1 Equality Impact Assessment- Legal & Policy Context Presented by Ionann Management Consultants Ltd ionann.co.uk January 2008 Qmul-EiaTrng SlideShow.ppt

2 Dimensions of Diversity AGE RACE DISABILITY ETHNICITY GENDER & GENDER ID SEXUAL ORIENTATION WORK BACKGROUND THINKING STYLE INCOME PARTNERSHIP/ MARITAL STATUS IMMIGRATION STATUS VALUES RELIGION EDUCATION DEPENDENCY GEOGRAPHIC LOCATION WORKING STYLE ACCENT UNIVERSITY GRADE CLASS LANGUAGE

3 Institutional Discrimination  The collective failure of an organisation to provide an appropriate and professional service to people because of their colour, culture, ethnic origin, gender, disability, age, sexual orientation, religion.  It can be seen or detected in processes, attitudes and behaviour which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness and stereotyping which disadvantages people from equality target groups.

4 Why do Equality Impact Assessments? Positive Legal Duties (Race, Disability & Gender) The University must have due regard to the need to:  Eliminate unlawful discrimination & harassment  Promote equality of opportunity  Promote good relations between persons of different groups & positive attitudes towards disabled people  Involve disabled people in policy making

5 Public Sector Equality Duties Race, Disability & Gender Specific Equality Duties  Produce Equality Policy & Action Plan  Assess & consult on impact of policies  Monitor existing policies  Monitor key employment processes  Publish results of EIAs, consultation & monitoring  Train staff to carry out their duties

6 Equality Law: Definitions  Discrimination  Institutional  Direct  Indirect  Victimisation  Harassment  Positive action

7 EIA What is it? Why do it? Where does it apply?

8 The University- as Employer Recruitment & selectionContracts & part-time working Performance managementStaff development opportunities Retention & progressionPromotion Disciplinary proceduresHarassment & Bullying ManagementWorking environment Policy developmentProcurement

9 The University- as Service Provider Interviewing students Induction Curriculum content & designTeaching & Learning Exams & assessmentStudent support/guidance Retention & progressionResearch Halls of residenceCatering PartnersPlacements Business ClientsCommunity Links Contractors & SuppliersLearning resources

10 Screening Evidence & Consult Evaluation & Options PUBLISH Report & Action Plan Monitor, Review, Revise, Repeat! DECISION: Is a full EIA necessary? EIA Process Wheel

11 Monitor For Differential Impact What differences are there between groups of students in terms of:  Teaching & learning  Drop out rates  Student progression & achievement  Assessment  Access to learning resources  Support & guidance  Curricula and other opportunities  Aspiration?

12 Monitor For Differential Impact Are these differences based on objective criteria relating to achievement and/or potential?  If yes, what are they?  If no, what will you do to address these differences and by when?

13 Monitor For Differential Impact What differences are there between groups of staff in terms of:  Recruitment & selection  Grade & position  Type of employment contract  Career development  Promotion  Training & other development opportunities  Grievances  Disciplinary proceedings  Aspiration?

14 Monitor For Differential Impact Are these differences based on objective criteria relating to achievement &/or potential?  If yes, what are they?  If no, what will you do to address these differences, & by when?

15 Do policies, practices or procedures in your area of work help all staff and/or students get as much as they can from what is provided and achieve as much as they can?  If yes, how do you know?  If no, what will you do to improve them and by when?

16 Are decisions affecting a person’s programme of study or career based solely on objective criteria relating to achievement and/or potential?  If yes, how do you ensure this?  If no, how do you justify these decisions?

17 Practical Implications What is your area of work doing to:  raise achievement levels & tackle inequalities?  promote dignity, courtesy & respect at work & study?  prevent or deal with discrimination Are the above actions appropriate & effective?  If yes, how do you know?  If no, what will you do to improve them?

18 Vicarious & Personal Liability  The employer will be held to be vicariously liable for all acts of discrimination carried out by a member of staff unless it can be shown reasonable steps were taken to prevent it  Individuals may be held personally liable for discriminatory acts

19 Tribunal  Tribunal powers  Burden of proof on Employer: in absence of good practice, discrimination may be inferred.  Consider impact of actions - intention is immaterial  Unwitting … only once !

20 Who Is Responsible?  University Council/Principal  Heads of Department, School or Institute  Managers & project leaders  All staff  Students  Sub-contractors