technical guidance on further andhigher education在继续教育和高等教育的技术指导.doc

Equality Act 2010 Technical Guidance on Further and Higher Education This Technical Guidance applies to the provisions in the Equality Act 2010 that were commenced on 1 October 2010. Contents Foreword 8 Chapter 1 Introduction 9 Purpose of the Equality Act 2010 9 Status of the Technical Guidance 10 Scope of the Technical Guidance 10 Marriage and civil partnership 11 Purpose of the Technical Guidance 11 Role of the Equality and Human Rights Commission 12 Human rights 12 How to use the Technical Guidance 13 Examples 14 Use of the terms ‘education provider’, and ‘student’ 14 References in the Technical Guidance 14 Further information 15 Chapter 2 Who has rights under the further and higher education provisions of Part 6 of the Act? 17 Introduction 17 Age 17 Disability 18 Gender reassignment 20 Pregnancy and maternity 22 Race 23 Religion or belief 24 Sex 26 Sexual orientation 26 Restrictions on protection under the Act 27 Chapter 3 An overview of the further and higher education provisions 28 Introduction 28 Further and higher education institutions 29 Local/education authorities 30 Maintained schools providing further education 30 What does discrimination mean in this chapter? 32 Other unlawful conduct 32 Liability for acts of employees and agents 34 Liability of employees and agents 35 Other prohibited conduct 36 Instructing, causing or inducing discrimination 37 What is not covered by the further and higher education provisions of the Act? 39 Chapter 4 Direct discrimination 42 Introduction 42 What the Act says 42 What is ‘less favourable’ treatment? 43 Segregation 44 Shared protected characteristics 45 ‘Because of a protected characteristic’ 45 Discrimination by association 47 Discrimination by perception 48 Comparators 49 Advertising an intention to discriminate 52 When is it lawful to treat a person more favourably? 52 Discrimination because of pregnancy and maternity 54 Chapter 5 Indirect discrimination 58 Introduction 58 What does the Act say? 58 What