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The Equality Act

Everyone included?
Brenda Weston
Policy and Research Officer
Equality South West
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.
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)
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
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
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
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
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)
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".
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)
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.
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/

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Equality act rural areas

  • 1. The Equality Act Everyone included? Brenda Weston Policy and Research Officer Equality South West
  • 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

  1. Introduction
  2. 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.
  3. 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
  4. Mental health effects on LGB people, BME, transgender, women Drug and alcohol dependency Suicide and attempted suicide among Transgender Prescribed drug usage