SIA Equality and Diversity 5

Question 1

Under the Equality Act 2010, at what age does the protected characteristic of age begin to apply?

Accepted Answer

From birth — it applies to all ages

Answer

The protected characteristic of age applies to people of all ages, from birth. It protects younger people as well as older people. However, age discrimination can be lawfully justified if there is a legitimate aim and the means of achieving it are proportionate, such as minimum age requirements for licensed premises.

Question 2

A door supervisor overhears a patron using homophobic slurs towards another patron. What action should they take?

Accepted Answer

Intervene by warning the offending patron that homophobic abuse will not be tolerated and may result in removal from the venue

Answer

Door supervisors have a duty to maintain a safe environment for all patrons. Homophobic abuse can constitute a hate incident and, if threatening or abusive, a criminal offence under the Public Order Act 1986. The door supervisor should intervene, warn the offender, and escalate to removal or police involvement if necessary.

Question 3

Which piece of legislation specifically addresses hate crime sentencing in England and Wales, allowing courts to impose enhanced sentences?

Accepted Answer

The Crime and Disorder Act 1998 and the Criminal Justice Act 2003

Answer

The Crime and Disorder Act 1998 created specific racially and religiously aggravated offences, while the Criminal Justice Act 2003 (Section 146) allows courts to treat hostility based on sexual orientation, disability, or transgender identity as an aggravating factor when sentencing. The Equality Act covers civil discrimination, not criminal sentencing.

Question 4

A venue has a 'ladies' night' offering free entry to women but charging men. Could this be challenged under the Equality Act 2010?

Accepted Answer

Yes, it could constitute direct sex discrimination against men as sex is a protected characteristic

Answer

Sex is a protected characteristic under the Equality Act 2010 and the protection applies equally to men and women. Charging different prices based on sex could constitute direct discrimination. While some venues continue this practice, it is legally vulnerable to challenge.

Question 5

What is perceptive discrimination?

Accepted Answer

Discrimination based on a perception or assumption about someone's protected characteristic, even if that perception is wrong

Answer

Perceptive discrimination occurs when someone is treated less favourably because of a perception that they have a protected characteristic, even if they do not actually have it. For example, refusing entry to someone because you wrongly assume they are gay is still sexual orientation discrimination.

SIA Door Supervisor Practice Test

SIA Door Supervisor Practice Test

SIA Equality and Diversity 5