Falkirk CouncilSocial Work Services

www.robinifflatraining.co.uk

Equalities and cohesion duties for managers

Course objectives

• By the end of this session, you will be able to :

• Understand prejudice and discrimination – including institutional discrimination

• Reflect on you own experiences and prejudices and how they effect your own behaviour and attitudes

• Differentiate between acceptable and unacceptable uses of language, and change their use if necessary

• Describe and access key equality legislation, council policies and best practice

• Recognise direct and indirect discrimination, victimisation, harassment and positive action

• Describe the principle requirements of disability legislation and contrast medical and social models of disability

Course Structure

• Introduction • Organisational Culture • Understanding Prejudice and Discrimination • The Equalities Act 2010• The nine strands – race, gender, religion or belief,

sexual orientation, marriage and civil partnership, pregnancy and maternity, age, disability and transgender

Diversity or Equality ?

• Diversity awareness is about understanding and accepting that we live and work in a society where everyone is different. This does not mean that one person or group is any better or worse than the next – just different.

• And, based on this acceptance, all people should be treated according to their needs.

• Equality is about treating all people the same, regardless of their individual needs

Diversity, Equality and cohesion are not...

• about ‘Political Correctness’

• about ‘Moving the Goal Posts’

• flavour of the month

• another tick in the box

Why bother?

Us

Our values Our communities

Good Practice

The Law

Our organisation

Our ethics

Our communities

• Age– mid year estimates for 2010 suggest

Falkirk has a resident population of 153,280

– 16.9% are under 16-29yrs (18.7 Scot.)– 22.8% are over 60 (23.1 Scot)

– (NRS December 2011)

Our communities

• Disability– % of Falkirk residents have a limiting

long term illness ()– In 2012 approximately % of Falkirks

population will have some form of disability (, Corporate Research and Intelligence)

Our communities• Ethnicity

• 1% of population from a minority ethnic background.

• Pakistani makes up 48% of that total followed by Chinese and Indian

(NRS 2008)

Our communities

• Gender

– Population : 74,376 male, 78,904 female (NRS December2011)

– Council : ?% male, ?% female– Senior officers : ?% of the top earners were

female– Elected members : ?% male, ?% female

Our Communities

Religion 50 % Church of Scotland 12 % Roman Catholic 5% Other Christian 1% Other Religions (half of this figure

muslim) 2% No Religion

Our communities• Sexual orientation

– No census figures – it is hoped that the 2011 census will provide data

Unemployment

• Falkirk Total – ( %age figures show the number of Job SeekerAllowance claimants as a proportion of residentworking-age people )

Equalities review

• Definition of an equal society:– An equal society protects and promotes equal,

real freedom and substantive opportunity to live in the ways people value and would choose, so that everyone can flourish.

– An equal society recognises people’s different needs, situations and goals and removes the barriers that limit what people can do and can be.

Equalities Review

• An equal society (continued):– Vitally, this definition also recognises our

diversity: equality does not mean sameness, nor should an equal society try to force everyone into the same mould. On the contrary, the pursuit of equality is about empowering people to live their dreams, to be themselves and to be different, if they wish.

Equalities review (chapter 3)

• This chapter: – argues that though most kinds of inequality

amplify the effects of other types of inequality, some are more serious because they set off a ‘cascade’ of further disadvantage;

– identifies four of the areas in which equality gaps are most likely to cause further inequalities: early years and education, employment, health, and crime and criminal justice;

Organisational Culture

Culture

• Learned behaviours of a group of people

• Generally considered to be their tradition

• Transmitted from generation to generation

Organisational Culture

• Cultures within A Culture• ‘The way we do things around here’• ‘How we think around here’• Who is Stirling Council?• Terminology• Organisational culture has both positive

and negative features. • We need to change the negative

culture

Stereotyping

A stereotype is a prejudicial mental image held about particular groups of people which is based around

• false, (and/or) • distorted, (a/o) • simplified (a/o) • incomplete knowledge about them.

Labelling is similar but has a wider anti-social connotation about biased mental images, often based on the earlier work of scientists who tended to classify groups on a superior-inferior scale.

