Equality_and_Diversity_in_the_Workplace

Equality and Diversity in the workplace. In this report, I will examine equality and diversity, including a reflection on my learning and ability to handle issues arising in my workplace. The Equality Act (2006) and Human Rights Act (1998) are about true equality and equal opportunities, making sure all people in our communities are included by giving them the power to help shape the society they live in. Equality and opportunity for all will bring about a more inclusive, humane, cohesive and fairer society. Carers have a personal, public and legal duty to ensure that they always focus on equality, human rights and good relations between people, regardless of their abilities or backgrounds. It is important to remain responsive to the changing needs of society, ensuring policies and procedures are inclusive and non-discriminatory whilst providing equal opportunities in employment and development, thus reflecting the diverse cross-section of communities we all live in and serve. Ensuring equality and human rights is essential to everything we do, encapsulating the concept of diversity and understanding the value and the varied needs that people have. By utilising a strong Equality and Diversity strategy will demonstrate commitment to safer, stronger communities and deliver a better service and eliminate discrimination. What is Discrimination' Discrimination means the unfair treatment of a person because of a personal characteristic be it their sex, age, or race. The Equal Opportunities Act 1995 introduced laws to protect people from discrimination, sexual harassment, racial and religious slander. It is against the law to discriminate against someone because of their actual or assumed: * Disability * Age * Gender identity * Race and religious belief * Sex * Sexual orientation There are other instances such as employment and industrial activities, but this report will cover the three topics in bold print indicated above. It is illegal to discriminate or sexually harass someone in many places including, accommodation, clubs, goods and services, employment, education, selling and transferring land and sport. Throughout time discrimination has become prevalent due to oppression, historically oppression is characterised by harsh laws and the enforcement of unjust practice, with severe punishment. It is commonly based on religious, ideological, or social grounds. Marin Luther King Jnr (1929-1968) stated that “A good many observers have remarked that if equality could come at once the Negro would not be ready for it. I submit that the white American is even more unprepared”. A more recent example of oppression relating to the equality law was given by leaders of the Roman Catholic bishops, over a plan by the European Commission for an Equal Treatment Directive which would, it was claimed, force Christians to act against their consciences. The directive is aimed at harmonising and enforcing a ban across the 27 members of the E.U. on discrimination, on the grounds of sexual orientation, age, religious belief, and disability, outside the realms of employment law. The bishops state that by implementing this directive, the rights and liberties of religious freedom of expression would be curtailed, and they would be powerless to stop witches from hiring church property, also from insisting that church events would be conducted in a way consistent of Christian teaching. The Church is looking for the simple right to maintain its own teaching according to its own ethos, and gave an example, that organisers of a Catholic conference would be legally obliged to make double rooms available to gay and unmarried couples as well as for heterosexuals. It was stated that at this point the EU would be dictating to religious bodies what their faith does or does not require, which was a wholly unacceptable position, thus any persons who were offended by an expression of Christianity could bring a case against the Church. Monsignor Andrew Summersgill, (2009) said “Homosexual groups campaigning for same-sex marriage may declare themselves to be offended by the presentation of the Catholic Church’s moral teaching on marriage, and an atheist may be offended by the religious pictures in an art gallery, or a Muslim may be offended by any picture representing the human form”. It appears the directive fails to explain how conflicting rights could be reconciled, leading to fears that the EU will subordinate the rights of Christians from other groups. If the directive cannot provide a balance to these conflicting rights, there is a risk that the directive could be turned into an instrument of oppression. Equality in people with disabilities. The disability equality was introduced into legislation in the Disability Discrimination Act (amended 2005). It means that public bodies must have ‘due regard’ to the need to: * Promote equality of opportunity between disabled and other people * Eliminate discrimination that is unlawful under the Act * Eliminate harassment of disabled people that is related to their disabilities * Promote positive attitudes towards disabled people * Encourage participation by disabled people in public life * Take steps to take account of disabled people’s disabilities, even when that involves treating disabled people more favourably than other people (e.g. the provision of an accessible parking bay near a building, where parking is not available for other employees.) The specific duties require all listed public bodies to publish a disability equality scheme, demonstrating how they intend to fulfil their general and specific duties. Public bodies should involve disabled people in the development of the scheme, implement the action plan set out in the scheme, and review and revise the scheme every three years. Included in the scheme should be: * Arrangements for using this information, including reviewing the effectiveness of the action plan and preparing subsequent disability equality schemes * Information about how disabled people have been involved in its