20
votes
Is it legal for a disability accomodation to inconvenience able-bodied people?
Yes
Being disabled is a protected class under the Equality Act. being a cyclist isn’t. The landlord has to make reasonable accomodations for her, he doesn’t have to for you.
- 227k
14
votes
Accepted
Do soldiers have a greater duty to women and children than to men in case of a shipwreck?
The quoted passage is from R v Dudley and Stephens (1884) 14 QBD 273, a famous case because of its colourful circumstances (shipwreck, murder, cannibalism) and for its relevance to the notion of ...
- 8,512
7
votes
is the duty to make reasonable adjustments reflexive?
Lets for the sake of understanding take an example we can talk about. Let's say Bob has problems with his back and needs a desk that he can either sit or stand at.
Every company has procedures. Bob ...
- 10.2k
6
votes
Accepted
What does criterion 2 of the Grainger test mean?
This criterion is presented in Grainger Plc & Ors v. Nicholson (2009), [2010] IRLR 4 (EAT) at paragraph 24 (emphasis mine):
(ii) It must be a belief and not, as in McClintock, an opinion or ...
- 72.9k
5
votes
Do soldiers have a greater duty to women and children than to men in case of a shipwreck?
This doesn't necessarily apply in times of war only. Some countries have civil laws that (still) require good seamanship, the old way.
For instance in switzerland (I know, not really the greatest of ...
- 7,855
5
votes
Is it legal to offer a scholarship only for female applicants?
Maybe
s158 of the Equality Act 2010 allows proportionate action to redress disadvantage, different needs or disproportionately low participation by people with a protected characteristic.
For example, ...
- 227k
5
votes
What is the implementation cost threshold for a requested reasonable adjustment to become unreasonable?
Whatever is reasonable in the circumstances
There is no fixed amount, that’s why they used the word “reasonable”. It depends not just on the cost, but the resources of the employer, the value-add the ...
- 227k
4
votes
Accepted
Is it indirect discrimination or otherwise unlawful to maintain a menu that does not include vegan options?
Caveat about the "Grainger test" as applied to veganism
Grainger plc v Nicholson is a 2010 employment discrimination case. It established a five-point test for whether a philosophical belief ...
- 604
4
votes
Accepted
Refusal of service to single customers
One question - does this policy of the restaurant, if it is a policy, have a disparate impact on people of a protected characteristic due to a tenuous connection that unmarried people might have a ...
- 13.3k
4
votes
Refusal of service to single customers
Bob walked past a restaurant and saw 35% of their tables are empty, so they are reasonably busy, but have plenty of open tables.
He asks to be seated as a party of one, but is told in a most palpably ...
4
votes
Accepted
What burden of proof is needed on factual aspects of discrimination claims to invoke the statutory provision for shifting the overall burden of proof?
The question refers to Section 136 of the Equality Act 2010. The Equality Act unified several different previous legal regimes relating to various kinds of discrimination - on the basis of sex, race, ...
- 8,512
3
votes
Does anything like “indirect discrimination” or the “duty to make reasonable adjustments” exist in the U.S.?
Question 1
Does anything like “indirect discrimination” ... exist in the U.S.?
In the U.S., "indirect discrimination" is known as "disparate impact."
Question 2
Does anything ...
- 72.9k
3
votes
Is it a breach of the PSED for the Secretary of State to declare Hamas but not the IDF or Likud a proscribed terrorist organisation?
The public sector equality duty (PSED) at section 149 Equality Act 2010 has nothing to do with overseas terror groups.
Aside from the lack of extraterritorial scope, none of the protected ...
- 19.5k
3
votes
Is it a breach of the PSED for the Secretary of State to declare Hamas but not the IDF or Likud a proscribed terrorist organisation?
See R (on the application of Marouf) v Secretary of State for the Home Department [2023] UKSC 23.
The public sector equality duty does not have extraterritorial scope. The duty has the purpose of ...
- 72.9k
3
votes
Accepted
What is the judicial rationale for introducing the grainger test to qualify beliefs?
As revised, I think this question is really asking why the judge in Grainger plc v Nicholson [2009] UKEAT 0219_09_0311 laid down the test that he did, when the statutory provision at hand used more ...
- 8,512
3
votes
What is the judicial rationale for introducing the grainger test to qualify beliefs?
It does mean any religious or philosophical belief
The Grainger test is a test to determine what qualifies as a religious or philosophical belief as opposed to any sophistry a plaintiff might espouse.
...
- 227k
3
votes
What are non-physiological aspects of sex?
The cited provision is:
A person has the protected characteristic of gender reassignment if the person is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the ...
- 8,512
2
votes
Can someone claim compensation for discrimination even if they weren't personally affected by it?
My read of the decision is that it would be only the subset of males who:
A.) Ordered Pink IPA during the promotional period it was available
AND
B.) were under no other restrictions (i.e. Legal ...
- 23.2k
2
votes
What was the importance of Dr. Bower's attempts to purchase Brewdog's Pink IPA, both successful and unsuccessful, to his claim?
You must have a sufficient connection to the harm
One of the key factors for taking legal action is the concept of standing.
Standing is complicated, but, in brief, the act or omission complained of ...
- 227k
2
votes
Accepted
What laws have amended the Equality Act 2010?
This is the list of changes made to the Equality Act 2010 since its enactment. You can also view the entire Act, as amended to date here. After each section, it lists the revisions since inception. ...
- 72.9k
2
votes
Is it indirect discrimination or otherwise unlawful to maintain a menu that does not include vegan options?
Under the Equality Act 2010 in the UK, it is illegal to discriminate against someone because of their philosophical belief, including veganism, if that belief is considered a "protected ...
- 395
2
votes
Accepted
Is the City of London fully subject to the Public Sector Equality Duty?
The City of London Corporation has public functions, private functions and charitable functions.
With regard to the Public Sector Equality Duty (PSED), the City's public functions are in scope and its ...
- 19.5k
2
votes
is the duty to make reasonable adjustments reflexive?
It's not necessarily unlawful for an employee to have to seek authorisation from senior colleagues to make a decision, to ask senior colleagues to make a decision, or ask other colleagues to make ...
- 19.5k
1
vote
Can selective assertion/enforcement of legitimate rights be discriminatory?
Yes
Discrimination is as much in what you do as it is in what you say.
- 227k
1
vote
What is an example of “shifting the burden of proof”?
There are different things which stand to be proved, and the burden of proof lies differently for them.
Subsections (2) and (3) say:
(2) If there are facts from which the court could decide, in the ...
- 8,512
Only top scored, non community-wiki answers of a minimum length are eligible