Understanding Prejudice and Discrimination

Prejudice & Discrimination

• Prejudice = what we think

• Discrimination = actions we take or things we say which are affected by prejudice

Sources of Prejudice

• Power• Vulnerability• Ignorance• Conformity• Upbringing :

values, attitudes and standards learned from parents, school, friends, workplace, media, religion

Allport’s Scale

Anti-Locution - ‘bad mouthing’, racist/sexist jokes, derogatory remarks

Avoidance- excluding from social activities, ignoring etc

Discrimination - unequal treatment, harassment

Physical Attack - acts or threats of violence

Extermination - murder, massacre, genocide, etc

Paradigm of Prejudice & Discrimination

• Prejudice is what we think or believe• Discrimination is what we do or say

based on prejudice

Prejudiced

Discriminator

Prejudiced

Non-Discriminator

Non-Prejudiced

Discriminator

Non-Prejudiced

Non-Discriminator

Notion of Being Scottish

What are the traits, characteristics, commonalities etc which make up and define the English ?

Ethnocentrism

• Ethnocentrism is ‘the making of judgements about others’ behaviour and cultures based upon your own culture as the norm; viewing others through the eyes of your own culture’

• Another definition is ‘the feeling that a group’s mode of living and values are superior to those of other groups’

• Ethnocentrism is a form of prejudice• Ethnocentric beliefs may lead to racial

behaviour

Responses to Dominance

• Exercise on bullying

Can you think of a time when you were bullied?

How did you feel? What did you do about it?

Legislation

The Equalities Act 2010

• Before –

• Over 40 pieces of equality law

• 9 pieces of primary legislation

• Many more statutory instruments (about 116 in total)

• British equality law had grown piecemeal from the 1960s onwards; the new act looks to simplify, strengthen, streamline and harmonise the law.

Definitions of discrimination

• Direct discrimination

• Discrimination by Association

• Perception Discrimination

• Indirect Discrimination

Direct Discrimination

• Occurs where someone is treated less favourably than another person because of a protected characteristic they have, are thought to have (Discrimination by Perception) or because they associate with someone who has a protected characteristic (Discrimination by Association)

Discrimination by Perception

• - This is direct discrimination against someone because others think they possess a protected characteristic. It applies even if the person doesn’t actually possess that characteristic. ( already applies to race, religion or belief and sexual orientation and is Now extended to cover gender reassignment, sex and disability).

Discrimination by Association

• - This is direct discrimination against someone because they associate with someone who possesses a protected characteristic. ( It already applies to race, religion or belief and sexual orientation and is now extended to cover age, gender reassignment, sex and disability).

Indirect Discrimination

• Indirect discrimination- indirect discrimination can occur when you have a condition, rule, policy or even a practice that applies to everyone but particularly disadvantages people who share a protected characteristic. It can be justified if you can show that you acted reasonably – that it is ‘a proportionate means of achieving a legitimate aim’ being proportionate really means being fair and reasonable, including showing you’ve looked at less discriminatory alternatives to any decision you’ve made.

(does not apply to sex and pregnancy and maternity)

Definitions of discrimination

• Harassment

- is ‘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’.

• Third party harassment• Victimisation

The Protected Characteristics

• Age• Disability• Gender reassignment• Marriage and civil partnership• Pregnancy and maternity• Race• Religion or belief• Sex• Sexual orientation

More features of the Equality Act

• Discrimination arising from disability

• Duty to make reasonable adjustments

• Pregnancy and maternity discrimination

• Positive action

More features of the Equality Act

• The public sector Equality duties

– General duty– Specific duty

General duty

• Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act.

• Advance equality of opportunity between people who share a protected characteristic and those who do not.

• Foster good relations between people who share a protected characteristic and those who do not

Specific duty

• Publish Equality information

• Prepare and publish equality objectives

In-house

• Equality unit• Equality policies• Bullying and harassment policies• Equality impact assessments• Community impact assessments

Race

Race

Racism

“The theory or idea that there is a link between inherited physical traits and certain traits of personality, intellect or culture, combined with the notion that some races are superior to others”

“IF YOU WANT A NIGGER NEIGHBOUR VOTE

LABOUR”

Racism – Key Elements

• Having a belief that there are different races, and

• That one race is superior to another/others, and then

• Treating people less favourably because of different skin colour ethnic background etc or because of their association with such people

