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Equalities and cohesion duties for managers
Course objectives By the end of this session, you will be able to : Understand prejudice and discrimination – including institutional discrimination Reflect on you own experiences and prejudices and how they effect your own behaviour and attitudes Differentiate between acceptable and unacceptable uses of language, and change their use if necessary Describe and access key equality legislation, council policies and best practice Recognise direct and indirect discrimination, victimisation, harassment and positive action Describe the principle requirements of disability legislation and contrast medical and social models of disability
Course Structure I ntroduction Organisational Culture Understanding Prejudice and Discrimination The Equalities Act 2010 The nine strands – race, gender, religion or belief, sexual orientation, marriage and civil partnership, pregnancy and maternity, age, disability and transgender
Diversity or Equality ? Diversity awareness is about understanding and accepting that we live and work in a society where everyone is different. This does not mean that one person or group is any better or worse than the next – just different. And, based on this acceptance, all people should be treated according to their needs. Equality is about treating all people the same, regardless of their individual needs
Diversity, Equality and cohesion are not... about ‘Political Correctness ’ about ‘Moving the Goal Posts’ flavour of the month another tick in the box
Why bother? Us Our values Our communities Good Practice The Law Our organisation Our ethics
Our communities Age – ONS mid year estimates for 2011 suggest Manchester has a resident population of 498,780 – 23.5% are under 20 – Almost 14% are over 60
Our communities Disability – 21.51% of Manchester residents have a limiting long term illness (higher than NW [20.7%] 0r England [17.3%]) – In 2011 approximately 11.5% of Manchester’s population will have some form of disability (March 2011, Corporate Research and Intelligence)
Our communities Ethnicity Estimates, mid 2009 White British 338, % White (other) 35,7007.3% Mixed race 15,8003.3% Asian or Asian British54, % Black or Black British23,4004.8% Chinese 8,5001.7% Other8,1001.6% ONS, 2011
Our communities Gender – Population : 48.7% male, 51.3% female (2004 ONS) – Council : ?% male, ?% female – Senior officers : ?% of the top earners were female – Elected members : ?% male, ?% female
Our communities Sexual orientation –No census figures – it is hoped that the 2011 census will provide data –Estimates of the lesbian, gay and bisexual population range from 7-10% of the population, so probably between 27,000 and 39,000 LGB people living in Manchester –Manchester also has large numbers of LGB tourism/visitors –0.44% declare that they live in same sex couple, compared to 0.197% in England (ONS)
Equalities review Definition of an equal society: – An equal society protects and promotes equal, real freedom and substantive opportunity to live in the ways people value and would choose, so that everyone can flourish. – An equal society recognises people’s different needs, situations and goals and removes the barriers that limit what people can do and can be.
Equalities Review An equal society (continued): – Vitally, this definition also recognises our diversity: equality does not mean sameness, nor should an equal society try to force everyone into the same mould. On the contrary, the pursuit of equality is about empowering people to live their dreams, to be themselves and to be different, if they wish.
Equalities review (chapter 3) This chapter: – argues that though most kinds of inequality amplify the effects of other types of inequality, some are more serious because they set off a ‘cascade’ of further disadvantage; – identifies four of the areas in which equality gaps are most likely to cause further inequalities: early years and education, employment, health, and crime and criminal justice;
Culture Learned behaviours of a group of people Generally considered to be their tradition Transmitted from generation to generation
Organisational Culture Cultures within A Culture ‘The way we do things around here’ ‘How we think around here’ Who is Stirling Council? Terminology Organisational culture has both positive and negative features. We need to change the negative culture
Stereotyping A stereotype is a prejudicial mental image held about particular groups of people which is based around false, (and/or) distorted, (a/o) simplified (a/o) incomplete knowledge about them. Labelling is similar but has a wider anti- social connotation about biased mental images, often based on the earlier work of scientists who tended to classify groups on a superior-inferior scale.
Understanding Prejudice and Discrimination
Prejudice & Discrimination Prejudice = what we think Discrimination = actions we take or things we say which are affected by prejudice
Sources of Prejudice Power Vulnerability Ignorance Conformity Upbringing : values, attitudes and standards learned from parents, school, friends, workplace, media, religion
Notion of Being English What are the traits, characteristics, commonalities etc which make up and define the English ?
