1. Age

Ageism, or discrimination based on age, can manifest in various ways, impacting both younger and older individuals. For instance:

• Younger Workers: Organisations might inadvertently discriminate against younger applicants by requiring extensive prior experience for entry-level positions, favouring candidates from more traditional educational backgrounds, or assuming that youthful employees are less committed or responsible. Such biases can hinder opportunities for youth seeking to enter the job market and build their careers.
• Older Workers: On the other hand, older workers may face ageist stereotypes suggesting they are less adaptable, innovative, or technologically proficient. This could lead to age discrimination in hiring practices or promotion opportunities, with employers favouring younger candidates perceived as more "dynamic" or "future-proof." Ageism can also creep into retraining initiatives, with companies potentially investing fewer resources in upskilling older employees compared to their younger counterparts.

Check out our article on Generational Diversity: Getting Boomers, Gen X, Millenials and Gen Z working together.

2. Disability

Disability discrimination remains a pervasive issue, encompassing both visible and invisible disabilities. Examples of bias and discrimination include:

• Physical Disabilities: Organisations might fail to provide adequate physical access for individuals with mobility issues, such as wheelchair users. This could manifest as inaccessible buildings or venues, lack of appropriate facilities (e.g., disabled toilets), or failure to provide reasonable adjustments like sign language interpreters for the deaf or blind.
• Mental Health Disabilities: Mental health conditions are often stigmatised and misunderstood. Employers might exhibit bias by assuming individuals with mental health issues are unstable, unreliable, or unable to perform their duties effectively. This could lead to discriminatory practices such as refusing employment or promoting harmful stereotypes that discourage people from seeking support for fear of repercussions.
• Neurodiversity: Individuals who identify as neurodivergent (e.g., dyslexia, autism, ADHD) may face biases and discrimination due to neurological differences. For example, neurodivergent employees might struggle with specific task demands or work environments that fail to accommodate their unique needs, impacting their performance and career prospects.

3. Gender Reassignment

While the UK has made significant strides in recognising the rights of transgender and gender-diverse individuals, biases and discrimination persist:

• Transitioning Employees: Organisations might inadvertently discriminate against transitioning employees by failing to provide appropriate support during their transition. This could include not offering flexible work arrangements for medical appointments, refusing to update records with the employee's affirmed name and pronouns, or neglecting to educate staff on creating an inclusive environment free from transphobic behaviour.
• Gender Expression: Biases and discrimination can also arise regarding gender expression, encompassing how individuals present their gender through clothing, hairstyle, mannerisms, etc. For instance, employers might enforce strict dress codes that fail to accommodate diverse expressions of gender identity or discriminate against customers or clients based on their non-conforming appearance.

There is a lot more detail atht EHRC website page on Gender reassigment discrimination

4. Marriage and Civil Partnership

Marriage and civil partnership discrimination can occur when individuals are treated differently because of their marital status:

• Hiring Biases: Employers might inadvertently discriminate by favouring candidates who are single over those who are married or in a civil partnership, assuming the latter will be less dedicated to their work due to family commitments. This bias could also extend to promotions and development opportunities, impacting individuals' long-term career prospects.
• Benefit Inequalities: Organisations might offer unequal benefits to employees based on marital status, such as providing more favourable health insurance packages for spouses than for domestic partners or same-sex marriages. Such practices reinforce the notion that certain relationships are more "valid" or worthy of support and protection.

5. Pregnancy and Maternity

Pregnancy and maternity discrimination continues to impact individuals who are pregnant, on maternity leave, or have recently returned to work:

• Recruitment Discrimination: Organisations might hesitate to hire women of childbearing age due to assumptions about their potential for future pregnancies, impacting their career advancement opportunities. This could also manifest as reluctance to promote pregnant employees or new mothers, assuming they will be less committed post-pregnancy.
• Maternity Leave Biases: Employers may exhibit bias by perceiving maternity leave as a burden on the organisation, leading to discriminatory practices such as offering reduced hours or less challenging roles upon an employee's return from leave. There could also be a lack of support for breastfeeding mothers, impacting their ability to balance work and new motherhood.

Learn more about Pregnancy and maternity discrimination.

6. Race

Racial discrimination remains pervasive in the UK, impacting individuals from a range of ethnic backgrounds:

• Hiring and Promotion: Racial biases can creep into hiring practices through assumptions about an individual's qualifications, communication skills, or "cultural fit." This could result in discriminatory decisions that favour white candidates over equally qualified applicants of colour. Similar biases may impact promotion opportunities, hindering career progression for talented employees from ethnic minorities.
• Microaggressions: Everyday workplace interactions can also reveal racial biases through microaggressions—subtle, often unintentional actions or remarks that perpetuate racist stereotypes and minimise the experiences of individuals from minority backgrounds. Such behaviours contribute to a hostile work environment that undermines inclusivity and belonging.

