Diversity, Equality and Inclusion

• ARTICLE 14 of the EUROPEAN CONVENTION ON HUMAN RIGHTS states that rights and freedoms are to be secured without discrimination on any grounds, like sex, race, colour, language, religion, political or other opinion, national or social original, association with a national minority, property, birth or other status.
• The EQUALITY ACT (2010) is an act of parliament which makes it unlawful to discriminate against people because of their age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation
• Discrimination can take many forms including direct, indirect, harassment and victimisation
• Indirect Discrimination occurs where there is a provision, criterion or practice applied by an employer which puts persons of a particular group at a disadvantage compared with other groups unless it can be objectively justified
• Direct Discrimination occurs when someone treats another person less favourably than they treat others because of something about them such as their age, disability, ethnic origin etc.
• Indirect Discrimination occurs when there is a rule or policy applied equally to everyone but has a disproportionate effect on one group compared to others
• What are the exceptions to discrimination based on age (Equality Act 2010 S5)?

  §  Age-based concessions

  §  Age-related holidays

  §  Age verification

  §  Clubs and associated concessions

  §  Financial services

  §  Immigration

  §  Residential park homes

  §  Sport.
• What does S6 of the Equality Act 2010 defines disability as?

  A physical or mental impairment which has substantial and long-term, adverse effects on normal day-to-day activities.
• What does S6 of the Equality Act 2010 consider "long-term" with regards to disability?

  Has lasted at least 12 months, is likely to last 12 months or is likely to last the rest of their life.
• What three illnesses are considered disabilities under S6 of the Equality Act 2010?

  Includes cancer, HIV and MS.
• S7 of the Equality Act 2010 covers what stage of gender reassignment?

  Proposing to undergo, is undergoing, or has undergone a process, or part of a process, to re-assign their sex physiologically.
• If someone wants to change their legal gender, what do they need to apply for and why?

  Gender Recognition Certificate (GRC), which shows the person has satisfied the criteria for legal recognition in their acquired gender. They will also get a new birth certificate.
• It is a summary offence, punishable by fine, to disclose information acquired in an official capacity about someone’s application for GRC or gender history of a successful applicant. This info is “protected information”.
• What does S9 of the Equality Act 2010 include in the definition of race?

  Colour, nationality, ethnic or national origins
• According to S10 of the Equality Act 2010, religion must have what?

  Religion must have a clear structure and belief system.
• S10 of the Equality Act 2010 covers what?

  Any religious and philosophical belief, including lack of.
• True or false: transphobia is a breach is S10 of the Equality Act?

  False. The belief itself is not. Acting on it may be
• What does S10 of the Equality Act 2010 consider philosophical belief?

  A belief about a substantial element of human life and behaviour, which does not conflict with the fundamental rights of others - and not an opinion based on available information.
• According to S10 of the Equality Act 2010, what are some examples of philosophical beliefs?

  Belief in climate change affecting how a person lives their life, and ethical veganism.
• What doesn't S10 of the Equality Act 2010 protect?

  Anything akin to Nazism or totalitarianism.
• Direct discrimination is discrimination because of a protected characteristic.
• Associative discrimination is direct discrimination against someone because they are associated with another person with a protected characteristic.
• Indirect discrimination is a rule or policy that applies to everyone but disadvantages a person with a protected characteristic.
• Harassment is behaviour deemed offensive by the recipient.
• Victimisation is discrimination against someone because they made or supported a complaint under Equality Act legislation.
• Discrimination by perception is direct discrimination against someone because others think they have a protected characteristic.
• What are the six types of discrimination?

  Direct, associative, indirect, harassment, victimisation, discrimination by perception
• If B is not disabled, A cannot discriminate against them only because they do or would treat disabled persons more favourably than A treats B
• Where B is a man, he cannot be treated less favourably than a woman in connection with pregnancy or childbirth.
• If A harasses B with homophobic slurs, knowing B is not gay, are they discriminating against B?

  Yes
• The Equality Act 2010 S15 covers discrimination arising from disability - meaning consequences of a disability, not based on the disability itself. It must be shown that A knew, or could have reasonably been expected to know, about B's disability
• An employee may request reasonable adjustments to enable them to perform their role effectively. If these requests are refused, this constitutes unlawful discrimination
• A person who has a physical impairment which substantially affects their ability to carry out normal day-to-day activities will be regarded as having a disability under the Equality Act 2010
• A person who has a protected characteristic can still commit an act of direct discrimination if it is done towards someone else with the same characteristic
• Discrimination by association occurs when a person is treated unfavourably due to their association with another individual who possesses a protected characteristic
• Indirect Discrimination occurs where there is a provision, criterion or practice (PCP) which applies equally to all employees but disadvantages those with a particular protected characteristic
• Disability can also include mental health conditions such as depression, anxiety disorders, bipolar disorder, schizophrenia, personality disorders and eating disorders
• Reasonable adjustments might include providing equipment, modifying work patterns, changing working hours, offering training, reallocating duties, allowing time off for medical appointments, making changes to premises, and providing additional support
• Under the Equality Act 2010, an employer must make reasonable adjustments to accommodate employees with disabilities so that they are not placed at a substantial disadvantage compared to non-disabled colleagues
• Direct Discrimination occurs when A treats B unfavourably because of a protected characteristic (e.g. race) compared to how they would treat another person without that characteristic