Presentation on theme: "Equalities and cohesion duties for managers"— Presentation transcript:
1 Equalities and cohesion duties for managers www.robinifflatraining.co.uk
2 Course objectives By the end of this session, you will be able to : Understand prejudice and discrimination – including institutional discriminationReflect on you own experiences and prejudices and how they effect your own behaviour and attitudesDifferentiate between acceptable and unacceptable uses of language, and change their use if necessaryDescribe and access key equality legislation, council policies and best practiceRecognise direct and indirect discrimination, victimisation, harassment and positive actionDescribe the principle requirements of disability legislation and contrast medical and social models of disabilityRobin
3 Course Structure Organisational Culture IntroductionOrganisational CultureUnderstanding Prejudice and DiscriminationThe Equalities Act 2010The nine strands – race, gender, religion or belief, sexual orientation, marriage and civil partnership, pregnancy and maternity, age, disability and transgenderIntroductionHousekeepingFire, toilets, coffee/tea, no lunch, timings, lunch at 1230 (negotiable length of break), mobile phones off (unless on call).Introduce selfParticipant introductionname, job, service, length of time in CouncilSafe learning environment, not judgmentalConfidentiality (get agreement off participants)facilitators will challenge inappropriate behaviour. Participants are able to challenge inappropriate behaviour from facilitators.Go through structure (slide)Participants may feel some level of discomfort; ‘if you need space - take it; if you need to leave, tell us)
4 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 needsWhat’s diversity?What’s equal opportunities?Equal opportunities is about providing the same (opportunity) for all.Diversity is about recognising that we all have different needs, and that we should try and provide ‘structures’ to meet diverse needs.Think difference between (MBTI) T & F: F thinks about the individual needs in problem solving; T considers the same solution for all.
5 Diversity, Equality and cohesion are not... about ‘Political Correctness’about ‘Moving the Goal Posts’flavour of the monthanother tick in the boxWhat it’s not
6 Why bother? Our organisation Good The Law Practice Us Our Our values communitiesGood practicethink B&Q, M&S employing ‘older’ workers: they use their experience; they put more money into the community; the ‘older’ workers attract ‘older’ clients that may not like cocky young whippersnappersOur organisationThe Council’s Race Equality plan (all know about it?) demands that we a) run this trainingwe have Equality policiesThe lawthere are dozens of laws about equality and diversitywe will be covering 6 specificallyOur communitieswe serve diverse communities of citizens, businesses, tourists and employeesOur ethicswhat we (personally) believeScottish exec (and Westminster) want us to be equal and diverseOur ethics
7 Our communitiesAgeONS mid year estimates for 2011 suggest Manchester has a resident population of 498,78023.5% are under 20Almost 14% are over 60
8 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)
9 Our communities Ethnicity Estimates, mid 2009 White British 338, %White (other) 35, %Mixed race 15, %Asian or Asian British 54, %Black or Black British 23, %Chinese 8, %Other 8, %ONS, 2011
10 Our communities Gender Population : 48.7% male, 51.3% female (2004 ONS)Council : ?% male, ?% femaleSenior officers : ?% of the top earners were femaleElected members : ?% male, ?% female
11 Our CommunitiesReligion UK Manchester Christian 71.74% 62.42% Buddhist 0.28% 0.55% Hindu 1.11% 0.73% Jewish 0.52% 0.78% Muslim 3.10% 9.12% No religion 14.59% 15.97%
12 Our communities Sexual orientation No census figures – it is hoped that the 2011 census will provide dataEstimates 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 ManchesterManchester also has large numbers of LGB tourism/visitors0.44% declare that they live in same sex couple, compared to 0.197% in England (ONS)
13 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.
14 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.
