Question

Difficulty: MediumTreating Others with Fairness

Under the Equality Act 2010, the responsibility to treat others with fairness applies to many areas of public life, including employment and the provision of services. Which of the following scenarios describes a situation where an individual's rights are being violated through unlawful discrimination?

  1. A
    A landlord refuses to rent a property to a potential tenant because they are unable to provide a UK-based guarantor for the lease.
  2. A shopkeeper refuses to serve a customer because they are undergoing gender reassignment.Answer
  3. C
    An employer refuses to hire a candidate who is unable to provide evidence that they have the legal right to work in the UK.
  4. D
    A public library refuses entry to a person who is using their freedom of speech to shout offensive insults at other visitors.

Answer

The correct answer identifies that refusing to serve a customer because they are undergoing gender reassignment is a form of unlawful discrimination.
The correct answer identifies a violation of the Equality Act 2010 because gender reassignment is one of the nine protected characteristics. Refusing to provide a service based on this characteristic is illegal and contradicts the fundamental responsibility to treat others with fairness.

Step-by-Step Solution

1
Recall the legal framework for fairness in the UK.
The Equality Act 2010 protects individuals from unfair treatment based on nine specific 'protected characteristics'.
This is the primary law governing the responsibility to treat others with fairness.
2
Evaluate the scenarios against the list of protected characteristics (age, disability, gender reassignment, marriage/civil partnership, pregnancy/maternity, race, religion/belief, sex, sexual orientation).
Gender reassignment is a protected characteristic, while requiring a guarantor or checking the right to work are standard legal or business procedures.
This distinguishes between illegal discrimination and lawful requirements.
3
Consider the limits of rights such as freedom of speech.
Rights like freedom of speech are not absolute and do not permit the harassment of others.
This confirms that maintaining order in a public space is not a violation of the Equality Act 2010.

Key Concept

Protected Characteristics and the Equality Act 2010
Estimated Time:1m 15s
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