Data collection - protected characteristics: guidance - equality impact assessment

Footnotes

1. Refer to Definitions of Protected Characteristics document for information on the characteristics

2. It should be noted that the estimate will not reflect the total number of people who may have rights under the Equality Act which extends rights to other groups, including people with progressive conditions which may be non-symptomatic or in remission, since the effects may not meet the definition set out here.

3. https://www.legislation.gov.uk/ukpga/1995/50/section/1/1996-05-17

4. In respect of this protected characteristic, a body subject to the Public Sector Equality Duty (which includes Scottish Government) only needs to comply with the first need of the duty (to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act 2010) and only in relation to work. This is because the parts of the Act covering services and public functions, premises, education etc. do not apply to that protected characteristic. Equality impact assessment within the Scottish Government does not require assessment against the protected characteristic of Marriage and Civil Partnership unless the policy or practice relates to work, for example HR policies and practices.

5. See EQIA – Setting the Scene for further information on the legislation.