16 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;
18 Culture Learned behaviours of a group of people Generally considered to be their traditionTransmitted from generation to generationSome definitions of culture (more on next slide)How does a new person learn about the organisation? Not the formal induction or job training, more the feeling, sound, smell, touch of the organisation’s overt and covert ways of behaving.Organisational Culture team - what we are about, developing the culture of the organisation
19 Organisational Culture Cultures within A Culture‘The way we do things around here’‘How we think around here’Who is Stirling Council?TerminologyOrganisational culture has both positive and negative features.We need to change the negative cultureMore about culture
20 StereotypingA stereotype is a prejudicial mental image held about particular groups of people which is based aroundfalse, (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.First honesty session. Ask participants to give their first (and honest) reaction to an inflammatory subject of his choice! Current favourites are :asylum seekersimmigrantsalthough the subject can be changed (by both facilitators’ agreement) to cover whatever is topical in the tabloids.This then leads on to the next few slides about prejudice and discrimination
22 Prejudice & Discrimination Prejudice = what we thinkDiscrimination = actions we take or things we say which are affected by prejudiceKey issue is ‘ I don’t care what you think while you work here, what you do is what matters
23 Sources of Prejudice Power Vulnerability Ignorance Conformity Upbringing :values, attitudes and standards learned from parents, school, friends, workplace, media, religion
24 Notion of Being English What are the traits, characteristics, commonalities etc which make up and define the English ?Answers to flipchart. Anything goes, non-judgmental brainstorm. It links to the next slide.
25 EthnocentrismEthnocentrism 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 prejudiceEthnocentric beliefs may lead to racial behaviour
26 A slide about ethnocentrism A slide about ethnocentrism. The first pictures of the earth from space were upside down. NASA decided that they ought to be the ‘right way up’.Issues about Mercator’s projection and the Peter’s projection of the world are also interesting.
27 Paradigm of Prejudice & Discrimination Prejudice is what we think or believeDiscrimination is what we do or say based on prejudicePrejudicedDiscriminatorNon-PrejudicedDiscriminatorWe operate in the bottom two boxes. As managers that’s where we are - not optional. We are leaders and role models. It is our job.Acknowledgement that no-ones perfect - we operate in all 4 boxes, but the bottom 2 are where we are expected to be, and where we expect our employees to be.PrejudicedNon-DiscriminatorNon-PrejudicedNon-Discriminator
28 Allport’s ScaleExtermination - murder, massacre, genocide, etcPhysical Attack - acts or threats of violenceDiscrimination - unequal treatment, harassmentAvoidance- excluding from social activities, ignoring etcPowerful session about fascism and the holocaust, and more current examples .This is a model that we come back to again and again as we discuss behaviour in the Council. We will (later) talk about jokes (anti locution) in the office; about avoidance (‘I told the guys that they didn’t have to work next to a gay man’), discrimination and physical attack (my reference is to an employee who carried a sharpened object because she was physically scared of her boss).Just bear this in mind as we go through the whole thing.Anti-Locution - ‘bad mouthing’, racist/sexist jokes, derogatory remarks
29 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?Bullying exercise needs empathy. We are not trying to relive hurt.Where people state they have never been bullied, ask them to consider their observations about others being bullied, answering the same questions.Acquiescence -‘fit in’Resistance ‘fight’Withdrawal -‘flight’-‘fail’
31 The Equalities Act 2010 Before – Over 40 pieces of equality law 9 pieces of primary legislationMany 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.
