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Equalities and cohesion duties for managers

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1 Equalities and cohesion duties for managers

2 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 Robin

3 Course Structure Organisational Culture
Introduction 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 Introduction Housekeeping Fire, toilets, coffee/tea, no lunch, timings, lunch at 1230 (negotiable length of break), mobile phones off (unless on call). Introduce self Participant introduction name, job, service, length of time in Council Safe learning environment, not judgmental Confidentiality (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 needs What’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 month another tick in the box What it’s not

6 Why bother? Our organisation Good The Law Practice Us Our Our values
communities Good practice think 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 whippersnappers Our organisation The Council’s Race Equality plan (all know about it?) demands that we a) run this training we have Equality policies The law there are dozens of laws about equality and diversity we will be covering 6 specifically Our communities we serve diverse communities of citizens, businesses, tourists and employees Our ethics what we (personally) believe Scottish exec (and Westminster) want us to be equal and diverse Our ethics

7 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

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, ?% female Senior officers : ?% of the top earners were female Elected members : ?% male, ?% female

11 Our Communities Religion 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 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)

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;

17 Organisational Culture

18 Culture Learned behaviours of a group of people
Generally considered to be their tradition Transmitted from generation to generation Some 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? Terminology Organisational culture has both positive and negative features. We need to change the negative culture More about culture

20 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. First honesty session. Ask participants to give their first (and honest) reaction to an inflammatory subject of his choice! Current favourites are : asylum seekers immigrants although 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

21 Understanding Prejudice and Discrimination

22 Prejudice & Discrimination
Prejudice = what we think Discrimination = actions we take or things we say which are affected by prejudice Key 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 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

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 believe Discrimination is what we do or say based on prejudice Prejudiced Discriminator Non-Prejudiced Discriminator We 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. Prejudiced Non-Discriminator Non-Prejudiced Non-Discriminator

28 Allport’s Scale Extermination - murder, massacre, genocide, etc Physical Attack - acts or threats of violence Discrimination - unequal treatment, harassment Avoidance- excluding from social activities, ignoring etc Powerful 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’

30 Legislation

31 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.

32 Definitions of discrimination
Direct discrimination Discrimination by Association Perception Discrimination Indirect Discrimination Direct 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 harassment Victimisation Harassment 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 association Harassment is: unwanted conduct related to a protected characteristic which has the purpose or effect of: violating the other person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for him/her. Unwanted conduct of a sexual nature which has that purpose or effect; or 3. 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 complaint You 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
Age Disability Gender reassignment Marriage and civil partnership Pregnancy and maternity Race Religion or belief Sex Sexual orientation We’ll go through these later.

35 More features of the Equality Act
Discrimination arising from disability Duty to make reasonable adjustments Pregnancy and maternity discrimination Positive action Discrimination 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 process decide whether an applicant can carry out a function that is essential (‘intrinsic’) to the job monitor diversity among people making applications for jobs take positive action to assist disabled people assure yourself that a candidate has the disability where the job genuinely requires the jobholder to have a disability Once 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 or 2. a physical feature puts 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 duties General duty Specific 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 weeks Positive 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 and promotion. 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 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 What 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 objectives Publish information Publish 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 objectives By 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. Publication The 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 policies Equality impact assessments Community impact assessments Ensure 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.

41 Race

42 Race 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”

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 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

45 Superior/inferior notions
Iceberg Model Overt Action Subtle Action Break Surface Superior/inferior notions Fixed traits / characteristics Racial prejudice

46 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’

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 MacPherson S. 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 language Intention –v- impact Cross cultural differences in language Cross cultural differences in body language Symbolic communication

49 Examples of language.

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 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 Hatred 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 arson threat of attack – including offensive letters, abusive or obscene telephone calls, groups hanging around to intimidate and unfounded, malicious complaints verbal abuse or insults - offensive leaflets and posters, abusive gestures, dumping of rubbish outside homes or through letterboxes, and bullying at school or in the workplace Our 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 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. 

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 exercise Hate 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 crime Don’t be afraid to ask – if you are concerned about cultural or religious sensitivities, ask the victim/witness etc Be aware of cultural differences in language and body language during the investigation Always act in a supportive manner and make victims aware of the support available Beware of making judgments and dismissing things

52 Organisational areas of concern
Lack of trust Harassment and intimidation Reporting of racist incidents Mix of nationalities Language barriers Employee issues This is about the issues for us as an organisation Do 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 area Do 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.

53 Religion or belief

54 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. Covered by all 7 forms of discrimination. In the Equality Act, religion includes any religion. It also includes a lack of religion, in other words employees or jobseekers are protected if they do not follow a certain religion or have no religion at all. Additionally, a religion must have a clear structure and belief system. Belief means any religious or philosophical belief or a lack of such belief. To be protected, a belief must satisfy various criteria, including that it is a weighty and substantial aspect of human life and behaviour. Denominations or sects within a religion can be considered a protected religion or religious belief. Discrimination because of religion or belief can occur even where both the discriminator and recipient are of the same religion or belief.

55 Diversity Awareness Disability

56 Disability What does it mean? What’s your experience?
an honesty session Question 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 selection determining pay training and development selection for promotion discipline and grievances countering 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 or requirement 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 health before offering them work.

59 What is a reasonable adjustment?
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 Exercise. 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 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 What 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 employment Men 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 all We 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 disabilities Mentally handicapped Retarded Person with learning difficulties Wheelchair bound Wheelchair user Spastic Person with cerebral palsy Deaf and dumb The deaf Deaf person Hearing impaired Mongol Person with Down’s syndrome Dwarf Vertically challenged Person of small stature You can get a lot more out of the participants.

64 Sex

65 Covered by all 7 forms of discrimination
Genuine Occupational Requirement Same as before Genuine 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

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. Reinforcing Usually involves some form of participation Encouraging Can be merely saying nothing and appearing to accept the behaviour Robin

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 etc There must be a connection with work

70 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 Straightforward Watch 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 happens Dignity at work procedure Harassment Advisor/mediator Scheme Grievance Procedure Disciplinary Procedure Employment Tribunal Criminal Proceedings Reporting Hate Crime

71 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 Consequences of sexual harassment Types of sexual harassment (verbal, non-verbal, direct, indirect)

72 L.G.B.T. Sexual Orientation

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 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

76 Gender Reassignment

77 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

78 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

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

80 Age

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.

82 Marriage and Civil Partnership

83 The Act protects employees who are married or in a civil partnership against discrimination. Single people are not protected. Only direct Example. Anne makes a formal complaint against her manager because she feels that she has been discriminated against because of marriage. Although the complaint is resolved through the organisation’s grievance procedures, Anne is subsequently ostracised by her colleagues, including her manager. She could claim victimisation., indirect and victimisation

84 Pregnancy and Maternity

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 Lydia is pregnant but still disciplines her for taking too many toilet breaks as the manager would for any other member of staff. This is discrimination because of pregnancy and maternity as this characteristic doesn’t require the normal comparison of treatment with other employees.


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