Iceberg Model

Overt ActionSubtle Action

Superior/inferior notions

Fixed traits / characteristics

Racial prejudice

Break Surface

Racism

• Passive Racism is ‘where a person witnesses racism taking place and disagrees with racism but does not challenge it. The person therefore appears to condone the racist act’

• Pro-racism is ‘where a member of a minority group accepts racism without challenge or ‘turns a blind eye’ to it’

Institutional Racism/Discrimination

‘The collective failure of an organisation to provide an appropriate professional service to people because of their colour, culture, or ethnic origin. It can be seen or detected in processes, attitudes and behaviour which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness and racist stereotyping which disadvantage minority ethnic people’

Sir William MacPherson

Barriers to Communication

• Derogatory language

• Intention –v- impact

• Cross cultural differences in language

• Cross cultural differences in body language

• Symbolic communication

Definition of Hate Crime

• Hate Crime• Any incident, which constitutes a criminal

offence, which is perceived by the victim or any other person as being motivated by prejudice or hate.

• Hate Incident • Any incident, which may or may not

constitute a criminal offence, which is perceived by the victim or any other person, as being motivated by prejudice or hate

Nature of Hate Crime

• ‘Even apparently trivial incidents can have a most devastating effect upon quality of life and, if they persist, can destroy lives, health and self esteem, with whole communities being affected’

Hate Crimes are Different

• Hate crime can affect not only the victim but may impact upon entire communities. There can be multiple victims.

• Being the victim of a hate crime means being a victim because of who you are. You are a victim for no other reason.

• The ‘drip drip’ effect. Many victims of hate crime have endured years of racist abuse before they eventually report it to the police. A constant ‘drip’ of seemingly ‘petty’ abuse can in the long term be as damaging as a single violent act.

Organisational areas of concern

• Lack of trust

• Harassment and intimidation

• Reporting of racist incidents

• Mix of nationalities

• Language barriers

• Employee issues

Religion or belief

In the Equality Act, religion includes any religion. It also includes a lack ofreligion. Additionally, a religionmust have a clear structure and belief system.

Belief means any religious orphilosophical belief or a lack of such belief.

Religion or belief

Issues

• Sectarianism• Anti Semitism• Islamophobia• Inter Christian Divide• Religious Symbolism• Where do we stop/begin?

Disability

Diversity Awareness

Disability

• What does it mean?

• What’s your experience?

When is a person disabled?

• A person has a disability if they have a physical or mental impairment, which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.

Disability Discrimination Act 1995

• Makes treating people with disabilities less favourably than other people, without justification, unlawful in areas such as buying goods, using services, finding somewhere to live and getting a job.

Any step that it is reasonable to have to take in the circumstances

The adjustment should ensure that:

• Employment arrangements or premises do not put a disabled person at a disadvantage in comparison to a non disabled person

What is a reasonable adjustment?

Reasonable adjustments include:

• making adjustments to premises• allocating some of the disabled person’s duties

to another person• transferring the person to fill an existing

vacancy• altering the person’s hours of working or

training• assigning the person to a different place of

work or training• allowing the person to be absent during

working or training hours • acquiring or modifying equipment

UK employment statistics

% of non-disabled people in employment

% of disabled people in employment

Men 86%

Women 79%

Men 48%

Women 45%

Models of disability

• Medical - ‘Fixing the person’ who is disabled

• Social - ‘Fixing society’ to make it inclusive for all

Words

HandicappedThe disabledCripple

Disabled people or people with disabilities

Mentally handicappedRetarded

Person with learning difficulties

Wheelchair bound Wheelchair user

Spastic Person with cerebral palsy

Deaf and dumbThe deaf

Deaf personHearing impaired

MongolSpastic

Person with Down’s syndrome

DwarfVertically challenged

Person of small stature

Sex

• Covered by all 7 forms of discrimination

• Genuine Occupational Requirement

Causes of Sexism

• Influence of socialisation

• Exclusionary language

• Physiological

Pro-sexism

DefinitionBehaviours by members of a minority group which accommodates the dominant group’s sexism, by reinforcing and encouraging it rather than questioning or challenging it.

• ReinforcingUsually involves some form of participation

• EncouragingCan be merely saying nothing and appearing

to accept the behaviour

Sexual Harassment

‘Unwanted conduct of a sexual nature, or other conduct based on sex affecting the dignity of women and men at work.’

‘This can include unwelcome physical, verbal or non-verbal conduct.’

What does “At Work” mean?

• Includes team nights out, training courses, conferences, corporate functions etc

• There must be a connection with work

Features of Sexual Harassment

• Behaviour mostly directed towards woman by men

• Behaviour is initiated by perpetrator and is unwanted by victim

• There is often a power differential between perpetrator and victim

• Content and behaviors include verbal and non-verbal elements (directly or indirectly affecting the victim)

• Behaviour causes harm to victim• Not a gender issue - both men and women can

be victims or offenders, regardless of their sexuality

Intention v Impact

• The intention of the harasser is irrelevant

• It is the impact on the recipient that matters

• What is acceptable is to be determined from the complainant’s viewpoint

• Not necessary for a victim to make a public fuss to indicate disapproval

What are you going to do?

• You walk past an office. A senior manager is practising putting in there – it’s his office. He is putting the golf balls between the legs of a complicit female employee, who is lying on the floor with her legs akimbo. Other female members of staff are present, most laughing.

Sexual Orientation

L.G.B.T.

Language

• Lesbian

• Gay men

• Bisexual

• Heterosexual

• Transgender

• Females who are emotionally and/or physically attracted to a member of the same sex.

• Males who are emotionally and/or physically attracted to a member of the same sex.

• Someone who is physically and/or emotionally attracted to both sexes.

• Person physically and/or emotionally attracted to members of the opposite sex.

• Men or Women born as one gender but who identify with the other sex.

Born To ? - Choose To ?

• “If I could tell everyone in the world just one thing about being a lesbian it would be that it isn’t a choice. I never chose to be gay and I never wanted to be. Why would I? But there was nothing I could do about it. It chose me. I’ve known since about thirteen but I refused to accept it until about nineteen or twenty. That’s how it is for a lot of people”.

Crime Survey of Gay Men

• 57% of gay men had suffered harassment in the previous 12 months

• 18% of gay men had been victims of violent crime in the previous twelve months -

• Compared to 3% of all males in the UK

• Only 12% of gay men reported incidents to the police

Gender Reassignment

Trans People

• Transvestite - A person who feels a strong compulsion to dress in the clothes of the opposite sex

• Transgender - A person who may seek medical or surgical alterations to their body with a view to living as a member of the opposite sex to that recorded at birth

Trans People

• Gender Dysphoria - Not a disease therefore, no cure

• Transvestites - Estimated 1 in 100 males• Transgender - Estimated 1 in 15,000• People should be treated as a member

of the sex they present as• Most official documents can be

changed, including the birth certificate

Gender reassignment (new definition)

• The Act provides protection for transsexual people. A transsexual person is someone who proposes to, starts or has completed a process to change his or her gender.

Age

• The Act seeks to protect people of all ages.

• However, different treatment because of age is not unlawful direct or indirect discrimination if you can justify it – ie. if you can demonstrate that it is a proportionate means of meeting a legitimate aim.

• Age is the only characteristic that allows employers to justify direct discrimination.

Marriage and Civil Partnership

• The Act protects employees who are married or in a civil partnership against discrimination. Single people are not protected.

• Anne makes a formal complaint against her manager because she feels that she has been discriminated against because of marriage.

Although the complaint is resolved through the organisation’s grievance procedures, Anne is subsequently ostracised by her colleagues, including her manager. She could claim victimisation., indirect and victimisation

Pregnancy and Maternity

A woman is protected against discrimination on the grounds of pregnancy and maternity during the period of her pregnancy and any statutory maternity leave to which she is entitled. During this period, pregnancy and maternity discrimination cannot be treated as sex discrimination. You must not take into account an employee’s period of absence due to pregnancy-related illness when making a decision about her employment.

• Lydia is pregnant and works at a call centre. The manager knows Lydia is pregnant but still disciplines her for taking too many toilet breaks as the manager would for any other member of staff. This is discrimination because of pregnancy and maternity as this characteristic doesn’t require the normal comparison of treatment with other employees.

Remeber

• What you Permit You Promote• You are the organisation• People will be far more impressed by

the power of your example – than the example of your power.

(whether that be , staff, colleagues, clients, friends or family)

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