32 Definitions of discrimination Direct discriminationDiscrimination by AssociationPerception DiscriminationIndirect DiscriminationDirect discrimination - occurs when someone is treated less favourably than another person because of a protected characteristic they have, are thought to have (perception discrimination) or because they associate with someone who has a protected characteristic (discrimination by association).Discrimination by association - This is direct discrimination against someone because they associate with someone who possesses a protected characteristic. already applies to race, religion or belief and sexual orientation. Now extended to cover age, gender reassignment, sex and disability.Perception discrimination - This is direct discrimination against someone because others think they possess a protected characteristic. It applies even if the person doesn’t actually possess that characteristic - already applies to race, religion or belief and sexual orientation. Now extended to cover gender reassignment, sex and disability.Indirect discrimination - indirect discrimination can occur when you have a condition, rule, policy or even a practice that applies to everyone but particularly disadvantages people who share a protected characteristic. It can be justified if you can show that you acted reasonably – that it is ‘a proportionate means of achieving a legitimate aim’ being proportionate really means being fair and reasonable, including showing you’ve looked at less discriminatory alternatives to any decision you’ve made.already applies to race, religion or belief, marriage and civil partnership, age and sexual orientation. Now extended to cover gender reassignment and disability.
33 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 harassmentVictimisationHarassment applies to all protected characteristics except pregnancy and maternity, and marriage and civil partnership.Employees will now be able to complain of harassment when behaviour they find offensive is not directed at them, and the complainant need not possess the relevant characteristic.Employees are also protected from harassment because of perception or associationHarassment is:unwanted conduct related to a protected characteristic which has the purpose or effect of:violating the other person’s dignity, orcreating an intimidating, hostile, degrading, humiliating or offensive environment for him/her.Unwanted conduct of a sexual nature which has that purpose or effect; or3. Where A (or another person) engages in unwanted conduct of a sexual nature or that is related to gender reassignment or sex which has the purpose or effect described above; and the complainant rejects or submits to the conduct and because of this rejection/submission is treated less favourably than if they had not done so. eg someone who rebuffs a manager’s sexual advance is subsequently not promoted because of that rebuffal is subjected to two types of harassment – (2) and (3) .Third party harassment : - the act makes you potentially liable for harassment of your employees by people (third parties) who are not employees of your company, such as customers or clients. You will only be liable when harassment has happened on at least 2 previous occasions (doesn’t matter if its different customers), when you are aware it has happened, and when you haven’t taken reasonable steps to prevent it from happening again.Already applies to sex, now extended to cover age, disability, gender reassignment, race, religion or belief and sexual orientation.Victimisation - occurs when an employee is treated badly because they have made or supported a complaint, or raised a grievance under the Equality Act, or because they are suspected of doing so.An employee is not protected form victimisation if they have maliciously made or supported an untrue complaintYou no longer need to compare treatment of a complainant with another who has not made or supported a complaint, or raised a grievance under the Equality Act
34 The Protected Characteristics AgeDisabilityGender reassignmentMarriage and civil partnershipPregnancy and maternityRaceReligion or beliefSexSexual orientationWe’ll go through these later.
35 More features of the Equality Act Discrimination arising from disabilityDuty to make reasonable adjustmentsPregnancy and maternity discriminationPositive actionDiscrimination arising from Disability - A person is treated unfavourably because of something arising in consequence of his/her disability, and the employer/service provider cannot show that the treatment is a proportionate means of achieving a legitimate aim; this is discrimination unless the employer etc didn’t know, or could not reasonably have been expected to know, that the person had the disability. Eg a bookshop refuses admittance to anyone with a dog, including a blind person with a guide dog.Protecting people from discrimination in the recruitment process. The Bill makes it unlawful for employers to ask job applicants questions about disability or health before making a job offer, except in specified circumstances.The Equality Act limits the circumstances when you can ask health-related questions before you have offered the individual a job. Up to this point, you can only ask health-related questions to help you to:• decide whether you need to make