development * An action plan setting out steps it will take to meet the general duty * Arrangements for gathering information on the effect of the authority’s policies and practices on disabled people. Public bodies should report annually on the steps taken in the action plan, the results of their information gathered and how this information has or will be used. These duties apply to all public authorities, some of those relevant to social care are: * Department of Health * Social Care Institute for Excellence * Commission for Social Care Inspection (Now the Care Quality Commission). * National training bodies * General Social Care Council * Local councils with Social Services Responsibilities Failure to comply with the duty to disabled people may lead, depending on the circumstances to a Court claim resulting in a compliance notice enforce by the County Court. Organisations should give due weight to the need to provide and promote disability equality in proportion to its relevance, an example of this: Where a care home is providing respite care for a disabled adult, the organisation will need to consider to what extent a waiting list for the care implicates and the needs of the disabled person, does it adequately provide for their needs' If not, the organisation will need to consider whether due regard is being paid to disability in its budget allocation. Consideration will also need to be given to whether the respite care actually meets the needs of the disabled person as opposed to being merely focused on ‘giving the disabled person’s carers a break’. With regards to disability discrimination there are still a lot of people who automatically assume that ‘different’ is ‘bad’ and are more than willing to show this in the way they treat people with disabilities. Because of this situation, they are subject to poor treatment and discrimination, now there are avenues that can be taken to confront discrimination due to disability. Confronting an individual When it is safe to do so, reporting an organisation when needed and educating others are all steps that anyone can take to help stamp out disability discrimination. Many individuals make remarks or jokes about others with disabilities, but this does not make it right. Confronting such people with an appropriate response such as “I can’t believe you just said that” can often turn the tide of conversation, particularly if more than one person is present. Demonstrating the point that a person with disabilities does object to any discriminatory remark and exercising their revulsion in such a way, will help the person make the point and help keep them out of harm. If someone in social care or anyone else for that matter experiences discrimination taking place, or even if you are the person subject to the discrimination, letting others know that you are aware of what is accruing, may often be sufficient to curb the abuse. However leaving the situation and reporting the discrimination may be the better option. Reporting Discrimination The Disability Discrimination Act (1995) amended (2005) defines both discrimination and disability behavioural practices in the U.K. and if someone is believed to be in breach of these Acts, one way of preventing an occurrence is to take them to court. Reporting discriminatory instances to local authorities is another method of bringing attention to inappropriate behaviour, also by reporting these actions to organisations who work for the rights of disabled people may help eradicate unacceptable behaviour. The Equality and Human Rights Commission, and DIAL UK are two of such organisations who operate throughout the United Kingdom. The Education of Others It is often left to those who recognise discrimination to educate others about the reasons why their practice is unacceptable, and making them aware of other people’s disabilities is the first step. By removing the ignorance, others can then realise that people with disabilities are just ordinary people with some limitations. All people who wear glasses have a disability, (impaired vision) and pointing out this fact, often help them realise how varied disabilities can present themselves. Education about the law and the consequences of discrimination, particularly if it could affect their freedom or livelihood may make a lasting impression on them. Alternatively involving the appropriate authorities should prevent the discrimination to recur. Discrimination against individuals is both inappropriate and illegal, it still does occur, by confronting individuals about their thoughts and actions and reporting discrimination whilst educating others about disabilities and the law are ways to improve peoples attitude and prevent discrimination in people with disabilities. Promoting disability awareness requires consistent creativity and effort to hold the attention of all involved. Training, literature, informal socialising and dedicated programmes are all ways to make people aware of disabilities and prevent discrimination within a given community. Communicating and understanding Disabilities We need to be aware of the correct context language should be used when considering disabilities, also to be aware of the implications of how individuals adapt to fit various environments and how society creates barriers for disabled people. Many words relating to a disabled person which are often used should never be used, such as spastic, cripple, retarded, defective, handicapped or Mongol. * Always use ‘person with a disability’ or ‘disabled person’. It can be beneficial to ask the person how he or she would prefer to be referred to. * It is important to realise that individuals who have the same condition do not necessarily display symptoms in the same way. * Avoid attaching labels to people with or without disabilities, e.g. the word ‘normal’ it has no real meaning, we are all different. * Try and avoid the term ‘care’ this has negative implications, instead terms such as ’assist’, ‘enable’, and ’facilitate’ are more fitting and send out the message that people with disabilities