Diversity and Equality

Question 1

Prejudice

Answer 1

• An adverse judgement or opinion formed beforehand or without knowledge or examination of the facts
• The acts or state of holding unreasonable preconceived judgments or convictions
• Irrational ssuspicion or hatred of a particular group, race or religion
• Detriment or injury caused to a person by the preconceived, unfavourable conviction of another or other

Question 2

Discriminate

Answer 2

• To make a clear distinction; distinguish; discriminate among the options available
• To make a sensible judge wisely
• To make distinction on the basis of class or category without regard to individual merit; show preference or prejudice; was accused of discriminating against women; discriminated in favor of his cronies

Question 3

Common areas of discrimination

Answer 3

• Recruitment
• Promotion
• Development opportunities
• Service provision

Question 4

Equal opportunities

Answer 4

• Tends to be based on legal requirements
• Beliefs that groups should receive equal treatment
  
  • Women
  • Ethnic minorities
• Assumes needs

Question 5

Cultral diversity

Answer 5

• Based on belief that people should be valued as individuals
• For business as well as social and moral reasons
• Decisions are objective and based on merit and individual needs

Question 6

Diversity and equality

Answer 6

• Prior to October 2010 there was a range of legislation protecting people from discrimination on grounds of
  
  • Age
  • Disability
  • Marital status
  • Pregnancy
  • Race
  • Religion or belief
  • Sex or Sex orientation
  • Transsexuality

Question 7

Equality act 2010

Answer 7

• Most parts (around 90%) became law in October 2010
• The act consolidates a range of act nd regulation which form the basis of the anti-discrimination law in GB These include
  
  • Equal pay act 1970
  • Sex discrimination 1975
  • Race relatoins 1976
  • Disability discrimination 1995
    *

Question 8

Protected characteristics under the Act

Answer 8

• Age
• Disability
• Gender reassignment
• Marriage and Civil partnership
• Pregnancy and Maternity
• Race
• Religion or Belief
• Sex
• Sexual Orientation

Question 9

Prohibited conduct

Answer 9

• Direct discrimination
  
  • A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat other
• Indirect discrimination
  
  • 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 10

Harassment

Answer 10

• A person (A) harasses another (B) if
  
  • A engages in unwanted conduct related to a relevant protected characteristic and
  • B the conduct has the purpose or effect of
    
    • i) violating B’s dignity
    • ii) Creating an intimidating, hostile, degrading or humiliating or offensive environment for B

Question 11

Victimisation

Answer 11

• 1) A person A victimises another person B if A subjects B to a detriment because
  
  • i) B does a protected act or
  • ii) A believes that B has done, or may do, a protected act
• 2) Each of the following is a protected act
  
  • i) Bringing proceedings under this act
  • ii) Giving evidence or information in connection with proceedings under this act
  • iii) Doing any other thing for the purpose of or in connection with this act
  • iv) Making an allegation that A or another person has contravened this act

Question 12

Age

Answer 12

• Employment Equality (Age) regulations 2006
  
  • In force October 1^st 2006
  • Illegal to discriminate against staff, trainees or job applicants on the basis of age
  • Did NOT include Northern Ireland

Question 13

Age- recruitment

Answer 13

• Prohibit job adverts from stipulating (or implying) an ideal age (unless an objective reason)
• Employers may demand a level of experience (but justify)
• Can’t use experience as code to define the kind of person sought
• Don’t use age loaded phrases like “young, dynamic” or Experienced and mature”

Question 14

Age- rewards

Answer 14

• Employers may offer benefits based on length of service (Up to 5 years)
• Any royalty 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 15

Age- redundancy

Answer 15

• Upper age limits for redundancy and unfair dismissal removed
• Some redundancy settlements offer greater regard for extended service (now legal- discriminates against young)
• Will need to be tested at law- may lead to the removal of extra payments

Question 16

Age- retirement (1)

Answer 16

• Default age was 65 for male and female, this has been abolished
• If employers didn’t inform employees of notice of retirement before 6^th of April 2011 retirement can’t 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

Question 17

Age-retirement (2)

Answer 17

• The employment equality regulations 2011, came into force 6th 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 1st 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 18

Age under the equality act 2010

Answer 18

• No change
• The act protects people of all ages. However, different treatment because of age is not unlawful derect or indirect discrimination. If you can justify it i.e. if you can demonstrate that it is a proportionate means of meeting a legitimate aim
• Age is the only protected characteristic that allows employers to justify direct discrimination
• The act allowed employers to have a default retirement age of 65 until 6th April 2011

Question 19

Disability discrimination act 1995

Answer 19

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

Question 20

Meaning of disability

Answer 20

• Mental or physical impairment
• Substainal adverse effect on normal daily life/ activity
  
