The Equality Act 2010: Opportunities and responsibilities

Transcription

1 The Equality Act 2010: Opportunities and responsibilities Gary Loke Equality Challenge Unit University of Exeter: October 2012

2 Our work = Established in 2001 to promote equality for staff in higher education in the UK = Remit extended in 2006 to include students = Funded by the 4 UK higher education funding Councils, Universities UK and GuildHE = 18 staff, covering 9 protected characteristics

3 45 years of legislation = From the Race Relations Act 1965 to the Equality Act 2010 = Changing understanding over time: Developing understanding of concepts: direct, indirect, victimisation, harassment Cultural and systemic barriers = Equality of what? Opportunity or outcome?

4 Exploring the fundamental concepts

5 Who is covered by the Equality Act? = Age = Disability = Race = Religion or belief = Sexual Orientation = Sex = Gender reassignment = Pregnancy and maternity = Marital or civil partnership status

6 Harmonisation and increased protection = Act covers England, Scotland and Wales = Some changes in definition of discrimination Association Perception = Extension of protection to new characteristics = New types of disability discrimination = Strengthening the powers of employment tribunals (under review) = Harmonised voluntary positive action measures = Third party harassment (under review) = Pre-employment health questionnaires

7 Prohibited conduct = Direct discrimination Treating someone less favourably than someone else because they have a particular characteristic = May occur if: an HEI only shortlists male job applicants for an interview because they assume women will not fit in

8 Prohibited conduct = Direct discrimination in admissions is always unlawful, except in limited circumstances in relation to age where it can be justified if there is a genuine reason for having concerns about the age of people on a course and imposing a particular age requirement is appropriate and necessary as a result. = Example A university refuses admission to a 16-year-old applicant for a teaching course on the grounds that he would be unable to undertake the teaching practice elements of the course. This would be a proportionate means of achieving a legitimate aim and therefore lawful age discrimination.

9 Prohibited conduct = Association = Discrimination based on association can occur if, for example: a student, whose child has attention deficit hyperactivity disorder, is refused access to a graduation ceremony because of fears about the child s behaviour

10 Prohibited conduct = Perception = Discrimination based on perception can occur if, for example: a mental health and wellbeing officer refuses to work with a student because they believe the student to be gay irrespective of whether the student is gay or not

11 Prohibited conduct = Indirect discrimination Working in a way which might seem to treat everyone the same if, in practice, what you are doing is putting people from a particular group at a disadvantage. = May occur if: an employer who requires staff to commit to working from 8pm to 11pm every evening indirectly discriminates against women, who are more likely to be primary carers of children

12 Prohibited conduct = Discrimination arising from disability = Treat a disabled person in a particular way that, because of their disability, amounts to treating them unfavourably when the treatment cannot be shown to be justified. = For example, An employer dismisses a worker because she has had three months' sick leave. The employer is aware that the worker has multiple sclerosis and most of her sick leave is disability-related. The employer's decision to dismiss is not because of the worker's disability itself but because of something arising in consequence of her disability (the disability-related sick leave).

13 Prohibited conduct = Harassment Unwanted conduct (linked to one of the protected characteristics) which has the purpose or effect of violating a person s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. = May occur if, for example a member of staff makes comments on a student s ethnicity in a way that makes the student feel uncomfortable.

14 Prohibited conduct = Victimisation Treating someone less favourably because they have complained, or brought a case, of discrimination, or supported someone else s complaint/case. = May occur if, for example: a student alleges that they have encountered racism from a tutor, and as a result they are ignored by other staff members

15 Prohibited conduct = Reasonable adjustments = The three requirements are to avoid substantial disadvantage to disabled people in relation to: physical features e.g. providing inclusive access to lecture theatres provision, criteria or practice e.g. providing alternative formats of lecture handouts auxiliary aids e.g. providing computer screen-reading software for students with a visual impairment. = There is an anticipatory duty to provide reasonable adjustments for students

