The Equality Act 2010 – impact on voluntary sector
The Equality Act brings together and extends the UK’s equality law. Some of the key changes come into effect on 01 October 2010. The new regulations will protect those who are discriminated against because of their disability, gender reassignment, pregnancy, race, religion or belief, sex and sexual orientation. These are known as “protected characteristics”.
The new rules apply to all organisations providing goods and services to the public, including those in the voluntary sector. It also applies to private clubs and other associations of more than 25 members.
Under the old rules, it was difficult to understand the circumstances when positive action to help disadvantaged people would be allowed. The new rules allow service providers to take proportionate steps to help people overcome their disadvantages or to meet their needs. The new rules do not require service providers to take positive action, and there is no restriction on treating disabled people more favourably than non-disabled people. Steps can be taken to help meet the needs of people with a particular disability.
Associations and Clubs with 25 or more members with a membership selection process can, under the new rules, restrict their membership to people with protected characteristics but not groups defined by colour. The latest guidance on the Act suggests that an association could restrict its membership to Afro-Caribbean boys or to people of African Origin, but no to black people.
Charities can also, under the new rules, provide benefits only for people with a protected characteristic (but not a group defined by colour) provided that it can be justified as intended to meet a legitimate objective in a fair, balanced and reasonable way, or is fro the purpose of preventing or compensating for a disadvantage linked to that protected characteristic.
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