fully regardless of background or identity.

Sources and Further Reading

This article is based on primary UK legislation and official guidance, including:

• Equality Act 2010, sections 4-12, which define the nine protected characteristics.

• Equality and Human Rights Commission (EHRC) guidance on discrimination and protected characteristics.

• Acas guidance on equality, diversity and discrimination in the workplace.

• GOV.UK guidance on discrimination rights and legal protections.

Official sources:

• Equality Act 2010: https://www.legislation.gov.uk/ukpga/2010/15

• Equality and Human Rights Commission: https://www.equalityhumanrights.com

• Acas Equality and Diversity Guidance: https://www.acas.org.uk

• GOV.UK Discrimination Rights Guidance: https://www.gov.uk/discrimination-your-rights

Related Equality and Diversity Resources

If you found this guide useful, you may also find the following resources helpful:

• Equality, Diversity and Inclusion Hub

• Types of Discrimination Explained

• Reasonable Adjustments in the Workplace

• Equality Act Disability Duties for Employers

These resources explore the practical application of equality law and workplace inclusion in greater detail.

Equality, Diversity and Inclusion Training

Understanding the Equality Act is only one part of building an inclusive workplace culture. Effective Equality, Diversity and Inclusion training helps organisations recognise discrimination risks, understand legal responsibilities and develop practical strategies for creating respectful workplaces.

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