Stereotyping = unlawful discrimination?

Photo by Ken Treloar on Unsplash

We can all be guilty of pre-judging other people – sometimes we do this consciously and, at other times, we can do this unconsciously. In other words, we can reduce people to stereotypes.

This becomes a problem if our pre-conceptions about other people cause us to behave in a way that translates into unlawful, less favourable treatment. If we treat others less favourably due to a protected characteristic that they possess (e.g. age, disability, gender, race, sexual orientation etc) in terms of the Equality Act 2010.

Stereotyping or negative perceptions about individuals may well give rise to the victim (with the relevant protected characteristic) having a claim for direct discrimination in terms of Section 13 of the Equality Act 2010).

This recalled a story, from several years ago, in which the BBC reported the experiences of a gay man who was subjected to all sorts of less favourable treatment based on negative stereotyping of LGBTI people. The victim of this offensive behaviour took successful legal action against the individual in question.

A link to this story on the BBC News site can be found below:

Why ‘gay’ gestures are discrimination

Clive Coleman reports on the case of a gay man who has won the first compensation award for discrimination based entirely on homophobic gestures.
More recent examples of negative sterotyping

When glancing through various media stories over the last few days, stereotyping or negative perceptions of people came to mind.

In the first story, sufferers of Parkinson’s Disease spoke about the negative reactions they often experience when going about their daily lives. People with this very serious condition have reported that their symptoms are mistaken by members of the public as drunken behaviour or that they are acting under the influence of drugs. Individuals who suffer from Parkinson’s have a disability in terms of Section 6 of the Equality Act 2010.

A link to this story can be found below:

https://edition.independent.co.uk/editions/uk.co.independent.issue.110419/data/8863856/index.html

In the second story, a person with cerebral palsy (also a disability) speaks about the discrimination that he has suffered.

A link to this story can be found below:

‘My disability is mistaken for drunkenness’

Stuart Devlin, who has cerebral palsy, carries a card to show door staff after being refused entry to pubs.

In the third story, which hails from Russia, the Russian authorities have allowed prisoners to resume yoga exercises during the period of their incarceration.

Previously, the Russian Government had banned this form of exercise for prisoners because it was believed it was linked to homosexuality! In the UK, a person’s sexual orientation is a protected characteristic in terms of Section 12 of the Equality Act 2010.

A link to this story can be found below:

https://edition.independent.co.uk/editions/uk.co.independent.issue.110419/data/8863506/index.html

Photo by Annie Spratt on Unsplash

Copyright Seán J Crossan, 12 April 2019

Published by

sjcrossan1

A legal blog by the author of Introductory Scots Law: Theory & Practice (3rd Edition: 2017; Hodder Gibson) Sean J. Crossan BA (Hons), LLB (Hons), MSc, TQFE I have been teaching law in Higher and Further Education for nearly 25 years. I also worked as an employment law consultant in a Glasgow law firm for over a decade. I am also a trade union representative and continue to make full use of my legal background. Please note that this Blog provides a general commentary about issues in Scots Law. It is not intended as a substitute for in-depth legal advice. If you have a specific legal problem, you should always consult with a qualified Scottish solicitor who will be able to provide you with the support that you require.

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