Transcript
Page 1: Lecture 5 equality and diversity the equality act 2010

Lecture 5: EQUALITY &

DIVERSITY

Equality is not about treating all people in the same way. It’s about recognising and respecting diversity enough to adapt practice and

procedure to suit all.

Module: Law for Counsellors

Kevin Standish

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Learning Objectives

• Define and describe Equality and Diversity

• identify ways that people are different

• show an awareness of personal assumptions and attitudes

• understand differing types of discrimination

• Define and describe the Equality Act 2010

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Equality & Diversity

• What do you think the definition of Equality & Diversity might be?

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Definitions

• Equality – ‘equal rights and treatment

to all individuals’

• Diversity – ‘difference from what is

normal or expected’

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Activity

Draw/describe one of the following:

• A Model

• Footballer

• Athlete

• Doctor’s receptionist

• Construction Worker

• Engineer

• Beauty Therapist

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A Model

Dawn French has her

own clothing range

which she models.

Jean-Paul Gaultier shook the

modelling world in 2006

using outsized models.

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Footballers

Women’s England

Football Team

The F.A. supports six

international disability squads

for players with differing kinds

of disabilities. These are: Blind,

Partially Sighted, Deaf and

Hearing Impaired, Cerebral

Palsy, Learning Disabilities,

Amputee.

The teams all receive official

England kit, a physio, a fully-

trained technical advisor, and

money towards travel costs for

attending European and World

Championships.

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Athlete

Tanni Grey Thomson

9 Gold Medals in the

Paralympics, 30

world records 6

London Marathons

Oscar Pistorius

World record holder in

amputee races

Sumo Wrestling

A competitive contact sport

which originated in Japan

the only country where it is

practiced professionally.

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Doctor’s Receptionist

Frank

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Construction Worker

Samantha

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EngineerGemma is an Engineer

working for BT

Wang Shuming is a disabled

engineer working for the Jinlin

branch of China Netcom

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Beauty Therapist

Kurt

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Diversity

• What is diversity?

• Diversity means valuing the differences between people and the ways in which those differences can contribute to a richer, more creative and more productive working environment

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Diversity is about respecting

individual…………..

• Race

• Culture

• National Origin

• Region

• Gender

• Sexual Orientation

• Age

• Marital Status

• Religion

• Ethnicity

• Disability

• Ability

• Family Structure

• Health

• Values

• Politics

………..and much more

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“Discrimination

is prejudices put

into action.”

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Firms free to favour

female and black job

applicants... Mail online, 4

December 2008

Will the

Equality Act

make

everyone

equal before

the law? The Times, 15 April 2010

Equality plans

‘class war’

claim... BBC

News, 12 January 2009

EQUALITY ACT 2010

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The Equality Act - Introduction

• Single largest piece of

anti-discrimination

legislation the UK has

known.

• Harmonises multiple

pieces of primary and

secondary legislation.

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Purpose of the ActStrengthening, harmonising and streamlining 40 years of

equalities

legislation:

Strengthening: improving the effectiveness of equality

legislation

Harmonising: providing the same levels of protection from

discrimination across all the protected characteristics and all

sectors, where appropriate

Streamlining: simplifying and consolidating approximately 116

pieces of separate equality legislation

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The purpose of the legislation

“The purpose of the Bill and its accompanying package of measures is to strengthen protection, advance equality and de-clutter the law.”

We will...

1. Introduce a new Equality Duty on the public sector

2. End age discrimination

3. Require transparency

4. Extend the scope of ‘positive action’

5. Strengthen reinforcement

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Protected Characteristics under

the Equality Act 2010• Age

• Disability

• Gender reassignment

• Marriage and civil

partnership

• Pregnancy &

maternity

• Race

• Religion and/or belief

• Sex

• Sexual orientation

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Discrimination

There are different types of discrimination:

• Direct Discrimination

• Indirect Discrimination

• Associative Discrimination

• Perceptive Discrimination

• Harassment (Third Party)

• Victimisation

• Disability Discrimination

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Direct Discrimination

What it is...

“Person A directly discriminates against

Person B when A treats B less

favourably than A would treats or would

treat others in the same circumstances”

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Example of Direct Discrimination

“A 70 year old lady was refused abroadband contract by CarphoneWarehouse in the UK and was told that shecould only register if she came to the storewith a younger member of her family. TheCarphone Warehouse had providedguidance to staff not to sell broadbandcontracts to customers aged 70+ as theybelieve they will not understand the termsof the contract.”

Source: www.equineteurope.org

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Indirect Discrimination

What it is...