Ethnocentrism Ethnocentrism is ‘the making of judgements about others’ behaviour and cultures based upon your own culture as the norm; viewing others through the eyes of your own culture’ ’ Another definition is ‘the feeling that a group’s mode of living and values are superior to those of other groups’ Ethnocentrism is a form of prejudice Ethnocentric beliefs may lead to racial behaviour
Paradigm of Prejudice & Discrimination Prejudice is what we think or believe Discrimination is what we do or say based on prejudice Prejudiced Discriminator Prejudiced Non-Discriminator Non-Prejudiced Discriminator Non-Prejudiced Non-Discriminator
Responses to Dominance Exercise on bullying Can you think of a time when you were bullied? How did you feel? What did you do about it?
The Equalities Act 2010 Before – Over 40 pieces of equality law 9 pieces of primary legislation Many more statutory instruments (about 116 in total) British equality law had grown piecemeal from the 1960s onwards; the new act looks to simplify, strengthen, streamline and harmonise the law.
Definitions of discrimination Direct discrimination Discrimination by Association Perception Discrimination Indirect Discrimination
Definitions of discrimination Harassment - is ‘unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual’. Third party harassment Victimisation
The Protected Characteristics Age Disability Gender reassignment Marriage and civil partnership Pregnancy and maternity Race Religion or belief Sex Sexual orientation
More features of the Equality Act Discrimination arising from disability Duty to make reasonable adjustments Pregnancy and maternity discrimination Positive action
More features of the Equality Act The public sector Equality duties – General duty – Specific duty
General duty Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act. Advance equality of opportunity between people who share a protected characteristic and those who do not. Foster good relations between people who share a protected characteristic and those who do not
Specific duty Publish Equality information Prepare and publish equality objectives
In-house Equality unit Equality policies Bullying and harassment policies Equality impact assessments Community impact assessments
What are you going to do? You walk past an office. A senior manager is practising putting in there – it’s his office. He is putting the golf balls between the legs of a complicit female employee, who is lying on the floor with her legs akimbo. Other female members of staff are present, most laughing.
Racism “The theory or idea that there is a link between inherited physical traits and certain traits of personality, intellect or culture, combined with the notion that some races are superior to others”
“ IF YOU WANT A NIGGER NEIGHBOUR VOTE LABOUR ”
Racism – Key Elements Having a belief that there are different races, and That one race is superior to another/others, and then Treating people less favourably because of different skin colour ethnic background etc or because of their association with such people
Racism Passive Racism is ‘where a person witnesses racism taking place and disagrees with racism but does not challenge it. The person therefore appears to condone the racist act’ Pro-racism is ‘where a member of a minority group accepts racism without challenge or ‘turns a blind eye’ to it’
Institutional Racism/Discrimination ‘The collective failure of an organisation to provide an appropriate professional service to people because of their colour, culture, or ethnic origin. It can be seen or detected in processes, attitudes and behaviour which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness and racist stereotyping which disadvantage minority ethnic people’ Sir William MacPherson
Barriers to Communication Derogatory language Intention –v- impact Cross cultural differences in language Cross cultural differences in body language Symbolic communication
Definition of Hate Crime Hate Crime Any incident, which constitutes a criminal offence, which is perceived by the victim or any other person as being motivated by prejudice or hate. Hate Incident Any incident, which may or may not constitute a criminal offence, which is perceived by the victim or any other person, as being motivated by prejudice or hate
Nature of Hate Crime ‘Even apparently trivial incidents can have a most devastating effect upon quality of life and, if they persist, can destroy lives, health and self esteem, with whole communities being affected’
Organisational areas of concern Lack of trust Harassment and intimidation Reporting of racist incidents Mix of nationalities Language barriers Employee issues
Religion or belief
In the Equality Act, religion includes any religion. It also includes a lack of religion. Additionally, a religion must have a clear structure and belief system. Belief means any religious or philosophical belief or a lack of such belief. Religion or belief
Disability Diversity Awareness
Disability What does it mean? What’s your experience?
When is a person disabled? A person has a disability if they have a physical or mental impairment, which has a substantial and long- term adverse effect on his ability to carry out normal day-to-day activities.
Disability Discrimination Act 1995 Makes treating people with disabilities less favourably than other people, without justification, unlawful in areas such as buying goods, using services, finding somewhere to live and getting a job.
Any step that it is reasonable to have to take in the circumstances The adjustment should ensure that: Employment arrangements or premises do not put a disabled person at a disadvantage in comparison to a non disabled person What is a reasonable adjustment?