are independent and able to control their own needs. Hearing Impairments If you are with a person who has a hearing impairment, resist the temptation to shout, as this can distort sound through hearing aids and can inhibit the person’s ability to lip read. Always have a pen and paper ready, so if they can’t hear what you say, you can write it down. Speech impairments When with a person who has speech impairment, be patient and allow them time to finish what they say. If you do not understand what a person says, do not be afraid to ask them to repeat themselves, do not pretend to understand what they have said if you don’t. It is better to ask them to say it again than for them to be misunderstood. Visual impairments When with a person with visual impairments, make them aware of their surroundings by giving them a brief description of the room or place they are in, especially if they have not been there before. Try to make sure they have some form of physical contact nearby, and make sure if they are standing it is in a safe place. When guiding someone with a visual impairment, allow them to hold your arm, rather than grabbing theirs, as this allow them to be in control. Remember not to shout, the person has visual impairments, their hearing is probably fine. Whilst it may not be obvious why some people may request support or facilities (for example, access to an accessible toilet). Trust and respect their judgement without asking for an explanation for the reason. Accept they have a justified reason and this is attributed to their disability. This will avoid putting them in a difficult or embarrassing situation, having to explain their individual circumstances. Race and Ethnicity Thomas F (1980) said “One day our descendants will think it incredible that we paid so much to things like the amount of melanin in our skin or the shape of our eyes or our gender, instead of the unique identities of each of us as complex human beings”. Few people accurately define the difference between ethnicity and race, simply because they tend to place them in the same category, but there are differences. Ethnicity is not just a person’s race it is about tradition, learned behaviour and customs. It is about learning where a person comes from, and the traditions and ideas from that region. Race is a person’s biologically engineered features and can include skin colour, eye and hair tone and is something that cannot be changed. Race does not have customs or behaviour, a person could be born Jewish (which normally refers to a religion), but it does not mean that person has embraced the Jewish customs or religious beliefs. In these cases, the same term can be used to describe either ethnicity or race. Similarly ethnicity does not always describe colour, a person can describe themselves as African, which indicates an entire multi-regional, multi-cultural continent. The definition of African could be defined more accurately if sub-cultures were introduced i.e. Egyptian or Ethiopian. There is a wide range of skin colours and tones throughout Africa, ranging from fair to dark depending on what region of Africa a person originates from. Religion and Faith Religion and faith are often viewed as the same, but many people have no religious beliefs have faith. Religion is man-made and often based on one of like minds, and written doctrine with institutionalised ideas of conformity, beliefs and practices. Whereas faith is a spiritual concept, which can be used in describing the type of religion a person uses. Faith is the actual belief and loyalty to God, there is only one faith. The two can compliment each other, but are not the same. If a person has faith they believe that in time all will be well and religion is the institution for practicing faith. Since the early times of Paganism, religion has diversified into many religions such as Judaism, Christianity, Islam, Buddhism and Sikhism. While religion dictates peace and goodwill, over time many wars have taken place because of religion. Culture Culture is a definition which is misunderstood by many people; it refers to groups and their basic needs to communicate, both at ground level and also at a deeper level of meaning. When people exist together, they need a set of rules that help them understand what to do in certain circumstances. These rules help develop shares meaning and make sense of what is happening and what is done. Culture includes language, which is the most sophisticated way of expression, the arts and sciences, thought, spirituality, social activity and interaction all of which contributes and defines the meaning of culture. Religious Discrimination Religious discrimination is the treatment of individuals who practice other religions, and are treated in unfair ways because of their own beliefs and practices and it exists in our own society. Discrimination based on religion is illegal in the U.K. many people still harbour discriminatory thoughts, attitudes and actions. There is much that can be done to eradicate discrimination in society, by confrontation, reporting and education. All are steps anyone can take, to help confront religious discrimination. In the United Kingdom employees are protected from discrimination due to their religion or beliefs by two pieces of legislation. This does not differentiate between intentional and unintentional discrimination, it is only concerned with what happened and whether it was discriminatory. Unfortunately, religious discrimination does occur but there is much that can be done to fight this injustice. The Race Relations Act (1976) protects individuals from being discriminated against in employment on the grounds of ethnicity, colour, race, nationality and religious beliefs. The Employment Equality (Religion or Belief) Regulations (2003) forbids discrimination in employment or vocational training due to religion or belief. There is no particular list of religions or beliefs that are included in the U.K. legislation, most major world religions and minority beliefs are recognised. If there is a question about