any reasonable adjustments for the person to the selection processdecide whether an applicant can carry out a function that is essential (‘intrinsic’) to the jobmonitor diversity among people making applications for jobstake positive action to assist disabled peopleassure yourself that a candidate has the disability where the job genuinely requires the jobholder to have a disabilityOnce a person has passed the interview and you have offered them a job (whether this is an unconditional or conditional job offer) you are permitted to ask appropriate health-related questions.Duty to make reasonable adjustments arises where:1. a provision, criterion or practice or2. a physical featureputs a disabled person at a substantial disadvantage in comparison with persons who are not disabled, duty holder must take reasonable steps to avoid the disadvantage; or
36 More features of the Equality Act The public sector Equality dutiesGeneral dutySpecific duty(from previous slide)3. Where provision of an auxiliary aid would prevent a disabled person from being put at a substantial disadvantage there is a duty to take reasonable steps to provide it. Eg an organiser of a large conference could consult with hearing impaired delegates to ascertain what steps she needs to take to avoid them being put at a substantial disadvantage at the conference: eg provision of sign language interpreters, a palantypist and induction loop.Pregnancy and maternity discrimination is defined in employment as unfavourable treatment of a woman because of her pregnancy - from the time she becomes pregnant to the end of her maternity leave ;or because of an illness suffered by her as a result of her pregnancy; or in connection with maternity leave. Pregnancy and maternity discrimination in all other areas covered by the Act is defined as unfavourable treatment of a woman because of her pregnancy; unfavourable treatment because she has given birth, including because she is breastfeeding. from birth to end of 26 weeksPositive action. As with previous legislation, the act allows positive action (Not positive discrimination) if you think that employees or job applicants who share a particular protected characteristic suffer a disadvantage connected to that characteristic, or if their participation in an activity is disproportionately low.The Equality Act 2010 from April 2011 allows you, if you want to, to take a protected characteristic into consideration when deciding who to recruit or promote. However, you can only do this when you have candidates who are “as qualified as” each other for a particular vacancy. This does not mean they have to have exactly the same qualifications as each other, it means that your selection assessment on a range of criteria rates them as equally capable of doing the job.You would also need some evidence to show that people with that characteristic face particular difficulties in the workplace or are disproportionately under-represented in your workforce or in the particular job for which there is a vacancy. In these circumstances, you can choose to use the fact that a candidate has a protected characteristic as a ‘tie-breaker’ when determining which one to appoint.You must not have a policy of automatically treating job applicants who share a protected characteristic more favourably in recruitment andpromotion. This means you must always consider the abilities, merits, and qualifications of all of the candidates in each recruitment or promotion exercise. Otherwise, your actions would be unlawful and discriminatory
37 General dutyEliminate 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 notWhat is the equality duty?The public sector equality duty consists of a general equality duty, which is set out in section 149 of the Equality Act 2010 itself, and specific duties which are imposed by secondary legislation. The general equality duty came into force on 5 April 2011.In summary, those subject to the equality duty must, in the exercise of their functions, have due regard to the need to: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.These are sometimes referred to as the three aims or arms of the general equality duty. The Act helpfully explains that having due regard for advancing equality involves:Removing or minimising disadvantages suffered by people due to their protected characteristics.Taking steps to meet the needs of people from protected groups where these are different from the needs of other people.Encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.The Act states that meeting different needs involves taking steps to take account of disabled people’s disabilities. It describes fostering good relations as tackling prejudice and promoting understanding between people from different groups. It states that compliance with the duty may involve treating some people more favourably than others.The new duty covers the following eight protected characteristics: age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation. Public authorities also need to have due regard to the need to eliminate unlawful discrimination against someone because of their marriage or civil partnership status. This means that the first arm of the duty applies to this characteristic but that the other arms (advancing equality and fostering good relations) do not apply.
