Chapter 4 Self-test questions

. Which of the following was introduced in the UK in order to implement a European directive?

Protection against race discrimination.

Protection against gender pay discrimination.

Protection against sexual orientation discrimination.

Protection against disability discrimination.

. Which of the following is covered by the Equality Act 2010?

People who satisfy the 'employee' definition.

People who satisfy the 'worker' definition.

People who would be defined as 'contract' workers.

All of the above.

. Which of the following is not a 'protected characteristic' under the Equality Act 2010?

Parental status.

Sexual orientation.

Gender reassignment.

Civil partnership.

. Which of the following is protected only by its own unique anti-discrimination provision, rather than the general anti-discrimination provisions applicable to the other protected characteristics?

Sexual orientation.

Pregnancy and maternity.

Gender reassignment.

Disability.

. Which of the following is necessary to show direct discrimination?

An actual comparator identical to the claimant.

That the employer had a negative motive related to the protected characteristic.

That the claimant suffered objectively less favourable treatment.

That nobody else suffered the same treatment as the claimant.

. Which of the following is not a permissible form of positive action under the Equality Act 2010?

Pursuing a transparent policy under which all promotion and hiring decisions are made in favour of an under-represented protected group, but only in cases where the candidates have equivalent qualifications and only until that group reaches a level of proportionate representation at all levels of employment.

Spending the entire recruitment budget trying to get under-represented groups to apply for positions or promotions.

Changing the hiring or promotion process to make the process easier for members of under-represented or disadvantaged groups.

Awarding a promotion to a woman over an equally qualified man because there are not enough women managers in the company.

. Which of the following is not a necessary attribute for declaring that a decision constitutes 'indirect discrimination'?

The decision does not affect the claimant directly, but only has an indirect effect.

The employer applies a provision, criterion or practice (PCP) which applies or would apply equally to those who do not share the claimant's protected characteristic.

The PCP puts or would put people with the claimant's protected characteristic at a particular disadvantage when compared with those who do not share it.

The PCP cannot be shown to be a proportionate means of achieving a legitimate aim.

. Which of the following is not a requirement of a properly applied justification defence to indirect discrimination?

The challenged provision, criterion, or practice (PCP) must correspond to a real need of the business.

The PCP must be necessary to meet a business need.

The PCP must not affect a greater proportion of people who share the protected characteristic than those who do not.

The discriminatory impacts of the PCP must not outweigh its benefits to the business.

. Which of the following defences to claims of discrimination is not defined by reference to proportionality?

The Occupational Requirement defence.

Justification of indirect discrimination.

The Religious Ethos exception.

The 'bastard' defence to direct discrimination.

. Which of the following is not required to demonstrate 'discrimination arising from a disability'?

That because of the claimant's disability, the treatment received from the employer amounted to a detriment.

That the claimant was treated less favourably than a non-disabled person who could meet the requirement that the claimant could not meet.

That the treatment was not a proportionate means of achieving a legitimate aim.

That the employer has made any reasonable adjustments that would remove the detriment.

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