Equality and Diversity

Equality and DiversityEquality and Diversity

Covers what equality and diversity mean, barriers such as bias and stereotyping, the Equality Act 2010, types of discrimination, and employer and employee responsibilities.

In this lesson
Equality and diversityBiasEquality Act 2010Protected characteristicsDiscriminationPolicies
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Learning outcomes
By the end of this lesson you will be able to
  • Explain the value of equality and diversity
  • Recognise bias, stereotyping, prejudice and unfair discrimination as barriers
  • List the nine protected characteristics
  • Describe direct, indirect, associative and perceptive discrimination, harassment and victimisation
  • Describe what employers and employees must do to promote equality
  • Identify what a good equality and diversity policy should contain
The written lesson
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Equality and Diversity
Why equality and diversity matter

For most people, treating others equally and appreciating differences is the basis of being a good citizen and community member. For public, private and voluntary organisations it is essential to success, and many make sure their workforce reflects the different customers they serve. Understanding the difference between equality and diversity is the starting point for your role at work.

Equality

Treating people fairly and giving everyone the same opportunities.

Diversity

Recognising, appreciating and valuing people's differences.

Equality and Diversity
Bias in everyday decisions

Bias often operates without us realising. Some orchestras began holding blind auditions, with musicians playing behind a screen so the jury could not tell their sex, and many more women were hired as a result. The jury had not necessarily been aware of any gender bias, yet they had applied different standards. The same applies to us all in everyday life, including when hiring. By being aware of bias, we can change what motivates our decisions.

Awareness helpsYou may want to be fair and still be influenced by bias without noticing. Recognising it is the first step to changing your decisions.
Equality and Diversity
Barriers to equality

We may feel we treat everyone fairly and value their differences, but it is worth asking whether you have ever been guilty of any of the following. Each of these can prevent equality from being realised, and each can happen without any ill intent.

Unfair discrimination

Treating a person or group less favourably than another because of skin colour, ethnic origin or nationality, gender, age, disability, sexual orientation, religion or belief, or marital status.

Stereotyping

Assuming people have certain behaviours or attitudes that a type of person is expected to show.

Prejudice

Pre-judging a person or group of people without prior knowledge of them.

Equality and Diversity
Positive stereotypes

Some stereotypes may not seem negative, but all stereotypes are damaging. So-called positive stereotypes can put undue pressure on people who do not have the traits they are supposed to have. They can also set high expectations for certain people, which can cause feelings of alienation. Avoid assuming anything about a person based on the group you think they belong to.

The law
The law
The Equality Act 2010

The Equality Act 2010 came into effect in October 2010. It consolidated and streamlined a large amount of existing legislation, much of it developed more than 40 years earlier, and reformed discrimination law into a single Act. It also strengthened the law to support progress on equality. The Act lists protected characteristics, which are the grounds on which it is unlawful to discriminate against people.

2010Equality Act came into effect
9protected characteristics
The law
The protected characteristics

These nine characteristics are very important whenever issues of discrimination arise. It is unlawful to discriminate against someone on these grounds. Note that religion or belief also covers lack of religion or belief.

  • Age
  • Disability
  • Gender reassignment
  • Marriage and civil partnership
  • Pregnancy or maternity
  • Race
  • Religion or belief (or lack of religion or belief)
  • Sex
  • Sexual orientation
The law
Types of discrimination

The main types of discrimination are direct discrimination, indirect discrimination, harassment and victimisation. Direct discrimination includes perceptive and associative discrimination. Being able to tell them apart helps you recognise unacceptable behaviour and policies in your workplace.

TypeWhat it means
DirectTreating someone 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 one
PerceptiveDiscrimination against someone because others think they have a protected characteristic, even if they do not
AssociativeDirect discrimination against someone because they associate with a person who has one or more protected characteristics
IndirectA condition, rule, policy or practice that applies to everyone but particularly disadvantages people who share a protected characteristic
The law
Indirect discrimination

Indirect discrimination can be easy to overlook because the rule looks neutral. An example would be giving all female staff uniforms with short skirts, which would discriminate against women whose religion or beliefs require modest dress. Like direct discrimination, it is unlawful whether it is intentional or not, unless it can be justified.

Justified only if the employer
  • Acted fairly and reasonably in managing the business, for example to achieve a legitimate aim
  • Can show it considered other, less discriminatory alternatives
Not a defence
  • Not meaning to discriminate
The law
Victimisation and harassment

Victimisation, in this context, is where an employee is treated badly because they have made or supported a complaint or raised a grievance, or because they are suspected of doing so. An employee is not protected if they have maliciously made or supported an untrue complaint. Harassment is defined in law as shown below.

Harassment definedUnwanted 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.
The law
Positive action and the public sector duty

Organisations can take positive action to target goods, services and facilities at particular groups that they believe are under-represented or disadvantaged among their customers. This means researching customer needs and then promoting or designing services for that group. It is the organisation's own choice. Separately, public sector organisations such as local authorities, hospitals, educational settings and the police have a legal duty to promote equality.

Positive action example

A school that finds its white male pupils are under-performing in maths could run supplementary maths classes exclusively for them.

Public sector duty (since 2011)
  • Eliminate unlawful discrimination, harassment, victimisation and other unlawful behaviour
  • Advance equality between people who share a protected characteristic and those who do not
  • Encourage participation in public life where it is low
  • Take steps to meet differing needs
  • Remove or minimise disadvantages
The law
What employers must do

It makes good sense for every organisation to have an equality and diversity policy. If an organisation had to defend itself at an employment tribunal, it would need to show it takes equality and diversity seriously, and without a written policy that evidence would be hard to produce. A policy also shows employees, job applicants, customers and suppliers that the organisation respects people's rights and values their differences.

  • Value the contribution all employees make
  • Create a culture where discrimination, harassment, bullying and victimisation are totally unacceptable
  • Comply with all employment and equality legislation
  • Deal with problems quickly, thoroughly and confidentially
  • Treat all employees fairly and with dignity and respect regardless of employment status
  • Give equal opportunities, and select people on aptitude and ability in recruitment, training and development
The law
Making a policy work

A policy is only useful if it is put into practice. It should describe what the organisation does in each area, for example operating a whistle-blowing policy or a confidential phone line to deal with problems. All staff must know about it and be trained on it, and understand that a breach is misconduct that could lead to disciplinary action.

1
Describe the action

Set out what the organisation is doing in each area.

2
Make staff aware

Tell all staff about the policy and train them on it.

3
State the consequences

A breach is misconduct that could lead to disciplinary action.

4
Keep it alive

Monitor, regularly review and report on the policy.

5
Name an owner

A senior, named person should be responsible for making sure it is followed.

The law
What employees must do

Everyone at work shares responsibility for equality. Your behaviour affects colleagues and customers whether or not you intend it to, so think about how your words and actions may land. If you see something inappropriate, speak up straight away rather than assuming someone else will.

Comply

Follow the law and your organisation's employment and equality and diversity policies, and treat everyone with dignity and respect.

Avoid harm

Do not make derogatory comments, unfairly discriminate, harass or bully, or act in ways that may cause distress or embarrassment, intentionally or not.

Report and respect

Report inappropriate behaviour immediately and respect people's beliefs.

Key points to remember
  • Equality means fair treatment; diversity means valuing differences.
  • Bias, stereotyping and prejudice can affect decisions without us noticing.
  • The Equality Act 2010 protects nine characteristics.
  • Indirect discrimination is unlawful whether intentional or not, unless it can be justified.
  • A written, monitored equality and diversity policy helps an employer show it takes the issue seriously.
  • Every employee must treat others with respect and report inappropriate behaviour immediately.
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