38 Specific duty Publish Equality information Prepare and publish equality objectivesPublish informationPublish sufficient information to demonstrate its compliance with the general equality duty across its functions. This must be done by XXXX and at least annually after that, from the first date of publication.This information must include, in particular:Information on the effect that its policies and practices have had on people who share a relevant protected characteristic, to demonstrate the extent to which it furthered the aims of the general equality duty for its employees and for others with an interest in the way it performs its functions.Public authorities with fewer than 150 employees are exempt from the requirement to publish data on their effects on their employees, but all public authorities have to publish the following information:Evidence of analysis that they have undertaken to establish whether their policies and practices have (or would) further the aims of the general equality duty.Details of the information that they considered in carrying out this analysis.Details of engagement that they undertook with people whom they consider to have an interest in furthering the aims of the general equality duty.Before publishing this information, public authorities must consider any matters specified by a Minister of the Crown. (No such matters have yet been specified, but an example might be a Minister setting out ways of reporting particular types of information, to ensure comparability across a sector.)Prepare and publish equality objectivesBy 6 April 2012, prepare and publish:Objectives that it reasonably thinks it should achieve to meet one or more aims of the general equality duty.Details of the engagement that it undertook, in developing its objectives, with people whom it considers to have an interest in furthering the aims of the general equality duty.It must also:Consider the information that it published before preparing its objectives.Ensure the objectives are specific and measurable.Set out how progress will be measured.PublicationThe information on equality objectives must be published at least every four years.The above information and equality objectives must be published in a manner that is reasonably accessible to the public. It can be published within another document.
39 In-house Equality unit Equality policies Bullying and harassment policiesEquality impact assessmentsCommunity impact assessmentsEnsure participants are aware of the wealth of in-house policies, procedures etc
40 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.OK. Enough law. Here’s a situation. Think about it honestly taking into account the work we’ve done on prejudice, discrimination and the law.What would you do. Really.
42 RaceRacism “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”
43 “IF YOU WANT A NIGGER NEIGHBOUR VOTE LABOUR” Actual poster from the 1960s, pre legislation. Similar to signs stating ‘no irish, no blacks, no dogs’ on B&Bs.Interesting to ask ‘what part of the Equalities Act’ (ie what type of discrimination’ is the above?
44 Racism – Key ElementsHaving a belief that there are different races, andThat one race is superior to another/others, and thenTreating people less favourably because of different skin colour ethnic background etc or because of their association with such people
46 RacismPassive 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’
47 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 MacPhersonS. Lawrence case. Began as a review of the Metropolitan Police, broadened out in the report to cover public sector. Led to new legislation and the equality duties (in that legislation). Link to culture.
48 Barriers to Communication Derogatory languageIntention –v- impactCross cultural differences in languageCross cultural differences in body languageSymbolic communication
50 Definition of 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 IncidentAny 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 hateHatred is a strong term that goes beyond simply causing offence or hostility. Hate crime is any criminal offence committed against a person or property that is motivated by an offender's hatred of someone because of their protected characteristic(s)Hate crime can take many forms including:physical attacks – such as physical assault, damage to property, offensive graffiti, neighbour disputes and arsonthreat of attack – including offensive letters, abusive or obscene telephone calls, groups hanging around to intimidate and unfounded, malicious complaintsverbal abuse or insults - offensive leaflets and posters, abusive gestures, dumping of rubbish outside homes or through letterboxes, and bullying at school or in the workplaceOur definition of a 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 IncidentAny 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.
51 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’Fairly quick. Potential for referring back to bullying exerciseHate crime can affect not only the victim but may impact upon entire communities. There can be multiple victims.Being the victim of a hate crime means being a victim because of who you are. You are a victim for no other reason.The ‘drip drip’ effect. Many victims of hate crime have endured years of racist abuse before they eventually report it to the police. A constant ‘drip’ of seemingly ‘petty’ abuse can in the long term be as damaging as a single violent act.Dealing with Hate crimeDon’t be afraid to ask – if you are concerned about cultural or religious sensitivities, ask the victim/witness etcBe aware of cultural differences in language and body language during the investigationAlways act in a supportive manner and make victims aware of the support availableBeware of making judgments and dismissing things
52 Organisational areas of concern Lack of trustHarassment and intimidationReporting of racist incidentsMix of nationalitiesLanguage barriersEmployee issuesThis is about the issues for us as an organisationDo BME people / groups trust the Council to be fair?Do we deal effectively with harassment and intimidation a) internally, b) externally (Refer to Dignity at work policy)are we a culturally diverse organisation or areaDo people know what to do about interpreters?Employee issues - not a diverse organisation; are there racists in the organisation. What should we do? Managers as role models.
