Equal opportunities and discrimination

Workplace discrimination law relates to discrimination arising from workplace issues including: dismissal, employment terms and conditions, pay and benefits, promotion and transfer opportunities, training, recruitment, redundancy.

Workplace discrimination laws protect job applicants, current and former employees and non-employee workers or consultants. There are certain characteristics which are covered by discrimination regulations (known as 'protected characteristics'). These are: sex, race, disability, pregnancy, sexual orientation, gender reassignment, marital or civil partner status, religion or belief, and age.

In Scotland, specific duties apply in circumstances where a public authority awards a contract or a framework agreement, provided that it is covered by the Public Contracts (Scotland) Regulations 2015. This is the case where a public authority:

• awards a contract or framework agreement on the grounds of the most economically advantageous offer. If this is the case, the public authority must consider if the award criteria should include considerations to better perform the duty to ensure equality

• proposes to specify performance conditions in a contract or framework agreement. If this is the case, the public authority must consider if these conditions should include considerations to better perform the duty to ensure equality.

The prohibited behaviours are:

• direct discrimination - less favourable treatment based directly on the protected characteristic (eg 'we prefer to recruit over 30s'). There is rarely a legal defence once direct discrimination is proved

• indirect discrimination - where a set of criteria or requirement is applied equally but disadvantages a protected group (eg a requirement to work full time indirectly discriminates against women, due to child-care). Indirect discrimination is lawful if it is a proportionate means of achieving a legitimate aim

• harassment - unwanted conduct violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment and

• victimisation - detrimental treatment in response to making or supporting a discrimination claim (whether or not the claim is correct)