Equality and Diversity Good Practice Seminar

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Equality and Diversity Good Practice Seminar

• Carolyn Hay

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The Law

• Race
• Religion
• Gender
• Disability
• Sexual orientation
• Age

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Legislation

• Race Relations Act 1976, Race Relations
  (Amendment) Act 2000
• Sex Discrimination Act 1975 and amendments 2003
• Disability Discrimination Act 1995 (DDA) and
  subsequent parts 2 - 4
• Special Educational Needs and Disability Act,
  2001
• Human Rights Act 1998 / 2000

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Current definitions

• Direct discrimination treating someone less
  favourably
• Indirect discrimination requirements which
  apply equally but with a disproportionate
  adverse effect on some
• Victimisation and harassment - on the grounds of
  race or gender

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Employment Equality (Religion or Belief)
Regulations 2003

• Makes discrimination on the grounds of religion
  or belief unlawful in employment or training
• THAT IS
• The individuals religion or belief
• The religion or belief of someone with whom they
  associate
• Whether real or perceived

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What is a Religion or Belief ?

• Collective worship
• Clear belief system
• Profound belief affecting way of life/view of the
  world
• Well known organised religions
• Less well known religions and secularism
• Not political beliefs

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Organisational implications

• Recruitment, policies and procedures
• Training
• Codes of dress
• Facilities in the workplace
• Holidays

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Employment Equality (Sexual Orientation)
Regulations 2003

• Makes discrimination on the grounds of sexual
  orientation unlawful in employment and training
• THAT IS
• The individuals sexual orientation
• The sexual orientation of those with whom they
  associate
• Whether real or perceived

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What is a Sexual Orientation?

• Sexual orientation means an orientation towards
• Persons of the same sex
• Persons of the opposite sex
• Persons of the same sex and of the opposite sex

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Things organisations need to think about

• Recruitment, policies, procedures
• Training
• Language
• Work/service benefits

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Age Legislation

• Outlawing age discrimination in employment and
  vocational training, 2006
• Current Code of Practice
• Age Matters consultation on options for age
  legislation

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Organisational implications

• Exemption for
• The recruitment, promotion, maintenance in
  employment or training of an individual who is
  not competent, capable, and available to perform
  the essential functions of the post concerned or
  the relevant training

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Age - specific practices

• Recruitment, selection, and promotion
• Pay and non-pay benefits
• Retirement age

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Disability Discrimination Act 1995

• Employment
• Access to goods
• Facilities and services
• Property rights

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Special Educational Needs and Disability Act
(SENDA)

• Schools
• Colleges
• Universities
• Adult education
• Youth services

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Reasonable adjustments

• Service adjustments from 1999
• Physical access from 2004
• Reasonable adjustments to the physical features
  of service premises
• Subsidiary services (toilets, car parks)

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Human Rights Act 1998

• No new rights
• People working for a public body, or fulfilling a
  public function can take action against the
  public body in a UK court

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The Future

• Single equality body
• Single point of reference for employers and
  service users