what constitutes a religion or belief, an Employment Tribunal would be able to make a decision. The British Druid Network tried for four years to be recognised as a listed organisation of religious believers, this culminated positively in October 2010 with Paganism being deemed a state recognised religion, with charitable status. One of the most striking characteristics of Druidism is the degree to which it is free from dogma and any fixed set of beliefs or practices. In this way it manages to offer a spiritual path, and a way of being in the world that avoids many of the problems of intolerance and sectarianism that established religions have. Discrimination falls into four categories, direct and indirect, harassment and victimisation. Direct discrimination- means that workers are treated less favourably because of their religious or philosophical beliefs. Indirect discrimination- covers an organisation’s policies and procedures, when although they apply to all employees, they have a distinct effect on people with a certain belief or religion, it would not be deemed unlawful if it could be justified. To authenticate this, a true legitimate aim must be a real business need for the practice. Harassment- occurs in the workplace, when it is allowed to become a hostile environment for members of a certain religion or groups of religions, whether through direct threats, methods of intimidation, unwanted advances or even verbal or physical joking. Victimisation- occurs when someone has complained about discriminatory treatment, and the response is less fair than with other employees i.e. being deprived of overtime, when it is known a person is intending or has made complaints regarding their treatment. Challenging religious discrimination in the workplace can be dealt with in several ways. Firstly individuals who feel that they have been discriminated against and that it is a breach of the law can take the case to court. A less severe option, individuals can lodge a formal complaint with the organisation or individuals concerned and involve organisations supportive of equal rights. The Equality and Human Rights Commission, is one such organisation who strive to eradicate discrimination. Individuals can also challenge discrimination in their everyday life by informing others who make inappropriate references, by informing the offender that such terms are not acceptable. It is often left up to the individuals who recognise religious discrimination, to educate others about why such practices are unacceptable and illegal. By educating others about different religions, people will realise that all religions are able and have much to offer and nothing to fear in their beliefs. Educating them about the law and the consequences of discrimination, may get them to stop. If not, reporting and getting authorities involved will hopefully cause the offending practices to stop; perhaps it might even change to offending person’s attitude towards discriminatory practices. Discrimination due to religion is both illegal and inappropriate, sadly it does occur. Confronting individuals about their thoughts and actions, educating and reporting others are all ways to confront religious discrimination when it does occur. Sexism & Gender Identity Sexism or gender inequality is the belief that one gender or sex deserves inferior treatment is still rampant in the workplace. (Sexism in the workplace) 2010 -Statistics estimate that about 72% of women workers have experienced sexist bullying in the workplace, while 85% of women workers believe there is a bias towards male workers. There are laws to protect the rights of women in employment; there is a lot that must be left to individuals and companies to ensure fair treatment of all workers. Many laws work to provide equal rights to males and females alike in the UK. The Sex Discrimination Act (1975) protects individuals in employment from being discriminated. This also applies to vocational training, education, facilities and services, sale of goods, premises and the exercise of public functions due to their sex/gender. The Equal Pay Act (1970) advocates equal pay for equal work regardless of a person’s sex/ gender. Also the Sex Discrimination Act (Gender Reassignment) Regulations (1990) also protect the rights of individuals who intend to undergo, are undergoing or have undergone gender reassignment. These regulations are directed at pay and treatment in employment, self-employment and vocational training. Sexism and Organisations Companies can be vulnerable to the problems arising from sexism, including inferior work from those disrupted by sexism (both the offenders and the victims), and can result in bad press, court cases and payment orders to the victims. Companies can try and ensure this is avoided by making staff aware of the company’s policies towards sexism and the guidelines to how the company would deal with and investigate any reports of sexism. By ensuring a member of staff is aware and up to date with policies and procedures appertaining to the law is vital, whilst ensuring all members of staff are aware of the companies stance towards sexism, and it will not be tolerated is imperative. Improving Awareness * Do not make assumptions about sexuality * Beware of stereotyping and homophobic comments made * Do not work from the assumption of heterosexuality –i.e. automatically use terms such as boyfriend or girlfriend to describe a person’s partner. * Understand the term “being in the closet”. * Raise awareness. Discrimination can sometimes be unintentional and offence can be caused by ignorance. Transpeople Separate issues arise from sexual orientation (the term which indicates sexual attraction to persons of the same, opposite or same and opposite sex) and should not be confused in any way. The following terms help to define terminology and the use of appropriate language. * Transgender – An all-encompassing term to cover cross-dressers, transvestites and transsexuals. It can refer to someone who is experiencing “gender dysphoria” between society’s