Equality and DiversityCulture and Tourism

Select Committee 2013

By Garth Dallas

Members Check Can everyone see the screen

clearly? Can everyone hear me? If there is anything else that you

would like me to do to help your participation in this presentation then let me know

Who am I

Early years in Jamaica Hungary UK Career

Global Diversity Partners

Diversity

Consulting

Diversity Events

Diversity Marketing

Diversity

Recruitment

Diversity Trainingwww.diversitypartners.co.uk

Diverse Magazinewww.diversemag.co.uk

What is Equality?

What is Diversity?

Diversity:

valuing everyone as an individual – valuing people as employees, customers and clients -The uniqueness of all individuals; includes everyone.

Valuing Diversity Everyone is a unique

person Differences include visible and non-visible factors

Some personal characteristics are covered by discrimination law

race, disability, gender, religion and belief, sexual orientation, age, transgender

Elements of Diversity

Race Gender Religion Disability Sexual

Orientation Age Trans-gender

Income

Education

Marital Status

Geographic Location

Parental Status

Personality Type Physical

Characteristics

How the concept has developed

1970’s legislation covering equal pay, sex and racial discrimination

1990’s Disability Laws

More recently age, sexual orientation and religion to satisfy European law

Equality and Human Rights Commission (2007)

The Legislation

Race - The Race Relations Act 1976 as amended by the Race Relations (Amendment) Act 2000 and the Race Relations Act 1976 (Amendment) Regulations 2003.

Gender - Sex Discrimination Act 1975 (SDA) as amended by the Sex Discrimination Act (Amendment) Regulations 2003.

Disability - The Disability Discrimination Act (DDA) 1995 as amended by the Disability Discrimination Act 2005

Sexual Orientation - The Employment Equality (Sexual  Orientation) Regulations 2003, which came into force on 1 December 2003. Civil Partnership Act 20

Age - The Employment Equality (Age) Regulations 2006 came into force in October 2006

Religion and beliefs - The Employment Equality (Religion or Belief) Regulations 2003, which came into force on 2 December 2003.

Transgender - Gender Recognition Act 2004

The Equality Act 2010

Received Royal Assent in April 2010 Strengthen the law by: Banning age discrimination Allowing for multiple discrimination Increasing transparency and reporting Extending the scope for positive action Extending the period during which women-

only shortlists are allowed Strengthening enforcement, for example, by

allowing tribunals to make wider recommendations in discrimination cases

The Equality Act 2010

Streamline the law by: Distilling nine pieces of legislation into a

single Act Creating a single new Equality Duty on

public bodies Simplifying the definition of disability

discrimination? Has it done so?

The Equality Act 2010

Protected Characteristics: Age, Disability, Gender reassignment,

Marriage and Civil partnership, Pregnancy and Maternity, Race, Religion and belief, Sex, Sexual Orientation

Protected Characteristics (s.4 and 9) Race means Colour, Nationality,

Ethnic or National Origin (s.9) Nationality - can be acquired by birth

or by other means. Akin to citizenship. National Origin - means more than

nationality. Ethnic origin - Mandla v Dowell Lee -

a long shared history and a cultural tradition of its own.

Direct Discrimination s.13 A person (A) discriminates against

another (“B”) if, because of a protected characteristic (A) treats (B) less favourably than A treats or would treat others.

Associative & Perception Discrimination Weathersfield v Sergeant [1999] Serco v Redfern [2006]

Indirect Discrimination s.19

A person (A) discriminates against another (B) if (A) applies to (B), without justification a “provision, criterion or practice” PCP which is discriminatory in relation to a relevant protected characteristic of (B)

B must show that it does or would put persons with whom (B) shares the characteristic at a particular disadvantage when compared with persons who do not share it and it puts or would put B at a disadvantage.

Third Party Harassment

The Act makes a employer liable in the case of harassment of its employees by third parties, such as maintenance contractors over whom the employer does not have a direct control, unless the employer has taken reasonable steps to prevent the third party doing so

This only applies if the employer knows that the employee has been harassed on at least two previous occasions. It does not have to be the same person on each occasion.

Public Duty A Public Authority must have due regard to the need to:

a) eliminate discrimination, harassment, victimisation and any other conduct that is prohibited under the Act

b) advance equality of opportunity between persons who share a relevant protected characteristic and person who do not share it

c) foster good relations between persons who share a relevant protected characteristic and person who do not share it.

Relevant Liverpool issues The Queen on the application of Alma

Lunt & Allied Vehicles Ltd v Liverpool City Council (July 2009) CO/6158/2008. 

First successful challenge to the public functions provisions of the DDA, Equality and Human Rights Commission intervened and supported the successful applicant in this case concerning Liverpool City Council’s decision not to license taxis that were more suitable and provided greater choice of transport for wheelchair users

Relevant Liverpool issues Need continued access to culture in

Liverpool – by different cultures, races, and people with various impairments.

Ruth Gould: “One of the issues I come across is loops not being maintained – in the Epstein Theatre the newly refurbished theatre, funded by City, is not using the resources for access. I have requested loop for two recent events to no avail - at the last one I was told no one in the new team knows how to switch it on!”

Relevant Liverpool issues Ruth continues “Equalities is about

putting action in place and we need to see how the cultural organisations provide, monitor and include disabled people, particularly in these austere times.”

City involvement in BME cultural organisations.

Difference between Diversity and Equal Opportunities

Based on Rationale:

Equal Opportunities reflects a moral concern for social justice. Negative? ie failure to comply carry penalties

Diversity = Positive, Relationship, recognizing and valuing differences

Principles of Multi-culturalism

Every culture has the right to exist and there is no over-arching thread that holds them together

People have their own cultural beliefs and they happily coexist – but there is a common thread of Britishness (or whatever you wish to call it) that holds society together

QUESTIONS