2. What does the Equality Act do?
“Harmonises discrimination law, and strengthens the
law to support progress on equality".
streamlines and combines previous legislation to
make things easier for individuals, businesses,
charities, service providers and employers
Provides new measures to fight discrimination
Extends previous protections to cover 7 equality
‘strands’ plus marriage and civil partnerships,
pregnant women and new mothers.
3. Who is covered by the Act?
Protects against discrimination, bullying,
harassment and victimisation on grounds of ...
Age (over 18)
Disability (including sensory and learning)
Gender reassignment (transgender)
Marriage and civil partnership
Pregnancy and maternity
Race
Religion or belief
Sex
Sexual orientation (Lesbian, Gay, Bisexual)
4. Headline provisions
Public Sector Equality Duty (PSED) and specific duties applying to parish
and town councils as well as all other public bodies
Public procurement to ‘lever in’ E&D
Gender pay gap: transparency and voluntary pay reporting
Age discrimination – goods, facilities and services
Protections for carers
Positive action e.g. in recruitment of staff/volunteers etc (voluntary)
Stronger Employment Tribunal powers
Protection against discrimination for breastfeeding mothers
Bans discrimination in private clubs
Stronger protections for disabled people
5. The Public Sector Equality Duty
In the performance of all public functions public bodies
(and those delivering services on their behalf) must pay
due regard to the need to
Eliminate discrimination – 9 protected characteristics
Advance equality of opportunity, and
Foster good relations…
... in the design and delivery of public services
Equality impact analysis on service development,
delivery, review, changes...
Grants: Equality Act compliance should be part of the
conditions for funding
6. Public procurement
£80 billion public funds spent on buying-in services
(probably increasing with ‘Big Society’ agenda)
Public bodies expected to fulfil Equality Duty in
procuring goods and services
All organisations bidding for public contracts need to
ensure E&D practice meets public sector duty
Equality South West - Equality Standard
7. Inclusion in the countryside?
LGB&T survey: where respondents live
Type of area
% contributors
City
39%
Large town
16%
Small town
22%
Village/rural area
23%
No. contributors
110
46
62
64
8. The impact of discrimination and
isolation
“Social exclusion involves not only social but
also economic and psychological isolation...
The best way to make a start on helping them
live healthier lives is to ...provide support to
enable them to participate in society...”
(Our Healthier Nation: A contract for health. HMSO1998)
9. Everyone included?
“(there needs to be) greater public awareness and
acceptability in the more rural parts of the SW...”
“I've found that it is people in the small towns and
villages that have the more conservative views.”
“I think being lgbt does affect opportunities to take
part in local councils or local voluntary organisations
etc. especially in small local communities.”
“Becoming disabled ... made me realise that I could not
hide from anyone who wanted to discriminate on
grounds of disability. If you live here as I do in a village
you are quite isolated from your lgbt "family" and in
my case my disabled "family".
10. Everyone included?
“I thought (the note) might be the next door neighbour
inviting me for coffee. It said ‘we don’t want n****rs (here)’.
So that was my introduction to XXXX village.” (Black lawyer)
“It seems very problematic for me to get my voice heard, you
know? … to get involved with the local council or the parish,
they really don’t see me ...” (Filipino nurse)
“When I’m walking down the lane or something and I meet
one of the farmers, they don’t expect me to be intelligent or
articulate, because ... I’m an ‘exotic species’ of woman … feels
like a battle – really”. (Black training consultant)
“… when I came here (from London) I found I don’t feel safe
and for me it’s part of being a Black woman and standing out
… it’s such a small village... when you’re ‘the only Black
person in the village’ you do feel unsafe.” (Voluntary Sector
worker)
11. Including everyone: things you can do
Check that you have an up to date equality
policy and actions
Make your inclusion visible – posters
Invite people to tell you how you can improve
on equalities and inclusiveness
Co-opting expertise - women, young people,
disabled people, LGB&T and BME people to
advise your committee/parish council etc.
12. Useful resources from
RO-LI project resources
http://developbanes.ning.com/page/equality-impactassessment
Equality South West www.equalitysouthwest.org.uk
Government Equalities Office:
For questions about the Equality Act and how it affects you email: enquiries@geo.gsi.gov.uk
Government Equalities Office website
http://www.equalities.gov.uk/equality_act_2010.aspx
EHRC Non-statutory guidance and Statutory Codes of
Practice – Jan 2011, and
EHRC Equality Act Toolkit:
www.equalityhumanrights.com/equalityact/
Editor's Notes
Introduction
Direct discrimination: because of a protected characteristic.
Indirect discrimination: a rule or policy that applies to everyone and disadvantages a person with a protected characteristic.
Harassment: offensive behaviour including when it's not directed at the complainant.
Harassment by a third party: employers are potentially liable for the harassment of staff or customers by people they don't directly employ, such as a contractor.
Victimisation: discrimination against someone because they made or supported a complaint under Equality Act legislation.
Discrimination by association: direct discrimination against someone because they are associated with a person with a protected characteristic. (includes carers of disabled or elderly relatives, partners of BME people)
Discrimination by perception: direct discrimination against someone because others think they have a protected characteristic.
Direct discrimination: discrimination because of a protected characteristic.
Indirect discrimination: when a rule or policy that applies to everyone disadvantages a person with a protected characteristic.
Harassment: behaviour deemed offensive by the recipient including when it's not directed at the complainant.
Harassment by a third party: employers are potentially liable for the harassment of staff or customers by people they don't directly employ, such as a contractor.
Victimisation: discrimination against someone because they made or supported a complaint under Equality Act legislation.
Discrimination by association: direct discrimination against someone because they are associated with a person with a protected characteristic. (includes carers of disabled or elderly relatives, partners of BME people)
Discrimination by perception: direct discrimination against someone because others think they have a protected characteristic.
Invisible characteristics, e.g.
Hearing and visual impairments
Hidden disabilities such as epilepsy, mental health and learning disabilities such as dyslexia,,
Sexual orientation
Mental health effects on LGB people, BME, transgender, women
Drug and alcohol dependency
Suicide and attempted suicide among Transgender
Prescribed drug usage