Protected Characteristic: What It Means & Why It Matters

Having knowledge of the term “protected characteristic” is important for any business professional. Protected characteristic is a term that refers to certain characteristics that employers are legally forbidden from considering when making decisions about employment. These characteristics include race, age, gender, disability, religious belief, sexual orientation, and more.

What Are Protected Characteristics?

Protected characteristics are those which are covered by the UK’s Equality Act of 2010, and describe specific physical and mental traits. This law makes it illegal to discriminate against individuals on the basis of their gender, disability, marital or civil partnership status, pregnancy or maternity, race, religion or belief, and sexual orientation.

It is important to note that the protected characteristics are not limited to hiring decisions. In addition to this, employers are legally forbidden from discriminating against employees in areas such as promotion, salary and benefits, training, job duties, and termination, on the basis of any of these characteristics.

Why Does This Matter?

The concept of protected characteristics is based on the idea that everyone should be provided equal opportunities regardless of their identity. When employers base decisions on characteristics like cultural background, disabilities, or marital status, it can lead to barriers in the workplace. These include difficulty in obtaining and keeping a job, or lack of progress in their career due to their specific characteristics.

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It is important for businesses to make sure they understand and adhere to the rules and regulations of the Equality Act in order to protect their employees from any negative consequences. Not only is this important to guarantee fairness in the workplace, it is also necessary to protect companies from any legal action that may arise due to discrimination.

Related Legal Concepts

Understanding protected characteristics is closely related to the concept of protected class, which serves a similar anti-discrimination function in various legal contexts. While protected characteristics primarily apply to employment settings under equality legislation, the broader principle of protecting individuals from discrimination based on inherent traits extends across multiple areas of law. These concepts work together to establish comprehensive frameworks that promote equal treatment and prevent unfair bias in both workplace and societal interactions.

The Bottom Line

Protected characteristics represent fundamental legal safeguards that ensure fair treatment in employment and other contexts by prohibiting discrimination based on inherent personal traits. Understanding these protections is essential for both employers seeking compliance and individuals recognizing their rights under anti-discrimination laws. For guidance specific to your situation, always consult a qualified, licensed attorney.