Equality Act 2010

The Equality Act 2010 replaces the previous set of many different anti-discrimination laws, with a single piece of legislation. It covers Scotland, England and Wales.

Pregnancy and maternity Age Disability Gender reassignment  Pregnancy and maternity Marital Status Sex Sexual orientation Race Religion or belief Protected Characteristics

Direct Discrimination Discriminating against someone who has 1 or more of the protected characteristics, Indirect Discrimination Indirect discrimination is where a rule is applied to everyone, the rule affects members of the protected characteristic adversely. For example, if a service provider has a rule that you have to reveal all the previous names you have used, that might be indirect discrimination against transsexual people. Associated Discrimination e.g. if someone associates with someone who has one or more of the protected characteristics e.g. a family member who is disabled or is a lesbian.

THE PUBLIC DUTY The Equality Act 2010 introduces a single equality duty on public bodies which will be extended to include all protected characteristics - race, disability, sex, age, religion or belief, sexual orientation, pregnancy and maternity and gender reassignment. This combined equality duty will come into effect in April 2011 and will have three main elements . In carrying out their functions, public bodies will be required to have due regard to the need to: 1) Eliminate conduct that is prohibited by the Act, that is discrimination, harassment and victimisation 2)Advance equality of opportunity between people who share a protected characteristic and people who do not share it, 3)Foster good relations across all characteristics - between people who share a protected characteristic and people who do not share it.

Eliminating discrimination,harassment and victimisation Clear effective policy and practice on behaviour and language Train all staff, front line and backroom on equalities and diversity issues regularly. Ensure such training includes case studies that are real to them. Use surveys and questionnaires regularly to gauge what is happening in the organisation Analyse complaints received and actions taken and use outcomes to change and develop practice Make reasonable adjustments

Advancing Equal Opportunity 1 Equal opportunity is a needs based approach: it cannot work on a one size fits all basis 2. Use surveys, social networks, outside groups to inform you of needs and gaps 3. Monitoring Service users and service givers Explain why you are doing it how you keep things confidential Put on the top of the form what you have learnt since the last time you monitored and what you have done to make a positive difference 4. Embed learning in all areas of both service delivery and employment

Fostering good relations Requires tackling prejudice and promoting understanding Inform people about the issues - history of oppressions problems of accessibility past lack of inclusion Education – curriculum and images and language Ensure that the diversity of the population of the country not just your patch is represented in all the material you use Use diversity months Ensure your material, publicity, forms are inclusive in image and language and intent.

In order to fulfil the three aims of the public duty, schools and local authorities have two sets of specific duties: 1 To publish information which demonstrates their compliance with the duty to have due regard for the three aims of the public duty 2 to prepare and publish specific and measurable objectives which they will pursue over the coming years to achieve the three aims.

6th April 2012 Schools in England with more than 150 employees will need to publish information and objectives on the public duties In Wales they will need to produce Equality Impact Assessments

For transsexual people, there are some significant changes today, including: Banning discrimination or harassment on grounds of gender reassignment, like the previous law did, but the definition of gender reassignment is widened slightly so that it protects people who intend to transition, or have transitioned, even if they have not had any medical supervision (previously, medical supervision was required for the law to protect you).

Also the Equality Act 2010 now bans: Associated Trans Discrimination Indirect Trans Discrimination Discrimination in schools on grounds of gender reassignment

Public sector equality duties coming in April 2011 Public sector equality duties coming in April 2011. These will apply to most public services, including the Scottish Government, local councils, the NHS, police, fire and rescue services, the procurator fiscal service, etc. These duties will require public services to actively promote respect for, and fair treatment of the protected characteristics. e.g. using projects such as LGBT History Month, Schools OUT, or A Day In Hand to tackle homophobia through education and to celebrate LGBT lives. www.lgbthistorymonth.org.uk www.adayinhand.com www.schools-out.org.uk

Additions to the Equality Act in 2011 Civil partnerships can be held on religious premises.

Equality and Human Rights Commission (EHRC): www. equalityhumanrights Equality and Human Rights Commission (EHRC): www.equalityhumanrights.com You can also find more details of what the Equality Act 2010 means, at the same web address. http://www.equalities.gov.uk/equality_act_2010.aspx This is the URL for the actual Act itself.

If you are discriminated against or harassed in any way at work, or by a provider of goods or services (including public services), you should consider complaining and asking for the behaviour to stop, and seek further advice, for example from the Equality and Human Rights Commission (EHRC).