Is there really no room at the inn? The innkeeper only has one double room, who will he give it to? The disabled person, the pregnant woman or the homosexual couple?

Macfarlane, Angela (2015) Is there really no room at the inn? The innkeeper only has one double room, who will he give it to? The disabled person, the pregnant woman or the homosexual couple? In: Northumbria Law School Christmas Conference, 10 December 2015, Newcastle upon Tyne.

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Abstract

The Equality Act 2010 provides protection from discrimination to certain individuals who have protected characteristics such as disability; sex; sexual orientation; race and religion or belief. There are 9 protected characteristics covered by the Equality Act 2010 and the level of protection afforded to each characteristic varies. Hierarchy of discrimination rights arguably already exists because of the variation of level of protection afforded to each characteristic by the Equality Act 2010. However, the Act is silent on what happens when the level of protection is the same or similar but one of more of these rights collide and thus are competing to enforce their rights as supreme.
This paper will look at how the courts have grappled with this issue so far so will review cases which have involved competing discrimination rights.

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