The document outlines various aspects of discrimination law, focusing on ageism, disability, gender, race, religion, sexual orientation, and smoking, providing legal considerations and best practices for employers. It discusses the Equality Act and its implications for protecting against discrimination, as well as the need for employers to acknowledge biases and make reasonable adjustments. The document includes exercises, case studies, and guidance for both employers and victims of discrimination.

1. Avoiding claims of discriminationby Fluid June 2010

2. Page 2Contents3-4 Introduction to Fluid5-6 Legal considerations7-8 Discrimination Law Review-green paper9-10 Acknowledgement of bias11-12 Exercise A13-14 Ageism15-25 Disability26-27 Dyslexia28-29 Gender30-31 Race32-33 Religion34-35 Sexual orientation36-37 Smoking38-39 National Dismissal Register40-41 As a victim of discrimination42-43 Yes or no quiz44-48 Equality Act49-50 Case studies51-52 Exercise B53-54 Conclusion and questions

3. Page 3Introduction

4. Page 4Introduction to FluidFluid Consulting Limited (Fluid) is a specialist human resources consultancy headed by Tim Holden MCIPD 10 years in banking10 years in Human Resources consultancyFluid trading since 2006The core services provided by Fluid are:Retention

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

6. Page 5Legal considerations

7. Page 6Legal considerationsLegislation

8. Types of discrimination

9. Direct discrimination

10. Harassment and segregation

11. Indirect discrimination

12. Victimisation

13. Genuine Occupational Requirement

14. Cost of discriminationPage 7Discrimination Law Review-green paper

15. Page 8Discrimination Law Review-green paperIntroduce an equal pay moratorium where employers carry out pay audits and have a set period free from legal challenge within which to identify any inequalities identified

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

19. Extending positive duties in the public sector to cover all grounds of discriminationPage 9Acknowledgement of bias

20. Page 10Need to accept we are biased; without this recognition there can be no progress

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 11Exercise A

24. Page 12Exercise A

25. Page 13Ageism

26. Page 14AgeismTreating people differently on the grounds of age will be direct discrimination unless it can be justified objectively

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

29. Employers can safely retire employees at 65, if they follow the retirement proceduresPage 15Disability

30. Page 16Disability 1 of 10Employers need to be aware of the need to make reasonable adjustments in cases where a provision, criterion or practice places a disabled person at a substantial disadvantage

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

32. The DDA provides non-exhaustive lists of steps to be considered but there are still many grey areas for employersPage 17Disability 2 of 10Employees injured at work may sue for damages in a personal injury claim. If they are disabled, there may also be a discrimination claim under the DDA, if they can prove that the employer has failed to comply with the act’s premises regulations

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

34. Case law suggests that secondary injury to feelings claims are likely to cost more than £1000Page 18HOW FAR SHOULD THE DDA GO?

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

39. Page 19Disability 4 of 10Disability-related discrimination occurs when someone is treated less favourably “ for a reason that related to that person’s disability” than others “to whom that reason does not or would not apply”

40. Establishing disability-related discrimination means asking: Has the disabled person received less favourable treatment for a reason relating to the disability? If so, can the less favourable treatment be justified as being “material to the circumstances of the particular case and substantial”?Page 20Disability 5 of 10CHANGES MADE BY EMPLOYERS TO RECRUITMENT PRACTICES

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

44. Modified the content of person specifications and/or job descriptionsPage 21Disability 6 of 10CHANGES MADE BY EMPLOYERS TO RECRUITMENT PRACTICES

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

50. Sent organisation’s diversity/disability policy to applicantsPage 22Disability 7 of 10MAKING ADJUSTMENTS

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

54. Flashing lights for deaf employees and vibrating alerts for blind workersPage 23Disability 8 of 10Alterations to heavy doors for multiple sclerosis sufferers