54 Religion or beliefIn the Equality Act, religion includes any religion. It also includes a lack ofreligion. Additionally, a religionmust have a clear structure and belief system.Belief means any religious orphilosophical belief or a lack of such belief.Covered by all 7 forms of discrimination.In the Equality Act, religion includes any religion. It also includes a lack ofreligion, in other words employees or jobseekers are protected if they donot follow a certain religion or have no religion at all. Additionally, a religionmust have a clear structure and belief system. Belief means any religious orphilosophical belief or a lack of such belief. To be protected, a belief mustsatisfy various criteria, including that it is a weighty and substantial aspectof human life and behaviour. Denominations or sects within a religion can beconsidered a protected religion or religious belief.Discrimination because of religion or belief can occur even where both thediscriminator and recipient are of the same religion or belief.
56 Disability What does it mean? What’s your experience? an honesty sessionQuestion the group:‘what does disability mean to you?’ Listen and reflect.
57 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.What is normal?
58 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.It is unlawful to discriminate against workers because of a physical or mental disability or to fail to make reasonable adjustments to accommodate a worker with a disability.Employers should ensure they have policies in place which are designed to prevent discrimination in:recruitment and selectiondetermining paytraining and developmentselection for promotiondiscipline and grievancescountering bullying and harassment.The Act has made it easier for a person to show that they are disabled and protected from disability discrimination. Under the Act, a person is disabled if they have a physical or mental impairment which has a substantial and longterm adverse effect on their ability to carry out normal day-to-day activities, which would include things like using a telephone, reading a book or using public transport.As before, the Act puts a duty on you as an employer to make reasonable adjustments for your staff to help them overcome disadvantage resulting from an impairment (eg by providing assistive technologies to help visually impaired staff use computers effectively).The Act includes a new protection from discrimination arising from disability. This states that it is discrimination to treat a disabled person unfavourably because of something connected with their disability (eg a tendency to make spelling mistakes arising from dyslexia). This type of discrimination is unlawful where the employer or other person acting for the employer knows, or could reasonably be expected to know, that the person has a disability. This type of discrimination is only justifiable if an employer can show that it is a proportionate means of achieving a legitimate aim.Additionally, indirect discrimination now covers disabled people. This means that a job applicant or employee could claim that a particular rule orrequirement you have in place disadvantages people with the same disability. Unless you could justify this, it would be unlawful.The Act also includes a new provision which makes it unlawful, except in certain circumstances, for employers to ask about a candidate’s healthbefore offering them work.
59 What is a reasonable adjustment? Any step that it is reasonable to have to take in the circumstancesThe adjustment should ensure that:Employment arrangements or premises do not put a disabled person at a disadvantage in comparison to a non disabled personExercise. Ask the group to name reasonable adjustments. They’ll find it easy enough to come up with reasonable adjustments like ramps, toilets etc. Keep going until less obvious reasonable adjustments come up.
60 Reasonable adjustments include: making adjustments to premisesallocating some of the disabled person’s duties to another persontransferring the person to fill an existing vacancyaltering the person’s hours of working or trainingassigning the person to a different place of work or trainingallowing the person to be absent during working or training hoursacquiring or modifying equipmentWhat we are trying to do here is make it clear that ‘reasonable adjustments ‘ aren’t just about ramps and wider doorways.Moving away from a very stereotypical idea that people with disabilities are in wheelchairs.The list is a lot longer - see Code of practice
61 UK employment statistics % of non-disabled people in employment% of disabled people in employmentMen 86%Women 79%Men 48%Women 45%
62 Models of disability Medical - ‘Fixing the person’ who is disabled Social - ‘Fixing society’ to make it inclusive for allWe are advocating a continuing move away from medical to social; this means that we have to consider how we behave and manage.