7. Religion or Belief

Discrimination based on religion or belief can occur even in secular organisations:

• Practising Employees: Biases might arise regarding an individual's ability to perform their job duties due to religious practices, such as praying at specific times during the workday or requesting leave for religious holidays. Employers may assume that accommodating these needs will be unduly burdensome and discriminate accordingly.
• Non-Believers: Similarly, atheists, agnostics, and those who hold non-religious beliefs can also face discrimination. For example, an organisation might pressure employees to participate in religious activities or fail to provide alternative arrangements for team-building events centred around faith-based traditions.

The changing nature of Religion is a fascinating space. We've written a couple of articles about a) the generational decline in Christian belief and b) Navigating the Intersection of Religion and LGBTQIA+ Reights

8. Sex

Sex discrimination encompasses a range of biases and discriminatory practices against both women and men:

• Gender Stereotypes: Organisations may exhibit biases based on gender stereotypes, such as assuming that women are better suited for caring roles or that men are more competent in leadership positions. This can impact hiring decisions, promotions, and the overall distribution of opportunities within a company.
• Sexual Harassment: Another pervasive issue is sexual harassment, which can create a hostile work environment for individuals based on their sex. While women are most commonly affected by this form of discrimination, men can also be subjected to unwelcome sexual advances or demeanour that creates an offensive workplace environment.

9. Sexual Orientation

Lesbian, gay, bisexual, and other sexual minority individuals may face biases and discrimination due to their sexual orientation:

• Hiring Decisions: Employers might inadvertently discriminate by making assumptions about the personal lives of LGBTQ+ applicants or assuming they will not "fit in" with the existing team culture. This could lead to biased hiring decisions that favour heterosexual candidates.
• Heteronormative Assumptions: Organisations may also operate from heteronormative biases, such as automatically assuming an employee's spouse is of the opposite sex or failing to provide inclusive language on forms and policies (e.g., not offering "partner" as a gender-neutral option). These assumptions can contribute to a sense of exclusion for LGBTQ+ employees.

Proposed Additions to Protected Characteristics: Reflecting Social Realities

While the nine protected characteristics encompass a broad range of identities, critics argue that they fail to account for certain social realities and evolving understanding of discrimination. As such, experts propose several additions to better protect vulnerable groups:

• Caregiving Responsibilities : This includes caring for children or elderly relatives. Discrimination may occur if employees with caregiving responsibilities are denied flexible working arrangements or are treated less favourably during recruitment or promotion decisions. At Diversity, we're passionate advocates that Caring Responsibilities should be the 10th Protected Characteristic!
• Socioeconomic Background : An individual's socioeconomic background can impact their access to education, networks, and opportunities. Organisations can promote equality by considering how their policies and practices may disadvantage those from lower-income backgrounds. Learn more in our article about Social Mobility and Socio-Economic Questions in Diversity and Inclusion Surveys
• Neurodiversity : This relates to conditions like autism, dyslexia, and ADHD. Discrimination here might include failing to provide reasonable adjustments for neurodivergent employees or excluding them from certain roles due to stereotypes. According to our data, 17% of your workforce could be Neurodiverse!
• Physical Appearance : While not explicitly protected by the Equality Act, an individual's physical appearance can impact how they are treated in the workplace. Organisations should be aware of potential bias against individuals based on their body size, weight, or other physical characteristics.
• Political Beliefs : While political beliefs are not currently a protected characteristic, employers should still be cautious about creating an environment where employees feel free to express their beliefs without fear of discrimination or harassment.
• Language : An individual's first language or accent should not disadvantage them in the workplace. Organisations should ensure that communication is accessible to all and that employees are not treated differently based on their language skills.

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Conclusion: Towards a More Inclusive Future

The nine protected characteristics in UK law serve as a foundation for promoting equality and inclusivity across organisations. However, ongoing dialogue about potential additions reflects society's evolving understanding of discrimination and underscores the importance of proactively addressing biases to create truly inclusive workplaces that value all employees' contributions. By staying informed on these issues and taking proactive measures, businesses can foster environments where everyone feels valued and respected—and ultimately unlock the full potential of their diverse talent pool.

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• If you're a company director, then you should read our comprehensive guide to Diversity and Inclusion for UK Company Directors
• We also offer insights into meaningful changes that you can make to improve the employee experience for the 17% of your organisation that is Neurodiverse, those experiencing menopause, or those with Why Caring Responsibilities should be the 10th Protected Characterstic
• Since we're asking such personal questions, learn how Divrsity is Obsessed with Anonymity
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• Use Collective Surveys to survey employees who don't work at a desk
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• Or explore one of the articles in our Diversity Dictionary Series: Intersectionality, Ableism, and Transgender