Religion or belief This includes: belonging to an organised religion, for example if you're Jewish having a religious belief, for example you need to pray at certain times Sex This is whether you're a man or a woman. If you identify as non-binary you might be covered but the law is complicated. You’ll need to get specialist advice before you go any further. Sex is defined in section 11 of the Equality Act 2010.Race is defined in section 9 of the Equality Act 2010. Sexual orientation You’re covered if you’re gay, a lesbian, straight or bisexual. Sexual orientation is defined in section 12 of the Equality Act 2010.
So harassment is unlawful discrimination under the Equality Act 2010 if it’s because of or connected to one of these things: age disability gender reassignment race religion or belief sex sexual orientation Harassment because of one of these characteristics is called harassment related to a protected characteristic. Harassment because you’re pregnant or you’ve recently given birth If you experience harassment because you’re pregnant, breastfeeding or you’ve recently given birth, this could be harassment related to sex. What’s the effect of or the intention behind the harassment? The Equality Act says its harassment where the behaviour is meant to or has the effect of either:
violating your dignity creating an intimidating, hostile, degrading, humiliating or offensive environment This means its harassment even if the person harassing you didn’t mean to offend or intimidate you, as long as the harassment has one of the above effects. If you go to court, the judge may have to decide if it’s harassment or not. They will look at how the behaviour made you feel and whether it’s reasonable for you to feel this way. Examples of harassment related to a protected characteristic The harassment may be directed at you, but it can also be directed at someone else or even at no-one in particular. It may have to do with your or someone else’s protected characteristic.
It may not have anything to do with you, but you still find it offensive. As long as it’s related to a protected characteristic, it can be harassment. Your Right to Report Sexual Misconduct and Harassment 14