  • Mobility, dexterity, co-ordination, continence, lift/carry everyday objects, hearing, eyesight, memory, ability to concentrate
• Long term
  
  • Has lasted or is likely to last 12 months
  • rest of life
  • Recurrence
• Addition exemptions
  
  • Alcohol
  • Nicotine
  • Non-therapeutic

Question 21

What is unlawful

Answer 21

• Refusing to provide or deliberately not providing any service which it provides to members of the public
• In the standard of servie or manner in which it is provided
• In the terms on which it is provided
• By failing to make reasonable adjustment

Question 22

Examples of less favourable treatment

Answer 22

• 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 disable person

Question 23

Reasonable adjustments

Answer 23

• Change practices, policies or procedures
  
  • Allow guide dogs, allocate barking bays
• Provide additional aids or assistance
  
  • Large type, audio/visual, BSL interpreter
• Provide a reasonable alternative method
  
  • Website, home delivery, help from staff
• Size, resources, practicalities, cost, disruption to business

Question 24

Disability under the equality act 2010

Answer 24

• New definition and changes
• 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 long-term adverse effect on their ability to carry out normal day to day activities
• 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 (e.g. a tendency to make spelling mistakes arising from dyslexia)

Question 25

Gender reassignment under the 2010 act

Answer 25

• New definition
• 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 does 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

Question 26

Marriage and civil partnership under the act

Answer 26

• No change
• The act protects employees who are married or in a civil partnership against discrimination. Single people are not protected

Question 27

Pregnancy and maternity under the act

Answer 27

• No change
• 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

Race discrimination

Answer 28

• Race relation act 1976
• Unlawful to discriminate on grounds of colour, race, nationality, ethinic origin
• Extends to recruitment, terms and conditions, benefits promotion etc
• Equality and Human right commision- powers to issue non-discrimination notice when though contravention of Act

Question 29

Racial discrimination

Answer 29

• The race relation act renders unlawful both direct and indirect discrimination on the grounds of colour, race, nationality or ethnic or national origins
• The indirect discrimination clauses are broadly similar to those of the sex discrimination 1975
• There can be Genuine Occupational Qualifications
• Applicants are protected from victimisation as with the sex discrimination act 1975

Question 30

Racial prejudice

Answer 30

• The law protects against racial discrimination, abuse and harassment
• The law does not protect against prejudice where racist beliefs are held that some racial groups are superior

Question 31

Race relations Act 2000

Answer 31

• Strengthens the 1976 act
• Extends protection against discrimination by public authorities
• Places new, enforceable general duties on pulic authorities
• Chief police officers liable, one-stop immigration appeals, discrimination by ministers in public appointments, education matters direct to county courts, limits the exemption of national security
• Race under the equality act 2010

Question 32

Religion or belief under 2010 act

Answer 32

• No change
• In the quality act 2010, religion includes any religion, it also includes a lack of religion
• Additionally, a religion must have a clear structure and belief systems
• Discrimination because of religion or belief can occur even where both the discriminator and recupient are of the same religion ro belief

Question 33

Sex discrimination (1)

Answer 33

• Sex discrimination acts 1975 and 86
• Unlawful to discriminate on basis of sex or marriage (applies equally to males and females)
• Equal pay act 1970- in the same like work employment a female should not be treated less favourably than a male in terms of pay or other conditions

Question 34

Sex discrimination (2)

Answer 34

• Previous acts render unlawful discrimination on the grounds of sex and marriage
• Those undergoing or having undergone gender reassignment also protected from discrimination
• Does not cover sexuality, but new legislation does

Question 35

Sex discrimination (3)

Answer 35

• Employment equality (sex discrimination) regulations 2005
  
  • An express definition fo harassment on the grounds of person sex, including importantly, sexual harassment, pregnancy and maternity leave
  • The regulations also update the definition of indirect discrimination, expressly allow ex-employees to bring claims for sex discrimination and set an 8-week time limit for responses to sex discrimination questionnaires
• Sex under the equality act 2010
  
  • Both men and women are protected under the act

Question 36

Rehabilitation of offenders 1074

Answer 36

• Allows a job application not to disclose information concerning criminal conviction as long as that conviction has been spent
• 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
• The expection th this is if the offender was under seventeen when the conviction occurred. The rehabilitation period is then halved
• 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

Question 37

Dealing with complaints

Answer 37

• Listen carefully
• Take it seriously
• Don’t be blinkered or prejudge
• Ask open questions
• minimise stress
• Take appropriate action- formal (invoke grievance procedure)
• Ask advice