Equality and Diversity What are they?What is the difference?What does the law say?
Equality Definitions (Dictionary) • The state or quality of being equal • The quality of being alike • The quality of being interchangeable • Equal in value • Social and political equality – levelling of society • Equal treatment for different groups
Equality Quotations • “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness.” Thomas Jefferson. • “Liberté Egalité Fraternité. “ French Revolution & National Motto of France • I have a dream that my four little children will one day live in a nation where they will not be judged by the colour of their skin, but by the content of their character.” Martin Luther King Jr. • “Alle Menschen werden Brüder wo dein sanfte Flügel weilt” “All people shall be brothers where your gentle wings tarry.” Friedrich Schiller –Ode to Joy. Set to music by Ludwig van Beethoven (Symphony no 9) – EU Anthem – sung at fall of Berlin Wall.
Equality Quotations (continued) • “The defect of equality is that we only desire it with our superiors.” Henry Becque • “All animals are equal, but some animals are more equal than others.” George Orwell • “Even the president of the United States must sometimes have to stand naked.” Bob Dylan • “Called to the throne by the voice of the people, my maxim has always been: A career open to talent without distinction of birth. It is this system of equality for which the European oligarchy detests me.” Napoleon Bonaparte • “I believe in equality for everyone except reporters and photographers.” Mahatma Gandhi • “With these preachers of equality will I not be mixed up and confounded?” Friedrich Nietzsche
Diversity Definitions (Dictionary) • The quality of being different • The quality of being varied • A point or respect in which people differ • The relation between two entities when and only when they are not identical, the property of being distinct. • The condition or result of being changeable
Diversity Quotations • “It takes all sorts to make a world.” Proverb. • “We all live with the objective of being happy; our lives are all different and yet the same.” Anne Frank. • “The notion of a universality of human experience is a confidence trick, and the notion of a universality of female experience is a clever confidence trick.” Angela Carter • “There is nowhere you can go and only be with people like you. Give it up!” Bernice Johnson Reagon • “Everyone is entitled to their own opinion, but not their own facts.” Daniel Patrick Moynihan • “Human salvation lies in the hands of the creatively maladjusted.” Dr. Martin Luther King Jr. • “We must learn to live together as brothers, or perish together as fools.” Dr. Martin Luther King Jr.
Diversity Quotations (continued) • “I am large. I contain multitudes.” Walt Whitman • “I am what I am, and what I am needs no excuses.” Jerry Herman • “People may be said to resemble not the bricks of which a house is built, but the pieces of a picture puzzle, each differing in shape, but matching the rest, and thus bringing out the picture.” Felix Adler • “We have become, not a melting pot, but a beautiful mosaic. Different people, different beliefs, different yearnings, different hopes, different dreams.” Jimmy Carter • “I know the human being and fish can co-exist peacefully.” George W. Bush
E&D Definitions from RAISE • Diversity is the acknowledgement and respect of differences within and between groups of people. • Equality is the framework that enables opportunity, access, participation and contribution that is fair and inclusive. (Regional Action and Involvement South East: RAISE)
E&D Definitions from Taunton Deane Borough Council (TDBC) • Diversity is the concept of valuing difference with a focus on the individual. It is proactive and respects the unique perspectives and experience that individual people from different backgrounds contribute. • Equal Opportunities – this is mainly driven by legislation, so tends to be reactive and primarily concerned with “groups” who are under-represented … due to discrimination. • .
Discrimination Stereotyping and Prejudice Definitions from TDBC • Discrimination happens when stereotyping and prejudice leads people to distinguish unfairly against or in favour of certain sections of society or individuals. This can be on the grounds of age, colour, disability, ethnicity/race, nationality, faith/religion/belief/disbelief, gender, sexual orientation or social background. • Stereotyping is an oversimplified, false or generalised assumption about a particular group or person and believing the assumption to be true. • Prejudice is an inflexible mental attitude towards a specific group of people or individual based on a lack of knowledge or false stereotyping.
Bullying and Harassment • Harassment occurs where, “on the grounds of sex, gender reassignment, race, religion or belief, sexual orientation, disability or age, one person engages in unwanted conduct that violates another person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for that person. “ (Statutory definition – NB the legislation was subsequently extended specifically to include harassment of a sexual nature.) • Bullying is “offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient.” (ACAS definition – no statutory definition as yet.)
