Equality,_Diversity_and_Inlcusion

THE IMPACT OF LEGISLATION AND POLICY INITIATIVES ON THE PROMOTION OF EQUALITY, DIVERSITY AND INCLUSION. Equality is a state of being equal in terms of value, quantity or quality. It is about uniformity. It is also about ensuring that people are treated fairly and given fair chances. Equality is not about treating everyone in exactly the same way, it is about recognising and valuing individual needs and seeking to meet them in different ways. Diversity means differences, varieties, unlikeness. It is understanding and coping with peoples’ differences so that they can be effective using them to one’s advantage. Inclusion is seen as a universal human right. The aim of inclusion is to embrace all people irrespective of race, gender, disability, medical or other need. It is about giving equal access and opportunities and getting rid of discrimination and intolerance (removal of barriers). It affects all aspects of public life. Listed below are different diversity strands. 1. Age 2. Disability 3. Gender 4. Sexual Orientation 5. Race and Ethnicity 6. Religion and Belief However the impact of legislation and policy initiatives on the promotion of equality, diversity and inclusion cannot be over emphasized. Equality and diversity is supported by legislation and policy. EQUALITY AND DIVERSITY LEGISLATION This explains the legislation for each of the diversity strands. 1. Equality and diversity – age The Employment Equality (Age) Regulations 2006 make it illegal for employers to discriminate against employees, trainees or job seekers because of their age and ensure that all workers, regardless of age, have the same rights in terms of training and promotion. The laws cover everyone either in, or seeking, employment or vocational training - to protect employees of all ages. The regulation also covers direct discrimination, indirect discrimination, harassment and victimisation. 2. Equality and diversity – Disability: Equality Duty 2006 and Disability Discrimination Act (DDA) 2005. The Disability Discrimination Act (DDA) makes it unlawful to discriminate against disabled people or people who have had a disability, in a number of areas including, employment, access to goods and services, education and transport. In April 2005 the Act was amended and the definition of disability extended to include; HIV, multiple sclerosis and cancer. There was also a change in the classification for mental illness, which no longer needs to be 'clinically well recognised' to be classed as an impairment. The new legislation introduced in 2006 places: •A duty on public bodies to actively promote disability equality; and •A specific duty to publish a Disability Equality Scheme (DES). The scheme should set out how an organisation intends to meet the general duty and be reviewed every three years. 3. Equality and diversity – gender: The Equality Act 2006 (Gender Equality Duty) and Gender Recognition Act 2004. Discrimination on the basis of gender has been forbidden by the Sex Discrimination Act 1975 in relation to employment and the provision of goods, facilities and services. However, under the Gender Equality Duty, public bodies are required to actively promote gender equality through their key functions. The duty requires public authorities to have due regard to the need to: i. Eliminate unlawful discrimination with regard to obligations under the Sex Discrimination Act 1975 and the Equal Pay Act 1970, and to take steps to ensure compliance with these Acts; ii. Promote equality of opportunity between men and women, and take active steps to promote gender equality when carrying out functions and activities. 4. Equality and diversity – sexual orientation This legislation is relevant to lesbians and gay men. The Sex Discrimination Act 1975, the Equal Pay Act 1970 and Article 119 of the Treaty of Rome and European Community Legislation and Directives make direct or indirect differential treatment in employment, pay and conditions on the grounds of gender illegal. The European Union Employment Equality (Sexual Orientation) Regulations 1 December 2003 makes it unlawful to discriminate against workers because of their sexual orientation. These regulations apply to all employment and vocational training and include recruitment, terms and conditions, promotions, transfers, dismissals and training. They make it unlawful on the grounds of sexual orientation to: i. Directly discriminate against anyone - to treat them less favourably than others due to their actual or perceived sexual orientation; ii. Indirectly discriminate against anyone - to apply a criterion, provision or practice which disadvantages people of a particular sexual orientation unless it can be objectively justified; iii. Subject someone to harassment. This is unwanted conduct which violates a person's dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for them having regard to all the circumstances including the perception of the victim; iv. Victimises someone because they have made or intend to make a complaint or allegation or have given or intend to give evidence in relation to a complaint of discrimination on the grounds of sexual orientation; v. Discrimination against someone, in certain circumstances, after the working relationship has ended. Within the regulations, sexual orientation is defined as: i. Orientation towards persons of the same sex (lesbians and gay men) ii. Orientation towards persons of the opposite sex (heterosexual) iii. Orientation towards persons of the same sex and the