The law and types of unlawful discrimination
The Equality Act 2010 is the main, overarching anti-discrimination law which [insert Venue name] is required to follow to help ensure that equality of opportunity is promoted across various groups and that diversity is at the heart of all that we do.
It is unlawful for BLT as an employer, potential employer, tennis venue and in relation to any of its functions to discriminate against persons directly or indirectly in membership, recruitment or employment because of age, disability, sex, gender reassignment, marriage, civil partnership, pregnancy, maternity, race (which includes colour, nationality and ethnic or national origins), sexual orientation or religion or belief.
Direct discrimination involves intentionally treating someone less favourably than others because of a characteristic listed above, without a lawful exception.
For example, excluding a member from a tournament because of their ethnic background, or denying a job opportunity to a woman because she is pregnant.
Indirect discrimination occurs where less favourable treatment is not the main effect or objective of an action or decision. The nature of indirect discrimination is that the discriminatory effect can be an unexpected or unforeseen effect of a good faith decision.
For example, implementing a rule that all members wishing to compete in national league matches must attend early morning practices could disproportionately disadvantage older members or those with family commitments, as they may find it more challenging to attend at that time.
Disability discrimination is direct or indirect discrimination, any unjustified less favourable treatment because of the effects of a disability or impairment, and failure to make reasonable adjustments to alleviate disadvantages caused by a disability or impairment.
For example, a wheelchair tennis player who regularly participates in local tournaments is informed that the courts used for a competition do not have accessible entryways despite the player requesting reasonable adjustments, such as temporary ramps or an alternative court.
Harassment is where there is unwanted conduct, related to one of the characteristics outlined above (other than marriage, civil partnership, pregnancy or maternity) that has the purpose or effect of violating a person’s dignity; or creating an intimidating, hostile, degrading, humiliating or offensive environment.
For example, during practices and matches, a group of male members frequently make sexist comments, questioning a women’s abilities due to her gender.
Associative discrimination is where an individual is discriminated against, harassed, or potentially victimised because of their association with another individual who has a characteristic outlined above (other than marriage, civil partnership, pregnancy or maternity, however, pregnancy or maternity may fall within a sex discrimination claim because of association with a pregnant woman or a woman on maternity leave).
For example, a coach has caring responsibilities at home and the organisation assumes that they will not be able to perform other duties, they are then overlooked for promotions, with the justification that "outside distractions" might interfere with their work.
Perceptive discrimination is where an individual is discriminated against or harassed based on a perception that they have a characteristic outlined above when they do not, in fact, have that characteristic (other than marriage, civil partnership, pregnancy or maternity).
For example, a young tennis player at a local club is perceived by some members to be gay, even though they do not identify as such.
Victimisation happens when an individual is mistreated, such as being denied participation in training or competition selection, because a person filed or backed a complaint or legal action under the Equality Act 2010. However, a person is not protected from victimisation if they acted with malice or supported a false complaint.
For example, a tennis player at a club observes that players who are less experienced or in lower teams are consistently given less favourable court times.