Victimisation Victimisation occurs when an individual is treated detrimentally because: • They have made or intend to make a complaint about being discriminated against/harassed • They have acted or intend to act as a witness or give evidence in support of others relating to a complaint about discrimination or harassment. Detrimental treatment may be e.g. refusal of requests for time off, denial of promotion or training, being ignored by manager or colleagues, criticised continually, “messed around” with regarding work/shift allocations etc. If this happens and the organisation does not take reasonable steps to prevent it, the organisation will be liable to pay compensation. Individuals who victimise may also be liable to pay compensation.
Positive Action v Positive Discrimination • Positive Action is allowed under UK and European discrimination legislation • Positive Action is good practice. Examples might include: • Advertising in different publications which reach particular minority groups • Adapting working practices to enable certain individuals/groups to carry out jobs – flexible working • Extra training to support people to be more effective • Support networks for certain groups within the organisation
Positive Discrimination • Positive Discrimination is illegal in UK and European discrimination legislation. Examples include: • Appointing someone to a post because of their minority status (e.g. race, gender) even though they are less suitable than another candidate • Preferential treatment to someone because they belong to a minority group with regard to training, promotion etc. NB The new Equality Bill proposes that it will be legal, if two people are absolutely equally qualified and experienced etc for a post, to appoint the person from a minority group which is under-represented in the workforce. THIS IS NOT LEGAL YET!
UK E&D Legislation 1970-2006 • Civil Partnerships Act 2004 • Disability Discrimination Act 1995 • Disability Discrimination Amendment Act 2005 • Employment Equality (Age) Regulations 2006 • Employment Equality (Religion or Belief) Regulations 2003 • Employment Equality (Sex Discrimination) Regulations 2005 • Employment Equality (Sexual Orientation) Regulations 2003 • Equal Pay Act 1970 (Amended) • Equality Act 2006 • Gender Recognition Act 2004 • Human Rights Act 1998 • Protection from Harassment Act 1997 • Race Relations Act 1976 • Race Relations Amendment Act 2000 and further amendment 2003 • Racial and Religious Hatred Act 2006 • Sex Discrimination Act 2005 • Sex Discrimination (Gender Reassignment) Regulations 1999
Equality Bill – Key Provisions This bill, in the Government’s own words, aims to strengthen equality law by: • 1. Introducing a new public sector duty to consider reducing socioeconomic inequalities; • 2. Putting a new Equality Duty on public bodies; • 3. Using public procurement to improve equality; • 4. Banning age discrimination outside the workplace; • 5. Introducing gender pay and equality reports; • 6. Extending the scope to use positive action; • 7. Strengthening the powers of employment tribunals; • 8. Protecting carers from discrimination; • 9. Protecting breastfeeding mothers; • 10. Banning discrimination in private members’ clubs; and • 11. Strengthening protection from discrimination for disabled people.
Equality Checklist • Are you sure you are not breaking the law? • Are you committed to fairness? • Are you satisfied that you are recruiting the best person for the job? • Have you made a written commitment to being a fair employer? • Do your employees and customers know about this? • Do all your employees treat each other with dignity and respect?
Being an Equitable Employer • Stage 1: Putting together an Equal Opportunities and Diversity Policy • Stage 2: Putting together a Bullying and Harassment Policy • Stage 3: Putting together a Discipline and Grievance Procedure • Stage 4:Review your Recruitment and Selection Policy to take account of Equality and Diversity • Stage 5: Review your Training and Development Policy to take account of Equality and Diversity • Stage 6: Action Plan to make sure you continue to improve, and that your policies and procedures are working.
Equality Process • reviewing existing policies and procedures and/or writing new ones (as previous slide) • providing training and guidance for managers and supervisory staff • allocating responsibility for the implementation of the Policy to one or more individuals or to a department • communicating the Policy to all employees, job applicants and contractors • Equality Impact Assessment – This is a process that involves assessing and anticipating the consequences of policies and strategies on different groups and making sure that, as far as possible, any negative consequences are eliminated or minimised and that we maximise opportunities to promote equalities
Other Considerations • Becoming accredited to Quality Marks such as Investors in People (for personnel) and Customer First (for service users) • Using publicity materials to communicate your equality and diversity vision – printed materials, website, etc.
Other Benefits Ability to become accredited public sector provider or sub contractor Reduction of possibility of be taken to court and being fined from Employment tribunals Increased marketing and promotional reach to additional target markets Increased understanding of market and competition and development of USPs using staff diversity Increased ability to use all staff in policy and strategic development More diverse staff means more diverse ideas Customers from more minority backgrounds will be more attracted to your company