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...
Who am I   Early years in Jamaica   Hungary   UK   Career
Global Diversity Partners    Diversity Consulting    Diversity Events    Diversity Marketing    Diversity Recruitment ...
Diverse Magazine  www.diversemag.co.uk
What is Equality?
What is Diversity?
Diversity:valuing everyone as an individual –valuing people as employees,customers and clients -The uniquenessof all indiv...
Valuing Diversity   Everyone is a unique person   Differences include visible and    non-visible factors   Some persona...
Elements of Diversity                            Income   Race                            Education   Gender   Religi...
How the concept has         developed   1970’s legislation covering equal pay, sex    and racial discrimination   1990’s...
The Legislation   Race - The Race Relations Act 1976 as amended by the Race Relations    (Amendment) Act 2000 and the Rac...
The Equality Act 2010   Received Royal Assent in April 2010   Strengthen the law by:   Banning age discrimination   Al...
The Equality Act 2010   Streamline the law by:   Distilling nine pieces of legislation into a single    Act   Creating ...
The Equality Act 2010   Protected Characteristics :   Age, Disability, Gender reassignment,    Marriage and Civil partne...
Protected Characteristics (s.4and 9)   Race means Colour, Nationality, Ethnic    or National Origin (s.9)   Nationality ...
Direct Discrimination s.13   A person (A) discriminates against    another (“B”) if, because of a protected    characteri...
Indirect Discrimination s.19   A person (A) discriminates against another (B)    if (A) applies to (B), without justifica...
Third Party Harassment   The Act makes a employer liable in the case of    harassment of its employees by third parties, ...
Public Duty       A Public Authority must have due regard to the need to:   a) eliminate discrimination, harassment,    v...
Relevant Liverpool issues   The Queen on the application of Alma Lunt &    Allied Vehicles Ltd v Liverpool City Council  ...
Relevant Liverpool issues   Need continued access to culture in Liverpool    – by different cultures, races, and people w...
Relevant Liverpool issues   Ruth continues “Equalities is about    putting action in place and we need to    see how the ...
Difference between Diversity and       Equal OpportunitiesBased on Rationale:Equal Opportunities reflects a moralconcern f...
Principles of                 Multi-culturalism   Every culture has the right to exist and there is    no over-arching th...
QUESTIONS
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Equality and Diversity

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Presentation to members of the Liverpool City Council's Culture and Tourism Select Committee on Equality and Diversity in the UK, focusing on the city of Liverpool

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  • Born in Jamaica, went to Kingston College High School and then left Jamaica in 1987 on a scholarship to study Chemical Engineering in Hungary. It was from a special relationship that was fostered by the then Prime Minister, Michael Manley who had created exchange university programmes with various so called Easter Bloc countries. I would young and up for a challenge, added to that I was a member of young Peoples National Party, and had some insight on the programmes. Suffice to say I went to Hungary in 1987, studied the language in the first year, did two degrees in Chemical Engineering (BSc) and Chemical Control Engineering (MSc) which I completed in 1993. I came straight to the Liverpool after and did a MBA at the University of Liverpool. The rest, as they say, is history as I remained in the UK and developed my career here. This includes, a few years in urban regeneration, particularly as it impacts on the built environments. This was working very closely with Shokoya Eleshin Construction (then the only Black Construction company in Liverpool) working on various projects with Riverside and Cosmopolitan HA’s. I also did some time as SME business consultant working on ESF projects with Business Link and NWDA. I then set up Fortis Marketing Ltd in 2003, founded Diverse Magazine in 2005, and then Global Diversity Partners in 2011. Equality and Diversity is everything to me and the majority of my career has been involved in this space – promoting social inclusion in society, business and any other ways possible.
  • GDP is a diversity management consulting company that promotes the social and business benefits of diversity and inclusion. We work with organisations to ensure that they develop the best workforce diversity strategies that will allow them to be successful in the marketplace. This involves Consulting (for example organisation strategy, surveys, culture analysis, benchmarking and auditing.; Event Management (for example BHM, NBPA, One World Festival); Marketing (ensuring organisations can attract multicultural audiences); Recruitment and Training
  • Diverse Magazine has been going strong since 2005, when it partnered with Liverpool Black History Month Group (as it was then) to produce the first edition that covered BHM events (plus more) in 2005. We have produced Special editions on Race, Gender, Disability, Age as well as Bicentenary of the Abolition of Slavery Act 2007 which included many articles on the new ISM, Capital of Culture, Year of the Environment. The magazine is predominantly online now with a subscription list of approximately 15,000 receiving regular newsletters o diversity issues.
  • Equality 101. People often think equality works like the picture on the left. Actually it's the one on the right. Some may say it depends on your view, some prefer equality of resources over equality of welfare But I say It's equality of outcomes rather than equality of treatment ... the former being the only kind that matters in practice
  • - Primary elements-- things we cannot control - Secondary elements -- things we have some control EVERYONE IS INCLUDED IN THESE ELEMENTS/DEFINITION
  • Simplifying the definition of disability discrimination You’re disabled under the Act if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities. What ‘substantial’ and ‘long-term’ mean ‘ substantial’ is more than minor or trivial - eg it takes much longer than it usually would to complete a daily task like getting dressed ‘ long-term’ means 12 months or more - eg a breathing condition that develops as a result of a lung infection There are special rules about recurring or fluctuating conditions, for example, arthritis.
  • We also need to pay more attention to Equality Impact Assessment/Analysis What are we looking for? Direct discrimination, Indirect discrimination, inequalities (that doesn’t come under direct or indirect), disproportionate access, disproportionate experience, disproportionate outcomes. Nevermind what David Cameron said, we must demonstrate that we pay due regard, so 1. Who will be discriminated against 2. who within the protected characteristics will be discriminated against 3. Are we still justified in doing the act?
  • Equality and Diversity

    1. 1. Equality and DiversityCulture and Tourism Select Committee 2013 By Garth Dallas
    2. 2. 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
    3. 3. Who am I Early years in Jamaica Hungary UK Career
    4. 4. Global Diversity Partners  Diversity Consulting  Diversity Events  Diversity Marketing  Diversity Recruitment  Diversity Trainingwww.diversitypartners.co.uk
    5. 5. Diverse Magazine www.diversemag.co.uk
    6. 6. What is Equality?
    7. 7. What is Diversity?
    8. 8. Diversity:valuing everyone as an individual –valuing people as employees,customers and clients -The uniquenessof all individuals; includes everyone.
    9. 9. 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
    10. 10. Elements of Diversity  Income Race  Education Gender Religion  Marital Status Disability  Geographic Location Sexual Orientation  Parental Status Age  Personality Type Trans-gender  Physical Characteristics
    11. 11. 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)
    12. 12. 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
    13. 13. 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
    14. 14. 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?
    15. 15. The Equality Act 2010 Protected Characteristics : Age, Disability, Gender reassignment, Marriage and Civil partnership, Pregnancy and Maternity, Race, Religion and belief, Sex, Sexual Orientation
    16. 16. Protected Characteristics (s.4and 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.
    17. 17. 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]
    18. 18. 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.
    19. 19. 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.
    20. 20. 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.
    21. 21. 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
    22. 22. 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!”
    23. 23. 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.
    24. 24. Difference between Diversity and Equal OpportunitiesBased on Rationale:Equal Opportunities reflects a moralconcern for social justice.Negative? ie failure to comply carrypenaltiesDiversity = Positive, Relationship,recognizing and valuing differences
    25. 25. 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
    26. 26. QUESTIONS

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