opposite sex (bisexual) The Civil Partnership Act 2004 gives rights and imposes duties on people in same sex relationships who register their relationships as a civil partnership:- i. A duty to provide reasonable maintenance for your civil partner ii. A duty to provide reasonable maintenance for children of the family iii. Civil partners to be assessed in the same way as spouses for child support iv. Equitable treatment for the purposes of life assurance v. Employment as well as pension benefits Recognition under intestacy rules vi. Access to fatal accidents compensation vii. Protection from domestic violence viii. Recognition for immigration and nationality purposes 5. Equality and diversity - race and ethnicity. Race Relations (Amendment) Act 2000 Under the general duty of this Act, employers are required to promote race equality with due regard to the need of: i. Eliminate unlawful discrimination; ii. Promote equality of opportunity; and iii. Promote good relations between people of different racial groups. Other specific duties include: i. Assessing and consulting on the likely impact of proposed policies relating to the promotion of race equality; Monitoring policies for any adverse impact relating to the promotion of race equality; ii. Publishing the results of any assessments, consultations and monitoring; iii. Ensuring public access to information and services provided; iv. Training staff on the Race Equality Duty. 6. Equality and diversity – religion and belief The Employment Equality (Religion and Belief) Directive 2003 establishes: i. Protection for employees and job applicants from any act of discrimination or harassment on grounds of religion or belief ii. Includes identical provisions to the Racial Equality Directive 2000/43/EC on definitions of discrimination, rights of legal redress and the sharing of the burden of proof iv. Allows for limited exceptions to the principle of equal treatment, for example, preserving the ethos of religious organisations. Enforcement powers There are various enforcement powers available to back-up the equality and diversity legislation. This is not intended to set out in full all the detailed legal considerations, but simply to explain the general nature of the available enforcement powers. In all cases, the Authority will seek to use the most effective power available to remedy a breach of the legislations and policies. 1. Investigations. The Commission may investigate whether or not a person— (a) has committed an unlawful act. (b) has complied with a requirement imposed by an unlawful act notice. (c) has complied with an undertaking. 2. Unlawful act notice. The Commission may give a person a notice under this section (an “unlawful act notice”) if— (a) he is or has been the subject of an investigation under section (1)(a), and. (b) the Commission is satisfied that he has committed an unlawful act.. (2)A notice must specify—. (a) the unlawful act. (b) the provision of the equality enactments by virtue of which the act is unlawful. A notice may require the person to whom the notice is given to prepare an action plan for the purpose of avoiding repetition or continuation of the unlawful act or recommend action to be taken by the person for that purpose.. 3. Action plans. This applies where a person has been given a notice which requires him to prepare an action plan. The notice must specify a time by which the person must give the Commission a first draft plan. After receiving a first draft plan from a person the Commission shall— (a) approve it, or (b) give the person a notice which— (i) states that the draft is not adequate. (ii) requires the person to give the Commission a revised draft by a specified time, and. (iii)may make recommendations about the content of the revised draft. An action plan comes into force if the period of six weeks beginning with the date on which a first draft or revised draft is given to the Commission expire. 4. Agreements. The Commission may enter into an agreement with a person under which—. (a) the person undertakes— (i) not to commit an unlawful act of a specified kind, and. (ii) to take, or refrain from taking, other specified action (which may include the preparation of a plan for the purpose of avoiding an unlawful act). 5. Applications to court. If the Commission thinks that a person is likely to commit an unlawful act, it may apply—. (a) to a county court for an injunction restraining the person from committing the act, or. (b) for an interdict prohibiting the person from committing the act.. This usually applies if the Commission thinks that a party to a previous agreement has failed to comply, or is likely not to comply, with an undertaking under the agreement. (3)The Commission may apply to a county court for an order requiring the person—. (a) to comply with his undertaking, and. (b) to take such other action as the court may specify. 6. Legal assistance. The Commission may assist an individual who is or may become party to legal proceedings if—. (a)the proceedings relate or may relate (wholly or partly) to a provision of the equality enactments, and. (b)the individual alleges that he has been the victim of behaviour contrary to a provision of the equality enactments. References http://www2.lse.ac.uk/intranet/LSEServices/services/headsOfDepartmentHandbook/legal/equalityAndDiversity.aspx http://www.legislation.gov.uk/ukpga/2006/3/part/1/crossheading/enforcement-powers http://www.rochdale.gov.uk/council_and_democracy/policies_and_plans/equality_and_diversity_policy.aspx