One-day training course for an independent production house in London following a tribual ruling regarding disability discrimination.

1. Avoiding claims of discrimination by Fluid June 2010

2. Page 2 Contents 3-4 Introduction to Fluid 5-6 Legal considerations 7-8 Discrimination Law Review-green paper 9-10 Acknowledgement of bias 11-12 Exercise A 13-14 Ageism 15-25 Disability 26-27 Dyslexia 28-29 Gender 30-31 Race 32-33 Religion 34-35 Sexual orientation 36-37 Smoking 38-39 National Dismissal Register 40-41 As a victim of discrimination 42-43 Yes or no quiz 44-48 Equality Act 49-50 Case studies 51-52 Exercise B 53-54 Conclusion and questions

3. Page 3 Introduction

5. Selection- Attraction - Remuneration & Reward - Outplacement - Training & HR consultancy

6. Page 5 Legal considerations

8. Types of discrimination

9. Direct discrimination

10. Harassment and segregation

11. Indirect discrimination

12. Victimisation

13. Genuine Occupational Requirement

16. Develop an ‘equality check tool’ for employers to use, as recommended by the Women and Work Commission

17. Consider introducing a voluntary equality standard scheme, which could be an independently assessed, accredited standard

18. Important role for the Commission for Equality and Human Rights to develop positive action guidance

21. Need to understand what biases we really have.

22. Need to be able to discuss these biases with each other-need to ensure we challenge each other and remain vigilant and alert, not only to our biases but to those of others around usAcknowledgement of bias

23. Page 11 Exercise A

24. Page 12 Exercise A

25. Page 13 Ageism

27. To prove ‘objective justification’ employers have to show their discriminatory actions were a ‘proportionate means of achieving a legitimate aim’

28. Employers concerned about discrimination should identify what they want to achieve, come up with proposals, consult with stakeholders, consider alternatives and take reasonable action

31. An employer has to take reasonable steps to prevent that disadvantage, and there is no defence of justification for failure to comply

33. Employers’ insurance policies generally only cover bodily injuries to employees rather than ancillary discrimination claims that may also arise

35. Certain conditions are deemed ‘disabilities’ for the DDA, including blindness, severe disfigurements, cancer and HIV

36. In other cases, an individual’s condition must meet the statutory definition of disability to be protected under the DDA-but this can often lead to uncertainty particularly in the case of mental impairment

37. Certain conditions are excluded from the DDA such as substance addiction-however providing an impairment falls within the definition of disability its cause is irrelevant

38. Employers should audit all policies and procedures for disability bias and regularly review the effectiveness of procedures for identifying potential disabilities and reasonable adjustmentsDisability 3 of 10

41. Offered a guaranteed interview to any person with a disability who meets essential criteria for the job

42. Included text in recruitment materials to show employer welcomes applicants with disabilities

43. Changed wording and/or images in job ads to give positive impression about commitment to employing people with disabilities

45. Modified the organisation’s website to ensure it is accessible to people with disabilities

46. Made alterations to improve interview access for applicants with disabilities

47. Offered to provide an application form in alternative formats

48. Changed application form to make it easier for people with disabilities to complete

49. Advertised vacancies in the disability press to attract applicants

51. Accommodating the needs of disabled workers extends way beyond installing a ramp or adapting toilet facilities. Forward-thinking employers go out of their way to make the jobs of disabled employers easier and fit in more flexibly to the business, with changes that include:

52. Employing signers to enable deaf people to attend important meetings

53. Identifying products by colour codes rather than numbers

55. Assisting with costs for wheelchairs, hearing aids etc.

56. Allowing dyslexic employees to dictate reports rather than to write them down

57. Disabled car parking adjacent to the office

58. Providing an appropriate environment for hearing dogs/guide dogs

60. Conducting a proper assessment of what reasonable adjustments may be required

61. Altering hours or the place of work

62. Reallocating duties to another employee

64. Likelihood of the adjustment removing or reducing the disadvantage to the disabled person

65. The nature of the employer’s activities and the size of its undertaking

66. The costs the employer will incur and the resources/assistance available

69. Seek confirmation

70. Provide support

71. Use technology

72. Look at your practices

73. Consider individual needs

74. Seek specialist help

77. Glass ceiling

78. Legal situation

81. Terms on which employment is offered

82. Situations in which an employer refuses or deliberately does not offer someone a job

83. Way in which access to opportunities for promotion, transfer or training, or any other benefit, facilities or services is provided

86. Most religious observances can be accommodates in the workplace and employers should be reasonable in their approach to dress

91. Specifies that smoking in an unauthorised place is breaking the law, and will result in disciplinary action and possibly dismissal

92. Has been communicated to all employees and has been applied consistently

93. Treating employees differently for breaking the smoking ban could result in claims for breach of mutual trust and confidence and constructive dismissalSmoking

94. Page 38 National Dismissal Register

96. Discrimination claims

97. Data protection compliance

98. Defamation actions

99. Unfair dismissal claims

102. Keep a diary of incidents which record how you felt as well as the bare facts

103. Stay cool and rational in any discussions

104. Follow the proper procedures if the discrimination is unlawful

107. 2. Fixing a maximum age limit for a job when recruiting

108. 3. An unfair dismissal claim by a 68 year-old

109. 4. Giving a 40th birthday card that says “now you’re over the hill”

110. 5. Awarding sabbaticals after 10 years’ service

113. The basic framework of protection against direct and indirect discrimination, harassment and victimisation in services and public functions; premises; work; education; associations, and transport.

114. Changing the definition of gender reassignment, by removing the requirement for medical supervision.

116. Clearer protection for breastfeeding mothers; Applying the European definition of indirect discrimination to all protected characteristics.

117. Extending protection from indirect discrimination to disability.

118. Introducing a new concept of “discrimination arising from disability”, to replace protection under previous legislation lost as a result of a legal judgment.

120. Harmonising the thresholds for the duty to make reasonable adjustments for disabled people. Extending protection from 3rd party harassment to all protected characteristics. Making it more difficult for disabled people to be unfairly screened out when applying for jobs, by restricting the circumstances in which employers can ask job applicants questions about disability or health.

123. Page 50 Case studies

124. Page 51 Exercise B

125. Page 52 Exercise B

126. Page 53 Conclusion & Questions

127. Page 54 Conclusion Summary Questions