Discrimination- EDR Task 2 Assignment Brief P2 Powerpoint Describe discriminatory practice in health and social care. 2   P3 Report Describe the potential effects of discriminatory practice on those who use health and/or social care services. 2b M1 Assess the effects on those using the service of three discriminatory practices. 2c

Starter https://www.youtube.com/watch?v=UB8--PFAJDE https://www.youtube.com/watch?v=YgUqmKQ9Lrg

The Equality Act Disability Read the hand-out Note what changes the Equality Act has made in terms of Disability and Discrimination

Discrimination and characteristics In the Equality Act, no one protected characteristic has a higher priority than any other. Discrimination claims can be made on the grounds of: 1. a single protected characteristic - for example, because an employee is female 2. a number of single, but unrelated, characteristics – for example because an employee is female and also because she is of a particular age (in these situations, each characteristic would be considered separately).

Discrimination arising from a disability The Equality Act also protects an employee from what the law terms ‘discrimination arising from a disability’ – this is where they are treated unfavourably because of something connected with their disability. For example, a tendency to make spelling mistakes arising from dyslexia At an employment tribunal, a claim of discrimination arising from disability would succeed if the employer (or, for example, the manager or another employee against whom the allegation was made) was unable to objectively justify the unfavourable treatment by pointing to a valid and non-discriminatory reason for it. In law, this means the unfavourable treatment would have to be justified as ‘a proportionate means of achieving a legitimate aim'. For more However, it is very unlikely an employer would be able to justify discrimination arising from a disability if the unfavourable treatment could have been prevented by a reasonable adjustment.

• they are practical for the employer to make Whether any suggested adjustments are actually reasonable can depend on whether: • they are practical for the employer to make • the employer has the resources to pay for them? (An employment tribunal may expect more from a large organisation than a small one because it may have greater means, or if an organisation has access to other funding such as the Government’s Access to Work scheme ) they will be effective in overcoming the ‘disadvantage’ in the workplace.

Making reasonable adjustments An employer can lawfully treat employees who are disabled more favourably because of their disability than non-disabled employees. In fact, it is unlawful for an employer to fail to make ‘reasonable adjustments’ enabling a disabled person to work for it. However, employees who are not disabled are unable to claim discrimination on the grounds they have been treated less favourably because of the ‘reasonable adjustments’ given to a disabled colleague. An example of a ‘reasonable adjustment’ might include changing a disabled employee’s terms and conditions of employment or working arrangements, so they will not be disadvantaged in doing their job compared to colleagues who are not disabled, and/or so they and their work performance really benefit from the change. An employer must consider making ‘reasonable adjustments’, involving the disabled employee or job applicant in the decision, if: • it becomes aware of their disability • a disabled employee or job applicant asks for adjustments to be made • a disabled employee is having difficulty with any part of their job • either an employee’s sickness record, or delay in returning to work, is linked to their disability.

Equity Means Fairness All people should have fair an equal access to the services, e.g. doctors, treatment, medication What might prevent an individual with a disability from accessing health and social care services when they need to?

Fill in the table- 5 examples Possible problem Possible solution Is this a reasonable adjustment? Wheel chair user + booking a holiday with a travel agent No wheelchair access to the travel agency Ramp Doorway width adjusted This is practical Affordable by the organisation and will benefit the individual

HIV and AIDS All people with diagnosed HIV are protected by the law, in the same way as people who are discriminated against because of their race, sex, age, sexual orientation or religion. For the purposes of these laws, people with diagnosed HIV are defined as having a ‘disability’. Discuss- Do you think individuals with HIV/AIDS should be defined as disabled What could be the impact of this?

Discrimination- HIV/AIDS and healthcare https://www.youtube.com/watch?v=8Tm0j07lJUw

Discrimination and HIV The Equality Act applies in England, Wales and Scotland. In Northern Ireland, similar protections are given by the Disability Discrimination Act. Some examples of things which would normally be against the law: A dental surgery which refuses to register people with HIV as patients. A company which pays a lower salary to employees with HIV. A sports club which, because of unjustified fears of HIV transmission, excludes people with HIV. All people with diagnosed HIV are protected by the law, in the same way as people who are discriminated against because of their race, sex, age, sexual orientation or religion.

True of False HIV is easy to catch Mother to child HIV transmission can not be prevented Good hygiene practices are enough to protect health care workers from catching HIV HIV Is often fatal Treatment of HIV is highly cost effective Individuals move to the UK to receive free HIV treatment People with HIV experience health problems, loneliness, exclusion, poverty or unhappiness

Answers False- HIV is difficult to catch and cannot be picked up in day to day contact Mother to child transmission of HIV can be prevented in nearly all cases with the right treatment and care TRUE False- most people who receive treatment at the right time, live long and healthy lives False- rates are lower in those moving to the UK than those in the country they are from. The average length of time between a person arriving in the UK and getting care is 5 years True and false- Some do but many of the issues experienced are due to discrimination / feelings of guilt and blame and not the condition themselves. Many HIV-positive people maintain and form new close relationships, have the support of their families, have children without putting others at risk of HIV, have fulfilling love and sex lives, maintain and develop careers, and make plans for the future.

Types of discrimination Remind yourself of the following types of discrimination Direct Indirect Associative Perceptive Harassment Third party harassment Pairwork- You are allocated a type of discrimination You must write a scenario on the MWB demonstrating your type of discrimination involving an individual with HIV/AIDS

DIRECT

InDirect

Association

Harassment

Perceptive

Third Party Harassment

Discriminatory practice Discriminatory practice can be shown through a variety of behaviours Look on page 67 of the text book Mind map the behaviours providing an example relating to your setting

Good practice? “My GP wrote HIV+ on the front of my notes in big red letters. Anyone could see it. I asked her about it, and she said that they write all serious medical conditions on the front of a patient’s notes. She could see I was upset, so made a new set of notes that didn’t have it on there. It was a small detail, but it made a big difference”