Equality act race equality

Making the Equality Act work for race equality

1. 3rd July 2013
The Equality Act 2010:
Making it work for
race equality

2. Stephen’s legacy
“It is incumbent on every institution to
examine their policies and the outcome
of their policies and practices to guard
against disadvantaging any section of our
communities.”
(Lord William MacPherson, Stephen Lawrence Enquiry report, 1999)

3. Background to the Equality Act 2010
•Two reviews: Progress on equalities; and
impact of discrimination laws
•Concluded that
–Gaps in protections for some groups persisted
–Need to simplify and harmonise discrimination
law, and to strengthen the law to support
progress on equality
•Equality Act consolidated action against
‘Institutionalised discrimination’

4. Key provisions include
•Identifies nine ‘Protected characteristics’
•Defines unlawful discrimination in relation to the
these
•Protects against discrimination in the workplace
and when using services
•Clarifies scope for positive action
•Creates a single Public Sector Equality Duty
•Strengthens protections for disabled people and
carers

5. S
t
e
e
p
t
h
n
’
t
s

’
l
p
g
p
a
’
c
t
e
y
s
n
e
B
k
p
r Marriage
and Civil
Partnership‘BaA’o’skp
o’qp
NoeaB’hek
Pregnancy
and
Maternity
Nine ‘Protected Characteristics’
Disability
Gender
Reassignment
Sexual
Orientation
Sex
Religion
or Belief
Age
Race

6. Discrimination defined/clarified
•Direct discrimination - includes ‘perception’
and ‘association’
•Indirect discrimination
•Harassment
•Victimisation

7. Direct Discrimination
Direct Discrimination occurs when
someone is treated less favourably than
another person because of a protected
characteristic they have, or are thought
to have, or because they associate with
someone who has a protected
characteristic.

8. Indirect Discrimination
Indirect discrimination occurs when an
organisation has criteria, policies, procedures or
practices which, although they apply to all
employees or service users, have the effect of
disproportionately disadvantaging people who
share a particular characteristic.
E.g. Scheduling important team meetings for
Fridays, requiring people to work on Sundays

9. Harassment
“Unwanted conduct related to a relevant
protected characteristic, which has the
purpose or effect of violating an individual’s
dignity or creating an intimidating, hostile,
degrading, humiliating or offensive
environment for that individual”.
E.g. Repeated offensive comments,
‘nicknames’ and ‘banter’ in the school or
workplace.

10. Victimisation
Victimisation occurs when a person is
treated badly because they have made,
supported or are suspected to have made
or supported a complaint or grievance
under The Equality Act.

11. The Public Sector Equality Duty (aka
General Duty)
A public authority must, in the exercise of its functions,
have due regard to the need to—
a.eliminate discrimination, harassment, victimisation
and any other conduct that is prohibited by or under the
Act;
b.advance equality of opportunity between persons who
share a relevant protected characteristic and persons
who do not share it;
c.foster good relations between persons who share a
relevant protected characteristic and persons who do not
share it.

12. “Due regard” to advance equality
means public bodies should ...
1.remove or minimise disadvantages suffered by
persons ... that are connected to a protected
characteristic;
2.take steps to meet the needs of those who share a
relevant protected characteristic that are different
from the needs of persons who do not share it;
3.encourage people who share a relevant protected
characteristic to participate in public life or in any
other activity in which participation by such persons
is disproportionately low.

13. Due regard - the ‘Brown principles’
1.Decision-makers must be made aware of their
equality duties
2.Equality must be considered at the time that
decisions are made
3.Analysis (of the impact on equality) must be
rigorous
4.The duty to have due regard cannot be delegated.
5.The duty is a continuing one: it must continually be
revisited and borne in mind.
6.Record keeping (important - to show compliance)

14. Back to the drawing board, Ealing
“Following a victory for Southall Black Sisters, Ealing
council now has to rethink its policy on domestic
violence services...” (July 2008)

15. Responsibilities of councillors
“Councillors are expected to understand the
impact of cutting budgets and to mitigate
potential negative outcomes, especially the
cumulative impact on specific groups of
people.
Getting this right will ensure fairness and
equality of opportunity for local people.”
(A guide for new councillors 2013/14: Local Government Association
http://www.local.gov.uk/c/document_library/get_file?uuid=4477f9ae-e3cb-4f29-b135-2c8df58f83f5&groupId=10171
)

16. Practical implications for service
providers and employers
•Know who their staff and communities
are (equality data gathering)
•Understand equality issues/barriers to
equality affecting specific groups (proper
consultation!)
•Give the potential impact serious
consideration - and look at ways to
mitigate – before decisions are made

17. Ways to challenge
•Contact Equality Advisory and Support Service or
local CAB
•Letter/s setting out concerns (to relevant officer
or member of council/chair of governing body
•Request for information under the Freedom of
Information Act if necessary (keep copies of
everything!)
•Lodge a formal complaint with the authority
•Report to EHRC or relevant Ombudsman

18. Other ways to challenge/
campaign
•Arrange to meet with key personnel (officers,
councillors, MPs)
•Raise issues at council and public meetings
•Use the media
•Group organising and campaigning: often
more effective when acting with others,
whatever methods are used.

19. Websites and links
Equality & Human Rights Commission
www.equalityhumanrights.com
Government Equalities Office
www.gov.uk/government/organisations/government-equalities-office
Equality and Diversity Forum www.edf.org.uk
Equonomics http://equanomics.org/
Runnymede Trust http://www.runnymedetrust.org/
Race On The Agenda http://www.rota.org.uk
Local Government Association www.local.gov.uk/
NHS Employers (Equality Delivery System) www.nhsemployers.org/
Equality Advisory & Support Service www.gov.uk/equality-advisory-support-service
Information Commissioner’s Office http://ico.org.uk/
Ombudsman www.ombudsmanassociation.org/about.php