Chapter 4 Multiple choice questions

. 'Like all the other protected characteristics it is possible to objectively justify indirect age discrimination; like the other characteristics it is not possible to justify direct discrimination.' Is this statement true?

Yes, age discrimination is treated in the same way as all the other grounds of discrimination.

No, because it is possible to justify direct age discrimination.

Yes, it is possible to justify it, but only in respect of older workers.

Yes, it is possible to justify it, but only in respect of younger workers.

. Often employees receive extra benefits for long service, like extra holidays for example. Is this allowed under the Equality Act 2010?

Yes, it is always allowed without the need for further justification.

Yes, there is no requirement to justify it if related to service of less than five years. Thereafter it needs to be justified.

Yes, there is no requirement to justify it if related to service of less than two years. Thereafter it needs to be justified.

No, it is not allowed because it discriminates against younger people who do not have the length of service.

. Employees under the age of 21 years are entitled to a lower National Minimum Wage than older employees. Does this amount to age discrimination within the terms of the Equality Act?

Yes, because it discriminates against young employees on the basis of their age.

Perhaps; it is not expressly forbidden by the Equality Act, but could be objectively justified

No, such different treatment is expressly allowed by the Equality Act

It is allowed but only for those under the age of 18 years.

. Is it correct to say that if an employer dismisses someone aged 65 years for reasons of retirement, then the individual will not be able to claim that this dismissal amounted to age discrimination?

It is not correct. Dismissing someone because of their age amounts to age discrimination.

It is correct because the Age Regulations apply only to people younger than 65 years old.

It is not correct because people are able to claim unfair dismissal regardless of their age.

It is correct. Provided the employer follows the procedural rules then dismissal for retirement at age 65 years is not age discrimination.

. Is it true that, in order to show that they have a disability within the terms of the Equality Act, a person has to show only that they have a physical or mental impairment and that this has an adverse effect on their ability to carry out normal day to day activities?

Yes, these seem to be the most important factors.

No, the test also includes the need to show a long term adverse effect.

Yes, providing the person is affected every day by the disability.

No, the employee needs to show that they cannot work at all.

. In a redundancy exercise is it possible to take into account an employee's disability without it amounting to disability discrimination?

No, it would amount to disability discrimination to take disability as one of the factors in deciding who should be made redundant.

Yes, it must be reasonable to take into account how a person is affected by their disability when deciding on redundancies.

Yes, because the Equality Act does not cover redundancies.

No, because it would not be a nice thing to do.

. Are any special measures needed when interviewing a disabled person for a job?

No; it is important that a person with a disability is treated in the same way as all applicants.

No, because all disabilities are different and it is impossible to cater for them all.

Yes, where it is known beforehand.

Yes, because the employer wants to give a good impression.

. The Equality Act is about making sure that women are not discriminated against when compared with men. Is this statement correct?

Yes, that is why it is called the Equality Act.

No, the Act is also about ensuring that men and women are treated equally. There is also protection for married persons, pregnant women, and transgender people.

Yes, because section 1 of the Act specifically refers to ensuring that women are not treated less favourably than men.

No, because it has obviously failed to stop this unequal treatment.

. Is it possible for a white person to claim less favourable treatment under the Equality Act?

No, because the Act is designed to protect ethnic minorities from discrimination.

Yes, because sometimes white people can make up an ethnic minority.

Yes, because, as was stated in the Court of Appeal, it was appropriate to give a broad meaning to the expression 'racial grounds'. It was an expression that should be capable of covering any reason or action based on race. The phrase used in the Equality Act 2010 is 'because of race' but no difference in meaning was intended by Parliament on this point.

No, because white people are never less favourably treated.

. The Equality Act provides protection to gay men and lesbians, but not to those who are heterosexual - is this true?

Yes, of course this is true, what is the point of protecting heterosexuals?

No, the Act is about protecting heterosexual people from those of a different sexual orientation

The Act applies to a sexual orientation towards persons of the same sex; persons of the opposite sex; and persons of the same sex and opposite sex.

The Act applies only to a sexual orientation towards people of the same sex.

Chapter 4 Multiple choice questions

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