“This happens when a requirement is

applied equally to everyone but has the

effect of excluding one group of people

more than another”

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Example of Indirect

Discrimination

Your employer brings in a new shift pattern

which means that everyone has to work fewer

but longer days. You have a disability that means

you’re exhausted after two long days of working.

So the new shift pattern puts you and other

people who have the same disability as you at a

disadvantage. Your employer will have indirectly

discriminated against you if it can’t justify the

new shift pattern.

Source: www.equalities.gov.uk

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Associative Discrimination

What it is...

“Less favourable treatment because of

someone else’s protected characteristic.”

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Example of Associative

DiscriminationColeman v Attridge Law 2008

Sharon Coleman claimed managers at Attridge Lawcalled her ‘lazy’ when she requested time off to care forher disabled son. She accepted voluntary redundancy,but later brought a claim for constructive dismissal anddisability discrimination. A UK employment tribunalreferred the case to the European Court of Justice toclarify European law. The ECJ ruled that able-bodiedpeople can be covered by the Disability DiscriminationAct because of their association with people coveredby equality law.

Source: www.personneltoday.com/articles/2008

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Perceptive Discrimination

What it is...

“Discrimination against an individualbecause of a perception that he or shehas a protected characteristic when he orshe does not, in fact, have that protectedcharacteristic.”

(other than marriage and civil partnership, and pregnancy and maternity)

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Example of Perceptive

DiscriminationExample 1

“An employer rejects a job application submitted by a white manwhom the employer wrongly assumes to be black because he hasan African name.”

Example 2

“An employee is subjected to religious

abuse on the basis that he supports a

particular football team, even though

he does not actually belong to the

religion associated with that football

team.”

Source: www.mcgrigors.com

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Harassment and

Third Party HarassmentWhat it is...

“Unwanted conduct related to a

relevant protected characteristic.”

In addition, employers can be legally

liable for the harassing conduct of

third parties. A third party would

include a client, customer, supplier,

visitor, contractor, service user etc.

Three strikes and you’re out!

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Example of Third Party

Harassment

“The employee or job applicant is harassed

by a third party on more than two occasions

(not necessarily by the same person). The

employer knows that it has happened but

fails to take steps that are reasonable in the

circumstances to prevent such harassment

happening to that person again.”

Source: www.equalities.gov.uk

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Victimisation

What it is...

This happens when an individual is

singled out because they have used the

system to make a complaint or challenge

treatment received.

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Example of Victimisation

“If you are lesbian and your fellow colleaguesstarted passing unwelcome comments aboutyour sexuality and you complained to yourmanager, but rather than doing something aboutthe problem you are sacked for no reason or forno good reason and you believe that it isbecause of the complaint you raised, you mayclaim compensation for being victimised formaking a complaint about sexual orientationdiscrimination.”

Source: www.balindaandcoemploymentsolicitors.co.uk

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Disability Discrimination

What it is...

Person A discriminates a disabled Person B if Atreats B unfavourably because of something arisingin consequence of B’s disability.

Types of claims:

• “Because of”

• Detriment arising from the disability

• Reasonable adjustments by employer

• Indirect discrimination

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Example of Disability

Discrimination“Amir is a 12-year-old student with autism andsensory difficulties. One day he becomes veryanxious when the fire alarm goes off in school.He stands with his hands covering his ears andis unable to move. The teacher tells Amir to leavethe building but the pupil is frozen to the spot.The teacher shouts at Amir and the situationescalates to a point where the pupil lashes out atthe teacher. Amir is excluded from school for twodays for assaulting the teacher.”

Source: www.westsussex.gov.uk

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Where does the Act apply?

• Services and Public Functions

• Premises

• Work

• Education

• Associations, including Political Parties

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Assumptions

• WHAT assumptions do we make about people?

• WHY do we come to the conclusions we do?

• WHEN do we tend to make these assumptions?

• WHERE can this cause us difficulties?

• HOW can we stop ourselves doing this?

• WHO does it and who does it affect?

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• 18. Practitioners should not allow their professional relationships with clients to be prejudiced by any personal views they may hold about lifestyle, gender, age, disability, race, sexual orientation, beliefs or culture.

• 53. They should not allow their professional relationships with colleagues to be prejudiced by their own personal views about a colleague’s lifestyle, age, gender, disability, gender reassignment, race, sexual orientation, pregnancy and maternity, religion or belief, marriage and civil partnership or sex. It is unacceptable and unethical to discriminate against colleagues on any of these grounds.

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Further information

The Government Equalities Office (GEO)

http://www.equalities.gov.uk/

CIPD - Equal opportunities in

employment

http://www.cipd.co.uk/about/jobs/eqop.ht

m

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http://www.pinktherapy.com/en-

gb/home.aspx

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