SmartLaw Resource ● Discrimination

Discrimination Lesson Objectives Know what discrimination is and that there are two kinds of discrimination. Understand who equality law protects and why. Be able to create a persuasive argument about equality law. © Citizenship Foundation 2018 • Charity Reg. No. 801360

My Identity music taste religion appearance culture race age Discrimination My Identity music taste religion appearance culture Use the sheet to think about how you and other people would describe your identity. age race friends where you live family sexuality What is discrimination? Can you think of a reason why someone might discriminate against you? © Citizenship Foundation 2018 • Charity Reg. No. 801360

What is discrimination? There are two types of discrimination Direct discrimination. This tends to be more obvious, e.g. racist comments or sacking a woman due to pregnancy. Indirect discrimination. This is a less obvious form of discrimination, e.g. forcing everyone in a company to start work at 8:00 in the morning when this may negatively affect working mothers. © Citizenship Foundation 2018 • Charity Reg. No. 801360

Discrimination throughout history Can you match the dates to the law? 1833 Some women entitled to vote for the first time 1918 Slavery abolished throughout the British Empire Disability discrimination wasn’t outlawed until two decades after racial and gender discrimination. Why do you think this was? 1967 Same-sex marriage legalised 1970 Equal Pay Act demands that women and men are paid an equal wage for equal work 1976 Race-related discrimination banned 1995 Discriminating against disabled people in relation to employment banned 2013 Homosexuality legalised © Citizenship Foundation 2018 • Charity Reg. No. 801360

Is it legal? Discrimination Look at your scenarios sheet. Do you think the situation was legal or illegal, or are you unsure? © Citizenship Foundation 2018 • Charity Reg. No. 801360

The Answers It depends Is it legal? Discrimination The UK no longer has a default retirement age of 65. Employers have to justify all retirement dismissals. In 2012, the Supreme Court said that employers needed to give particular consideration to whether a ‘public interest’ is served when telling someone to retire. Amir is a partner in a small law firm. When he reached 65 he was told he had to retire. Is it legal? It depends © Citizenship Foundation 2018 • Charity Reg. No. 801360

The Answers Illegal Is it legal? Discrimination Discrimination on the grounds of sex is prohibited in the areas of employment, education, and the provision of goods and services. Employers are not allowed to recruit on the basis of gender unless there are exceptional circumstances (e.g. a role in a play needs to be held by a woman in order to play a female character). Jane is turned down for a job working as an assistant in a men’s clothing store. She believes this is because of her gender. Is it legal? Illegal © Citizenship Foundation 2018 • Charity Reg. No. 801360

The Answers Illegal Is it legal? Discrimination Businesses and organisations must make reasonable adjustments to the physical features of their property to overcome physical barriers to access (e.g. installing lifts as well as stairs). All new buildings should be constructed so as to allow disabled people proper access. Lana is in a wheelchair and the bank she works at has just opened up a new branch in a brand new purpose-built building. Lana can’t use this branch because the only access to this building is up a set of stairs. Is it legal? Illegal © Citizenship Foundation 2018 • Charity Reg. No. 801360

The Answers Illegal Is it legal? Discrimination It is unlawful to discriminate on racial grounds against another person. You are protected by the law if you have been abused or harassed on racial grounds, and this could include racist jokes. It is also unlawful to treat someone less favourably than others because they have brought a case of racial discrimination to the attention of his/her employers. This is known as victimisation. Patrick, an Irish man, refused to laugh at the Irish jokes that his work colleagues made about him. He complained to his manager but was told not to worry about it. When he made a further complaint he was dismissed by his company for having ‘an attitude problem.’ Is it legal? Illegal © Citizenship Foundation 2018 • Charity Reg. No. 801360

The Answers Illegal Is it legal? Discrimination More than one type of discrimination can occur in a single case. In this case Carol suffers both gender and racial discrimination. This was a real case brought forward by PC Carol Howard. In July 2014 a tribunal ruled that she had been discriminated against by the Metropolitan Police, and had been targeted by her boss for almost a year. She was awarded £37,000 in damages. Carol was the only black, female Police Officer working in the Diplomatic Protection Group. She was singled out and targeted by her manager who would undermine, discredit and belittle her in front of her colleagues. Is it legal? Illegal © Citizenship Foundation 2018 • Charity Reg. No. 801360

The Answers Illegal Is it legal? Discrimination Mike and Isaac are in a romantic relationship. They are living in the UK and decide that they want to get married in their local registry office but are told they can’t because they are both men. Is it legal? In July 2013 the Marriage (Same Sex Couples) Act was passed. This gives same sex couples the same right to marry as heterosexual couples. Illegal © Citizenship Foundation 2018 • Charity Reg. No. 801360

The Answers Legal Is it legal? Discrimination Nisha left school and applied to train as a nursery nurse at the local college. She was turned down because her exam grades were not good enough. Is it legal? It is not against the law to turn someone down because their exam results are not good enough. Legal © Citizenship Foundation 2018 • Charity Reg. No. 801360

The Answers It depends Is it legal? Discrimination A company has a policy that all bus drivers must wear a peaked cap at work as part of their uniform. Some staff have expressed concern that this may discriminate against certain groups of people. Is it legal? If there are no health and safety reasons for drivers to wear peaked caps (like there may be on a building site with hard hats) this could be a form of discrimination on religious grounds. It depends © Citizenship Foundation 2018 • Charity Reg. No. 801360

Plenary What have you most agreed or disagreed with today? Discrimination Plenary What have you most agreed or disagreed with today? What do you think about the way discrimination is handled in schools? Do you think that it is important to have laws on discrimination? Why or why not? © Citizenship Foundation 2018 • Charity Reg. No. 801360