Mark Morgan

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EQUALITY EXCELLENCE - UWIC14th July
2004Equality and the Law
Morgan Cole

• Mark Morgan
• Solicitor

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• TRUE OR FALSE

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Unlawful Discrimination - An Overview

• Race
• Sex
• Disability
• Sexual Orientation
• Religious or philosophical belief
• Age (not yet)

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Isnt discrimination law all about employees?

• No - (but remember UWIC has 1400 of them!)

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(No Transcript)
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Discrimination law covers...

• Employment
• Education
• Provision of goods, services and facilities

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Specific legislation

• Sex Discrimination (1975) (s22)
• Race Relations Act (1976) (Part III)
• Disability Discrimination Act (1995) (amended
  Part IV s.28R)
• Further and Higher Education Act (1992)
• Have regard to the requirements of disabled
  persons FHEAs62
• Employment Equality (Sexual Orientation)
  Regulations (2003) (Reg 20) (SOR)
• Employment Equality (Religion or Belief)
  Regulations (2003) (Reg 20) (RBR)
• includes institutes of further and higher
  education

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How does the law work?

• Statutory language is similar in most
  legislation, e.g.
• It is unlawful, in relation to an educational
  establishment including UWIC to discriminate
  against a person on grounds of
  race/sex/disability
• (a) in the terms on which it offers to admit
  him
• (b) by refusing to accept an application for
  his admission, or
• (c) where he is a pupil or student of the
  establishment
• (i) in the way it affords him access
  to benefits, facilities or
• services
• (ii) by excluding him or subjecting him to any
  other
• detriment
  (SDAs22. RRAs17. DDAs28)

DDA justification defence not identical
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Its not just UWIC in the dock!

• Anything done by a person in the course of
  his employment shall be treated for the purposes
  of this Act SDA/RRA as done by his employer as
  well as him, whether or not it was done with the
  employers knowledge or approval
• RRA s32(1)/SDA s41(1)

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It could be you.

• In proceedings brought under the Act against
  any person i.e. UWIC in respect of an act
  alleged to have been done by an employee of his
  YOU, it shall be a defence for that person
  UWIC to prove he took such steps as were
  reasonably practicable to prevent the employee
  YOU from doing that act
• SDA 41(3) RRA s32(3)

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Direct and Indirect Discrimination

• Direct Discrimination
• less favourable treatment on grounds of
  .race/sex
• Indirect Discrimination
• same criteria, but with disproportionate adverse
  on racial group/women
• justification defence

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Consequences of Discrimination

• Internal enquiry
• Court and Tribunal proceeding
• Unlimited Compensation
• lost career opportunity?
• Injury to feelings (up to 25,000 - judicial
  guidance Vento v Chief Constable of West
  Yorkshire Police CA (2002))
• Disciplinary proceedings - gross misconduct?
• Negative publicity
• Judicial review

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Sex Discrimination

• Macho environment
• traditional male subjects
• sexist comment
• innuendo
• tolerance of other students inappropriate
  behaviour (direct discrimination)
• Access to classes - child care commitments?
  (indirect discrimination)
• Dispensation for pregnancy/pregnancy related
  illness

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Race Discrimination

• Identifying cultural differences - adequate
  explanation
• Participation in group work
• Language
• Method of assessment (oral, written)
• Feedback
• Dress code

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Disability Discrimination

• Access to education (physical premises and
  learning opportunities)
• External assistance (grants, equipment, help)
• Special needs adjustment -
• lighting for visually impaired
• note taking
• Method of Assessment (e.g. time to complete work)
• Dyslexia (and similar conditions) common grounds
  for litigation
• Knowledge of disability?

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Sexual Orientation

• sexual orientation towards a person of the same
  sex, the opposite sex or both sexes
  Reg 2(1) SOR
• Can be direct or indirect

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Religion or Beliefs

• any religion, religious belief or similar
  philosophical belief.
• Reg 2(1) SOR
• collective worship
• clear belief system
• profound belief affecting way of life
• philosophical belief
• scientology?
• pacifism?
• direct or indirect discrimination

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The future..

• Age Discrimination
• 2006

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Practical arrangements

• Well publicized complaints procedure
• Swift response
• Student/Staff disciplinary procedures
• Diversity training
• Proactive - do not condone discrimination in
  others

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EQUALITY EXCELLENCE - UWIC14th July
2004Equality and the Law
Morgan Cole

• Mark Morgan
• Solicitor