16 Prohibited conduct = Positive action Allows HEIs to adopt voluntary positive action measures to: alleviate disadvantage reduce underrepresentation in particular activities meet particular needs. = Examples include training and encouragement Now measures extended to students, and recruitment and promotion

17 Scope = It is unlawful to discriminate against employees or people seeking work. This applies in respect of anything done in the course of a persons employment for example: Terms of offer Access to opportunities for promotion Transfer or training Receiving benefits (including pay) Facility or service Dismissal

18 Scope = The act prohibits the governing body of an HEI from discrimination against a person/student in relation to: admissions the provision of education conferment of qualifications access to any benefit, facility or service exclusions

19 Scope = Services = The service provider must not discriminate against a person: as to the terms in providing the service by terminating the provision of the service by subjecting the service user to any other detriment = Services provided may include careers and employment services, childcare services, health services, libraries, and conference and events services.

20 Case studies

21 Public sector equality duty... in the exercise of its functions, (an institution) should have due regard to the need to = eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Act; = advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; = foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

22 Advancing equality of opportunity This involves considering the need to: = remove or minimise disadvantages suffered by people due to their protected characteristics = meet the needs of people with protected characteristics = encourage people with protected characteristics to participate in public life or in other activities where their participation is low

23 Fostering good relations = This involves the need to: = tackle prejudice = promote understanding between people from different groups

24 Range of functions = Staff employment, recruitment and selection = Performance reviews and line management = Career development = Student admissions = Student retention, performance and success = Pastoral care = Catering, accommodation, building accessibility, campus safety = Procurement, finance, information technology

25 Specific duties for England The specific duties aim to support HEIs meet the general duty. To meet the specific duties English HEIs will need to: = publish information about employees an evidence relevant to their = Set equality objectives

26 Race Higher levels of representation nationally = BME students increased from 14.9% in 2003/04 to 18.1% in 2009/10. = Increase in the proportion of BME students across all sub-categories, with the percentage of black students increasing at the fastest rate, from 4.4% to 5.9%. However: = Lower degree attainment than white peers = Lower continuation rates than white peers Source: ECU (2011), Equality in higher education: Statistical report 2011

27 The degree attainment gap increased from 17.2% in 2003/04 to a peak of 18.8% in 2005/06 and was 18.6% in 2009/10. The attainment gap is highest between white and black students, where the difference was 29.8% in 2009/10. Source: ECU (2011), Equality in higher education: Statistical report 2011

28 Race Source: ECU (2011), Equality in higher education: Statistical report 2011

29 Disability = Less likely to obtain a first or 2.1 = Students who were in receipt of DSA were more likely to obtain a first or 2.1 = Lack of support for staff when compared to students.

30 Gender = Over the past 7 years, there has been consistently more female students than male students in higher education. = But there is considerable subject segregation. = Male students are more likely to attain a lower 2 nd or 3 rd class honours and withdraw.

31 Gender = Overall 19.1% of professors are women. This is more acute in SET subjects at 15.1%. = The mean and median salaries of female staff are less than for male staff in almost all occupation groups.

32 Sexual orientation Source: ECU (2009), The experience of lesbian, gay, bisexual and trans staff and students in higher education

33 Sexual Orientation Source: ECU (2009), The experience of lesbian, gay, bisexual and trans staff and students in higher education

34 Religion and belief = Limited data; discomfort around disclosure = Participation and access = Accommodating religious observance Age = Managing abolition of the default retirement age

35 Questions

36 Discussion: communicating the issues From Exeter s equality objectives: Develop an Equality & Diversity communications strategy which will consider new methods to improve effectiveness of communicating with both staff and students e.g. social networking sites; plasma screens; website; E&D Newsletter; E&D Coordinators; staff/student portals etc = What are your key messages? = How to involve students?

37 ECU contact details 7th Floor Queens House 55/56 Lincoln's Inn Fields London WC2A 3LJ Tel: Fax: