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40 years after the Equal Pay Act. Are there equal opportunities?
Gender Learning Intentions: To examine the evidence for gender inequalities, reasons for gender inequalities and what can be done by government and individuals to overcome gender inequalities. 40 years after the Equal Pay Act. Are there equal opportunities?
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The Equality Act 2010 The Equality Act incorporates all previous Equalities legislation. Rights and Responsibilities have either: Stayed the same. Direct discrimination still occurs when "someone is treated less favourably than another person because of a protected characteristic". Changed – for example, employees will now be able to complain of harassment even if it is not directed at them, if they can demonstrate that it creates an offensive environment for them. Been extended. associative discrimination (direct discrimination against someone because they associate with another person who possesses a protected characteristic) will cover age, disability, gender reassignment and sex as well as race, religion and belief and sexual orientation. Be introduced for the first time. The legislation will enable employers to favour under-represented groups during the recruitment process – provided the candidates are of equal suitability – to increase the diversity of their workforces. This is comparable to the affirmative action programmes of the USA.
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The Equality and Human Rights Commission
Trevor Phillips, chair of EHRC The EHRC is trying to take a more “holistic” approach to issues of inequality involving gender, race, age, disability and sexual orientation. It feels the old “single issue” equal opportunities approach meant some disadvantaged groups could improve better than others, perhaps even pitted discriminated groups against one another. The EHRC hopes to “mainstream” equalities law in organisations across the range of discriminations. The EHRC derives its powers from the Equality Act The old Equal Opportunities Commission (EOC) was incorporated into the EHRC. The EHRC is trying to take a more “holistic” approach to issues of inequality involving gender, race, age, disability and sexual orientation. It feels the old “single issue” equal opportunities approach meant some disadvantaged groups could improve better than others, perhaps even pitted discriminated groups against one another. The EHRC hopes to “mainstream” equalities law in organisations across the range of discriminations. Section 3 states the EHRC has a general duty to work towards a the development of a society where equality and rights are rooted. This is taken to mean, people’s ability to achieve their potential is not limited by prejudice or discrimination, (b) there is respect for and protection of each individual’s human rights (including respect for the dignity and worth of each individual), (c) each person has an equal opportunity to participate in society, and (d) there is mutual respect between communities based on understanding and valuing of diversity and on shared respect for equality and human rights.
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Has the 2010 Equality Act gone too far?
Is the new, tougher, legislation necessary to overcome inequalities or has “political correctness gone too far”? The Equality Bill The Government has published a white paper aimed at tackling "entrenched discrimination" in the workplace and beyond. The Equality Bill replaces more than 100 separate pieces of legislation covering race, disability and gender equality. The white paper contains two new (and controversial) features Transparency in earnings The government says transparency is essential in tackling discrimination, so it is banning secrecy clauses in contracts that prevent employees from talking about how much they earn. This does not mean that people will be required to disclose their pay details, but they can compare pay and benefits if they so choose. Positive discrimination Employers will be able to take into account the make-up of their workforce when choosing between two equally qualified candidates. If a particular group is under-represented the employer can take this into account when deciding who to employ. They will also be able to "fast-track" or select recruits from under-represented groups, as long as they are equally suitable - but they will not be allowed to promote people purely on the basis of their race or gender.
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The Pay Gap “At the current rate, it will take at least another two decades to close the pay gap. Women who work full time will earn on average £330,000 less than a man over their working lives – that’s the price of a family home. It’s amazing that we still think this is something that a decent society can live with” Trevor Phillips, Chair of Equality and Human Rights Commission It is now over thirty years since the Equal Pay Act came into force, but there is still a massive inequality between men’s and women’s pay. There is a 15%* gap between men’s and women’s full-time hourly rates, and a shocking 35% gap when you compare women’s part time hourly rate to men’s full time hourly rate. These headline figures represent a lifetime of pay discrimination for women. This discrimination is a contributing factor to women and children’s higher levels of poverty and women’s pensioner poverty. It also impacts on household earnings and on men’s earnings when they work in sectors or occupations with high levels of female workers. The full-time gender pay gap in Scotland is 15%. This means that women working full-time earn 85p per hour, for every £1 per hour that a man working full-time earns. The part-time gender pay gap in Scotland is 35%. This means that women working part-time earn 65p per hour, for every £1 per hour that a man working full-time earns.