Reasonable adjustments include: making adjustments to premises allocating some of the disabled person’s duties to another person transferring the person to fill an existing vacancy altering the person’s hours of working or training assigning the person to a different place of work or training allowing the person to be absent during working or training hours acquiring or modifying equipment
UK employment statistics % of non-disabled people in employment % of disabled people in employment Men86% Women79% Men 48% Women45%
Models of disability Medical - ‘Fixing the person’ who is disabled Social - ‘Fixing society’ to make it inclusive for all
Words Handicapped The disabled Cripple Disabled people or people with disabilities Mentally handicapped Retarded Person with learning difficulties Wheelchair boundWheelchair user SpasticPerson with cerebral palsy Deaf and dumb The deaf Deaf person Hearing impaired Mongol Spastic Person with Down’s syndrome Dwarf Vertically challenged Person of small stature
Covered by all 7 forms of discrimination Genuine Occupational Requirement
Causes of Sexism Influence of socialisation Exclusionary language Physiological
Pro-sexism Definition Behaviours by members of a minority group which accommodates the dominant group’s sexism, by reinforcing and encouraging it rather than questioning or challenging it. Reinforcing Usually involves some form of participation Encouraging Can be merely saying nothing and appearing to accept the behaviour
Sexual Harassment ‘Unwanted conduct of a sexual nature, or other conduct based on sex affecting the dignity of women and men at work.’ ‘This can include unwelcome physical, verbal or non-verbal conduct.’
What does “At Work” mean? Includes team nights out, training courses, conferences, corporate functions etc There must be a connection with work
Features of Sexual Harassment Behaviour mostly directed towards woman by men Behaviour is initiated by perpetrator and is unwanted by victim There is often a power differential between perpetrator and victim Content and behaviors include verbal and non- verbal elements (directly or indirectly affecting the victim) Behaviour causes harm to victim Not a gender issue - both men and women can be victims or offenders, regardless of their sexuality
Intention v Impact The intention of the harasser is irrelevant It is the impact on the recipient that matters What is acceptable is to be determined from the complainant’s viewpoint Not necessary for a victim to make a public fuss to indicate disapproval
Sexual Orientation L.G.B.T.
Language Lesbian Gay men Bisexual Heterosexual Transgender Females who are emotionally and/or physically attracted to a member of the same sex. Males who are emotionally and/or physically attracted to a member of the same sex. Someone who is physically and/or emotionally attracted to both sexes. Person physically and/or emotionally attracted to members of the opposite sex. Men or Women born as one gender but who identify with the other sex.
Born To ? - Choose To ? “If I could tell everyone in the world just one thing about being a lesbian it would be that it isn’t a choice. I never chose to be gay and I never wanted to be. Why would I? But there was nothing I could do about it. It chose me. I’ve known since about thirteen but I refused to accept it until about nineteen or twenty. That’s how it is for a lot of people”.
Crime Survey of Gay Men 57% of gay men had suffered harassment in the previous 12 months 18% of gay men had been victims of violent crime in the previous twelve months - Compared to 3% of all males in the UK Only 12% of gay men reported incidents to the police
Trans People Transvestite - A person who feels a strong compulsion to dress in the clothes of the opposite sex Transgender - A person who may seek medical or surgical alterations to their body with a view to living as a member of the opposite sex to that recorded at birth
Trans People Gender Dysphoria - Not a disease therefore, no cure Transvestites - Estimated 1 in 100 males Transgender - Estimated 1 in 15,000 People should be treated as a member of the sex they present as Most official documents can be changed, including the birth certificate
Gender reassignment (new definition) The Act provides protection for transsexual people. A transsexual person is someone who proposes to, starts or has completed a process to change his or her gender.
The Act seeks to protect people of all ages. However, different treatment because of age is not unlawful direct or indirect discrimination if you can justify it – ie. if you can demonstrate that it is a proportionate means of meeting a legitimate aim. Age is the only characteristic that allows employers to justify direct discrimination.
Marriage and Civil Partnership
The Act protects employees who are married or in a civil partnership against discrimination. Single people are not protected.
Pregnancy and Maternity
A woman is protected against discrimination on the grounds of pregnancy and maternity during the period of her pregnancy and any statutory maternity leave to which she is entitled. During this period, pregnancy and maternity discrimination cannot be treated as sex discrimination. You must not take into account an employee’s period of absence due to pregnancy-related illness when making a decision about her employment.