Diversity

Question 1

Define prejudice.

Answer 1

An adverse judgment or opinion formed beforehand or without knowledge or examination of the facts.
The act or state of holding unreasonable preconceived judgments or convictions.
Irrational suspicion or hatred of a particular group, race, or religion.
Detriment or injury caused to a person by the preconceived, unfavourable conviction of another or others.

Question 2

Define discrimination.

Answer 2

To make a clear distinction; distinguish: discriminate among the options available.
To make sensible decisions; judge wisely.
To make distinctions on the basis of class or category without regard to individual merit; show preference or prejudice: was accused of discriminating against women; discriminated in favour of his cronies.
To perceive the distinguishing features of; recognize as distinct: discriminate right from wrong.
To distinguish by noting differences; differentiate: unable to discriminate colours.
To make or constitute a distinction in or between: methods that discriminate science from pseudoscience.

Question 3

In what areas can discrimination be common?

Answer 3

Recruitment, promotion, development opportunities, service provision.

Question 4

Explain the idea of equal opportunities.

Answer 4

Tends to be based on legal requirements. Beliefs that groups should receive equal treatment. Assumes needs.

Question 5

Prior to 2010, there was a range of legislation which protected people from discrimination on the basis of what?

Answer 5

Age.
Disability (or because of something connected with their disability).
Marital status (being married or in a civil partnership).
Pregnancy (having just had a baby or being pregnant).
Race.
Religion or belief.
Sex.
Sexual orientation (whether being lesbian, gay, bisexual or heterosexual).
Transsexuality (being a transsexual person).

Question 6

What are protected characteristics under the Equality Act 2010?

Answer 6

Age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation.

Question 7

Define direct discrimination.

Answer 7

A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.

Question 8

Define indirect discrimination.

Answer 8

A person (A) discriminates against another (B) if A applies to B a provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic of B’s.

Question 9

Define harassment.

Answer 9

(a) A engages in unwanted conduct related to a relevant protected characteristic, and
(b) the conduct has the purpose or effect of:
- violating B’s dignity, or
- creating an intimidating, hostile, degrading,
humiliating or offensive environment for B.

Question 10

Define victimisation.

Answer 10

A person (A) victimises another person (B) if A subjects B to a detriment because:
- B does a protected act, or
- A believes that B has done, or may do, a protected 
  act.

Question 11

What does the Employment Equality (Age) Regulations 2006 say about age when it comes to recruitment?

Answer 11

Prohibit job adverts from stipulating (or implying) an ideal age (unless an objective reason).

Employers may demand a level of experience (but justify).

Cannot use experience as a code to define the kind of person sought.

Do not use age loaded phrases like “young, dynamic” or “experienced and mature”.

Question 12

What does the Employment Equality (Age) Regulations 2006 say about age when it comes to rewards?

Answer 12

Employers may offer benefits based on length of service (up to 5 years).

Any loyalty payment based on >5 years must be justified by evidence that the reward improves loyalty, motivation or productivity.

Remove age limits for Statutory Sick Pay, Statutory Maternity Pay, Statutory Adoption Pay and Statutory Paternity Pay.

Question 13

What does the Employment Equality (Age) Regulations 2006 say about age when it comes to redundancy?

Answer 13

Upper age limits for redundancy and unfair dismissal removed.

Some redundancy settlements offer a greater reward for extended service (? now legal – discriminates against young).

Will need to be tested at law – may lead to the removal of extra payments.

Question 14

What does the Employment Equality (Age) Regulations 2006 say about age when it comes to retirement?

Answer 14

Default age was 65 for ♂ + ♀. This has been abolished.

If employers didn’t inform employees of notice of retirement before 6th April 2011, retirement cannot be imposed using the default retirement age,

Therefore, employers may not ask for retirement before 65 unless there are exceptional reasons.

ALL employees (even those >65) must be notified at least 6/12 before asked to retire.

They may request to continue working and receive reason if denied.

Employees >65 retain employment rights of younger colleagues.

The Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011, came into force on 6 April 2011.

Introduced transition arrangements for the removal of the Default Retirement Age (DRA).

The Regulations also repealed sections of equalities legislation and the Employment Rights Act 1996 relating to retirement.

This means that from 1 October 2011, compulsory retirements will be age discrimination and unfair dismissal unless the employer can justify the dismissal as a proportionate means of achieving a legitimate aim.

Question 15

Which is the only protected characteristic by which employers can justify direct discrimination?

Answer 15

Age.

Question 16

What does the Disability Discrimination Act 1995 say about recruitment?