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The Glass Ceiling “ Girls and young women are outperforming males at all educational levels. They are moving into an expanding range of occupations, and building successful careers. The gender pay gap is narrowing. But for many this all comes to an abrupt halt when childcare comes into the working week. Mary Gregory, Oxford University One of the reasons for gender inequality is the glass ceiling. A study in 2008 by the Royal economic Society found that professional and managerial women who became mothers moved down the job ladder after returning from having a child. 2/3 took clerical or lower skilled jobs. Women who managed shops, salons or restaurants were even more adversely affected. Almost 50% gave up their managerial responsibilities to become sales assistants, hairdressers or similar roles. Teaching and nursing were the best careers for moving to part time hours, but even here 10% quit for lower skill jobs. The New Earnings Survey of highlighted the continued problem of the few number of jobs available on a part time basis having pay and conditions comparable to full time work. As it is more often women who do these jobs, this makes a major contribution to income inequality. 40% of women who work have part time jobs, a number which includes the majority of mothers.
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Sexism and the City: Fawcett’s campaign
Straight jacketed: women are disadvantaged by outdated job structures and attitudes. Excluded from power: only 11% of FTSE 100 company directors are women. X chromosome discrimination: every year 30,000 women lose their jobs because they are pregnant. Impoverishment: two-thirds of low paid workers are women. Sexual exploitation: Visiting lap dance clubs has become an increasing way of entertaining business clients. Money gap: Women working full-time earn 17% less than men. Nearly 40 years on from the outlawing of discrimination against women in the workplace – sexism in the City remains rife. A leading City lawyer is in line for a record £13 million compensation payout. Fawcett’s Solutions? Government: Extend the right to work flexibly to all End the opt-out of the EU Working Time Directive Make pay audits compulsory License lapdance clubs as Sex Encounter Establishments Business: Pay all employees a living wage Don't fund the sex industry Implement and promote flexible working for all at every level Challenge cultures that discriminate against and stereotype women What do you think?
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Gender Stereotyping Some claim that there is a “pink collar” ghetto of low paid occupations revolving around the caring professions. Women are stereotyped as carers and men as “breadwinners”. Those who break these stereotypes, be it men who take caring responsibilities for children or women in traditionally “male” jobs, often encounter social isolation or sexist “banter”. Some claim that there is a “pink collar” ghetto of low paid occupations revolving around the caring professions. Women are stereotyped as carers and men as “breadwinners”. Those who break these stereotypes, be it men who take caring responsibilities for children or women in traditionally “male” jobs often encounter social isolation or sexist banter. Girls. Would you be interested in a career in engineering? Boys. What about primary teaching? What about family responsibilities? Are these equally shared in your house?
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Work of “equal value” It is not just women in professional jobs who face inequalities. Women are overwhelmingly concentrated in low paid jobs. Under the Equalities Act, a claim for equal pay may be made by either a woman or a man claiming equal pay with one or more “comparators” of the other sex. Scottish local authorities have paid out millions to settle claims with female employees who have carried out work of equal value as men, but did not receive equal pay. It is not just women in professional jobs who face inequalities. Women are overwhelmingly concentrated in low paid jobs. Under the Equal Pay Act a claim for equal pay may be made by either a woman or a man claiming equal pay with one or more “comparators” of the other sex. He or she needs to show a difference in pay for doing "like work", "work rated as equivalent" or "work of equal value". “Dinner ladies” and “bin men” are the classic example. Both, arguably, do work of equal value. But bin men, once over time and other bonuses are taken into account, are paid more than dinner ladies. In 1999 most Scottish councils signed equal pay agreements to equalise these pay structures. Some Scottish local authorities have settled claims by women but many have not. There could be a bill of about £500m to settle backdated claims. In the absence of action, “no-win, no-fee” lawyers have stepped in to win many women pay increases and back dated lump sum awards for unequal pay.
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Breaking the glass ceiling: Law
Baroness Kennedy of The Shaws, QC FRSA, She is a barrister, broadcaster and Labour member of the House of Lords. Morag McLaughlin is head of the Procurator Fiscal service for Lothian and Borders. Elish Angiolini is the Lord Advocate, Scotland top law officer. L-R Elish Angiolini is Scotland top law officer, the Lord Advocate. She is the first woman to hold the post. Morag McLaughlin is head of the Procurator Fiscal service for Lothian and Borders. Helena Ann Kennedy, Baroness Kennedy of The Shaws QC FRSA, was born in Glasgow. She is a barrister, broadcaster and Labour member of the House of Lords. She used to chair the Human Genetics Commission, which advises the UK government on ethical, social and legal issues arising from developments in genetic science. The legal profession is becoming increasingly female. According to the Law Society of Scotland, 65% of entrants to law courses are female.
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Breaking the glass ceiling: Business
“It’s easy to let life’s obstacles stand in the way of your success, instead of seeing every experience as something to learn from.” Michelle Mone Co-owner MJM International Michelle Mone is one of the UK's leading female entrepreneurs and is the founder and co-owner of MJM International Ltd, a multi-million pound lingerie company. Michelle Mone: Successful Businesswoman
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Breaking the glass ceiling: The Police
“I’ve been involved in policing since the age of 16 and I have done a variety of jobs in different roles. At no time have I felt I have been subject to any direct or indirect sexism.” Norma Graham, Chief Constable, Fife Constabulary Norma Graham is Scotland’s first female Chief Constable.
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Breaking the glass ceiling: Transport
“I took on this role because I am driven to succeed. I am my own worst critic and have always worked in a male-dominated environment so I don't know any different.” Mary Grant, Former Managing Director, First Scotrail In 2008, Mary Grant, managing director of First ScotRail, won Quality Scotland’s prestigious Leadership Award. Dave Bradley of Quality Scotland highlighted that Mary Grant was responsible for one of the UK’s largest train operating franchises – and that “its transformation under her stewardship has been remarkable.”
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Breaking the glass ceiling: Politics
But Caroline Flint resigned from the UK Cabinet claiming Gordon Brown used female members as “window dressing”. Nicola Sturgeon and Fiona Hyslop are in the Scottish Cabinet. Annabel Goldie leads the Scottish Conservatives. While there has only been one female Prime Minister, women are increasingly occupying top jobs in politics. 1/3 of posts in the Scottish cabinet are held by women, above, Nicola Sturgeon (Health) and Fiona Hyslop (Education) of the Scottish Government. Annabel Goldie is also leader of the Scottish Conservatives. 34% of Members of the Scottish Parliament are women. This though is down from 39% during the Parliament's first session as fewer women were selected for winnable seats and Labour, which has a twinning policy which advantages women , did badly this year. Smaller parties such as the Greens and SSP who had several female MSPs also did badly. At the current rate of change, the Fawcett Society has estimated that it will take Labour around 20 years to get to male/female MPs, the Lib Dems around 40 years and the Conservatives around 400! Caroline Flint accuses the Prime Minister
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A Representative Parliament?
Louise Bagshawe, Conservative, Corby Pamela Nash, Labour, Airdrie and Shotts. Just 21.5% of MPs are female. The number of Labour women has fallen from 94 to below 80 – about 30% of Labour MPs. The number of Conservative women has risen from 18 to about 48 – about 16% of Conservative MPs. The number of Liberal Democrat women has fallen from 9 to 7 – about 13% of Liberal Democrat MPs. The number of SNP MPs stayed the same, 1, 16.7%.
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