construction of gender role and their sexed body. The term transgender can also refer to someone who consciously plays with gender or sex role norms. A transgender person may or may not choose to alter their body with surgery or hormone therapy. * Transexual – This is an older, more medical term for a person who feels a consistent and overwhelming desire to fulfil their life as a member of the opposite sex. * Transvestite A clinical term for a cross-dresser. A person who dresses in the clothing of the opposite gender. Generally, these persons do not wish to alter their body. On the whole, once transpeople have completed transition to their new gender, do not consider themselves as transsexual or transgendered, because their condition has been treated and they are now in the right gender and role, with a body to match. * Sexism and Individuals Unfortunately both company policies and the law need to be enforced by individuals and often people are reluctant to do so, there is much an individual can do to eradicate sexism in the workplace and increase the fair treatment of all workers. Individuals speak out, cease to make sexist jokes and references, inform others that their behaviour is unacceptable. Fighting sexism in the workplace means treating other workers with decency, respect and fairness, we can all do that. Sexism in the workplace is illegal, but is still an issue in the UK and the rest of the World. Piotr Machajski . (2010). “A well known activist of the Campaign against Homophobia (KPH) has accused the police of having beaten him”. A concerted effort from all employers and employees is needed to ensure that all individuals are treated fairly and with respect at work. Reporting Discrimination If a person experiences instances of sex discrimination, or sees a discriminating practice taking place, they should inform the offending person that they are aware and they intend to report the instance to a the local authority. This is particularly relevant if a person is receiving, or working in health or social care. Reporting sexism to organisations working for equal rights may also eradicate such behaviour. The Equality and Human rights Commission and the Women and Equality Unit are both organisations that strive for equality and fight against sexism in the United Kingdom. * Stereotypes Stereotyping can often lead to, prejudice and bigotry. The word ‘stereotype’ is a generalisation about a person or group of persons. People develop stereotypes when they are unwilling or unable to obtain all of the information to make a fair judgment about people or situations. Due to lack of a ‘total picture,’ stereotyping allows people to assume and ‘fill in the blanks.’ Society to-day can innocently create stereotypes, but this often leads to discrimination and persecution. Television, books and movies are full of stereotyped characters. An instance of this is where many films portray African-Americans as being unintelligent, lazy or violence- prone. In the same way, physically attractive women have been continued to be portrayed as un-intellectual and sexually promiscuous. Robert M. (2000) in a study of female black movie characters showed * Using vulgar and profanity: black people 89%, white people 17% * Being physically violent: black people 56%, white people 11% * Being restrained: black people 55%, white people 6% Political activist and one time presidential candidate Rev Jesse Jackson (1985) said “The news media portray black people as less intelligent than we are.” Stereotypes also evolve out of fear of people from minority groups, i.e. many people have the view that a person with a mental illness as being violent. This is a conflict with collated data; current research shows that people with mental illness are 2.5 times more likely to be the victims of violence. Perhaps a few, isolated cases of mentally ill people going on rampages have planted the seed about these people. This may be how some stereotypes developed in the first place, isolated cases which was unfairly generalised to be viewed as a characteristic of all members of that group. In this report, I have covered issues relevant to my workplace and matters arising. I have shown ways to avoid discrimination, promote equality and diversity and how to deal with matters arising. I have learnt, the next time I am tempted to stereotype a person or a group of people, I will think about the groups to which I belong and ask myself. “Do these stereotypes apply to me'” I would probably disagree all of the qualities attributed to my gender, racial group and sexual orientation that describe me and that is why it is important to judge specific individuals, rather than the groups they are part of. Bibliography Caldwell S (2009) EU Equality Law is an “instrument of oppression”. Roman Catholic Bishop warns. (Cited) Telegraph , Aug, 3 2009. Equality Act (2006) www.opsi.gov.uk/acts Employment Equality (religion or belief) Regulations (2003) Entman R M. Rojecki A. (2000) The black image in a white world. University of Chicago Press. Source http;//enwikipedia.org/wiki/stereotypes/of African Americans. 19/11/2010. Equal Opportunities Act (1995) www.opsi.gov.uk/acts Equal Pay Act (1970) www.opsi.gov.uk/acts Human Rights Act (1998) www.opsi.gov.uk/acts Jackson J. Rev (1985) “Jackson assails press on portrayal of blacks”. Piotr M. (2010) “Robert Biedron, prominent Activist from Poland beaten by Police”. Article – Gazeta Wyborcza. Source http//www.sga-europe. Org/ home/guide/ country/ Poland/ Robert Biedron 17/11/2010. King M L. Junior. (1929-1968) American Baptist Leader and Civil Rights Leader. http;//thinkexist.com/ search/quotation. Sourced 09/11/2010. Race Relations Act (1976) www.opsi.gov.uk/acts Sex Discrimination Act (1975) www.opsi.gov.uk/acts Sex Discrimination Act (Gender Reassignment) Regulations (1999) Sexism in the Workplace. Article- http;//www.aboutequalopportunities.co.uk/sexism-in-the-workplace.html sourced 12/11/2010. Thomas F. (1980) President of the Ford Foundation (philanthropist). Cited periodical Black Enterprise (Sept 1980). WORDS 4786.