Answer 16

When recruiting you are required:
- Not to discriminate on the basis of disability.
- To ask if any adjustment may be required at the
interview.
-To make any reasonable adjustment to both the
interview, the job content and the working
environment.

Question 17

How is disability defined in the 1995 act?

Answer 17

Mental or physical impairment.

Substantial adverse effect on a normal day to day activity.
- Mobility, dexterity, co-ordination, continence, lift/carry
everyday objects, speech, hearing, eyesight, memory,
ability to concentrate, learn or understand, perception
of risk of danger.

Long term.

• Has lasted or is likely to last 12 months.
• Rest of life.
• Recurrence.

Question 18

What is exempt from the definition of disability under the act?

Answer 18

Addiction (alcohol, nicotine, non-therapeutic drugs).

Question 19

What is unlawful treatment for a disabled person?

Answer 19

Refusing to provide or deliberately not providing any service which it provides to members of the public.

In the standard of service or manner in which it is provided.

In the terms on which it is provided.

By failing to make a reasonable adjustment.

Question 20

Give some examples of less favourable treatment of a disabled person.

Answer 20

Refusal or non-provision of service.
- Bar staff deliberately avoiding serving a disabled
customer, trying to leave it to another member of staff.

Standard or manner of service.
- A restaurant trying to seat a disabled person in a
corner.

Terms of Service.
- Refusing to make an appointment for a disabled
person.

Question 21

What are reasonable adjustments which can be made for a disabled person?

Answer 21

Change practices, policies or procedures.
- Allow guide dogs, allocate parking bays.

Provide additional aids or assistance.
- Large type, audio/visual, BSL interpreter.

Provide a reasonable alternative method.
- Website, home delivery, help from staff.

Question 22

What factors should be taken into account when making reasonable adjustments for a disabled person?

Answer 22

Size, resources, practicalities, cost, disruption to business.

Question 23

How is disability defined under the Equality Act 2010?

Answer 23

Under the Act, a person is disabled if they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

Question 24

Explain the new protections from disability in the Equality Act 2010.

Answer 24

The Act includes 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 (e.g. a tendency to make spelling mistakes arising from dyslexia).

Question 25

How is gender reassignment defined under the Equality Act 2010?

Answer 25

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 but does not undergo any medical procedures would be covered.

Question 26

What does the Equality Act 2010 say about discrimination against a transexual person?

Answer 26

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.

Question 27

What does the Equality Act 2010 say about pregnancy and maternity?

Answer 27

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.

Question 28

What does the Equality Act 2010 say about race discrimination?

Answer 28

Unlawful to discriminate on grounds of colour, race, nationality, ethnic origin.
Extends to recruitment, terms and conditions, benefits, promotion etc.

Question 29

What does the race relations act 1976 say?

Answer 29

The Race Relations Act renders unlawful both direct and indirect discrimination on the grounds of colour, race, nationality or ethnic or national origins. (Religion also now covered under the Human Rights Act.)

Question 30

What did the Race Relations (Amendment) Act 2000 do?

Answer 30

Extends protection against discrimination by public authorities.
Places new, enforceable general duties on public authorities.
Chief police officers liable, one-stop immigration appeals, discrimination by ministers in public appointments, education matters direct to county courts (not Sec State), limits the exemption of “national security”.

Question 31

What does the Equality Act 2010 say about religion and belief?

Answer 31

In the Equality Act 2010, religion includes any religion. It also includes a lack of religion.
Additionally, a religion must have a clear structure and belief system.
Discrimination because of religion or belief can occur even where both the discriminator and recipient are of the same religion or belief.

Question 32

What tips should one follow when listening to complaints?

Answer 32

Listen carefully.

Take it seriously.
Don’t be blinkered or prejudge. Ask open questions.

Minimise stress.

Take appropriate action.
- Formal (invoke grievance procedure)/informal.

Ask for advice.

Question 33

In the term ‘spent conviction’, what does spent refer to?

Answer 33

‘Spent’ is the length of time the law believes it takes for the offender to be rehabilitated. The period varies depending on the seriousness of the crime.

Question 34

How does the rehabilitation time differ for a person under the age of 17 when the conviction occurred?

Answer 34

It is halved.

Question 35

What does the Rehabilitation of Offenders Act 1974 state about job applications for offenders?

Answer 35

Allows a job applicant not to disclose information concerning criminal convictions as long as that conviction has been ‘spent’.
The Act says that you must not question rehabilitated offenders about ‘spent’ convictions. If you do, they have every right to deny the conviction ever occurred.