3rd July 2013

The Equality Act 2010: Making it work for

race equality

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)

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’

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

Marriage

and Civil

Partnershi

p

Marriage

and Civil

Partnershi

p

Pregnancy and

Maternity

Pregnancy and

Maternity

Nine ‘Protected Characteristics’

Disabilit

y

Gender

Reassignme

nt

Sexual Orientation

Sex

Religion or Belief

Age Race

Discrimination defined/clarified

• Direct discrimination - includes ‘perception’ and ‘association’

• Indirect discrimination

• Harassment

• Victimisation

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.

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

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.

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.

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.

“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.

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)

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)

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)

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

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

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.

Websites and linksEquality & Human Rights Commission

www.equalityhumanrights.comGovernment 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