63 Words Handicapped The disabled Cripple Disabled people or people with disabilitiesMentally handicappedRetardedPerson with learning difficultiesWheelchair boundWheelchair userSpasticPerson with cerebral palsyDeaf and dumbThe deafDeaf personHearing impairedMongolPerson with Down’s syndromeDwarfVertically challengedPerson of small statureYou can get a lot more out of the participants.
65 Covered by all 7 forms of discrimination Genuine Occupational RequirementSame as beforeGenuine occupational requirement- female attendant in women’s only sauna (for example).People try and use the GOR as a means of discriminating - case of Tailors stating they could only employ men because of the GOC of measuring the inside leg of customers! Tribunal found that as there were always men around to measure the inside leg, it was not a GOC and a woman could become part of the business.
66 Causes of Sexism Influence of socialisation Exclusionary language Physiological
67 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.ReinforcingUsually involves some form of participationEncouragingCan be merely saying nothing and appearing to accept the behaviourRobin
68 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.’consider ‘at work’.
69 What does “At Work” mean? Includes team nights out, training courses, conferences, corporate functions etcThere must be a connection with work
70 Features of Sexual Harassment Behaviour mostly directed towards woman by menBehaviour is initiated by perpetrator and is unwanted by victimThere is often a power differential between perpetrator and victimContent and behaviors include verbal and non-verbal elements (directly or indirectly affecting the victim)Behaviour causes harm to victimNot a gender issue - both men and women can be victims or offenders, regardless of their sexualityStraightforwardWatch out for inappropriate gags from men about ‘wish someone would harass me…). Straight-faced : back to bullying - ‘so you want to feel like that?’What to do if it happensDignity at work procedureHarassment Advisor/mediator SchemeGrievance ProcedureDisciplinary ProcedureEmployment TribunalCriminal ProceedingsReporting Hate Crime
71 Intention v Impact The intention of the harasser is irrelevant It is the impact on the recipient that mattersWhat is acceptable is to be determined from the complainant’s viewpointNot necessary for a victim to make a public fuss to indicate disapprovalConsequences of sexual harassmentTypes of sexual harassment (verbal, non-verbal, direct, indirect)
73 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.
74 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”.
75 Crime Survey of Gay Men57% of gay men had suffered harassment in the previous 12 months18% of gay men had been victims of violent crime in the previous twelve months -Compared to 3% of all males in the UKOnly 12% of gay men reported incidents to the police
77 Trans PeopleTransvestite - A person who feels a strong compulsion to dress in the clothes of the opposite sexTransgender - 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
78 Trans People Gender Dysphoria - Not a disease therefore, no cure Transvestites - Estimated 1 in 100 malesTransgender - Estimated 1 in 15,000People should be treated as a member of the sex they present asMost official documents can be changed, including the birth certificate
79 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 no longer requires a person to be under medical supervision to be protected – so a woman who decides to live as a man butdoes not undergo any medical procedures would be covered.It is discrimination to treat transsexual people less favourably for being absent from work because they propose to undergo, are undergoing or have undergone gender reassignment than they would be treated if they were absent because they were ill or injured.Covered by all 7 forms of discrimination
81 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.
83 The Act protects employees who are married or in a civil partnership against discrimination. Single people are not protected.Only directExample.Anne makes a formal complaint against her manager because shefeels that she has been discriminated against because of marriage.Although the complaint is resolved through the organisation’sgrievance procedures, Anne is subsequently ostracised by hercolleagues, including her manager. She could claim victimisation., indirect and victimisation
85 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.Example.Lydia is pregnant and works at a call centre. The manager knows Lydiais pregnant but still disciplines her for taking too many toilet breaks asthe manager would for any other member of staff. This is discriminationbecause of pregnancy and maternity as this characteristic doesn’trequire the normal comparison of treatment with other employees.