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Dr Wanda Wyporska The Equality Trust
Racism: recognising and responding Dr Wanda Wyporska The Equality Trust
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What equality is not Political correctness gone mad
Treating all people the same Ghettoisation Separatism
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EQUALITY OF OPPORTUNITY
What is equality? ”The state of being equal, especially in status, rights, or opportunities” OED Synonyms: fairness, justness, equitability, impartiality, even-handedness, egalitarianism, equal rights, equal opportunities, non- discrimination; justice, freedom, emancipation EQUALITY OF OPPORTUNITY
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What is racism? From hate crime to ‘banter’ Discrimination Exclusion
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Scared of equality? Language Challenges our preconceptions
Prejudices in certain areas, not others i.e. gay adoption Complex area - Social model of disability Prohibited conduct – discrimination, harassment, indirect discrimination, discrimination arising from disability, associative discrimination, perceived discrimination.
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EHRC – cuts - EASS replaced helpline
Changing landscape EHRC – cuts - EASS replaced helpline Local resources – CAB, refuges, Race Equality Councils, EHRC offices Social security cap / PIP etc Food banks Cuts to NHS, Local Authority support, facilities time Brexit
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Implicit in the workplace/labour market?
Job applications and pay Promotions, training and development Opportunities (middle tier) Structure of the organisation (trustees, advisors, patrons etc) Media and marketing Leave, holiday, breaks, shifts Power dynamics
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Equality Act 2010 Race Relations Acts Equal Pay Acts
Disability Discrimination Acts (DDA) MacPherson Report Pan equalities in line with Equality and Human Rights Commission
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Equality Act 2010 Protected characteristics Age Disability
Ethnicity and race Sex Gender reassignment Religion and belief Sexual identity and orientation Marriage and civil partnership Pregnancy and maternity
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Public Sector Equality Duty s. 149 (PSED)
(1) A public authority must, in the exercise of its functions, have due regard to the need to: (a) eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act; (b) advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; (c) foster good relations between persons who share a relevant protected characteristic and persons who do not share it.
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Equality Act 2010 - Discrimination
Less favourable treatment on the basis of a protected characteristic Direct discrimination? (Howe v JD Wetherspoon) Indirect discrimination? (R (Winder and ors) v Sandwell Borough Council :DVA 2 years) Provision, Criterion or Practice (PCP) Associative discrimination? (Coleman v Attridge Law & Steve Law) Perception
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Harassment 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.
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Victimisation Action by an employer, against an employee, in retaliation for involvement in bringing or supporting a complaint of discrimination. Examples include refusal to promote an employee because he or she has previously invoked a grievance procedure, or given evidence against the employer at a tribunal. Victimisation can also take place after employment has finished – for example, where an employer refuses to follow its normal post-employment procedure and fails to give a reference to a former employee because he or she had brought a tribunal claim for discrimination against it.
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Responding Power dynamics Building a case – take notes
Collective experiences Ask for help and support Assess the risks Challenge immediately Witnesses
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Tools Equality Impact Assessment Policy Practice Prediction
Organisation audit Ethnic pay gap - disclosure Positive discrimination Trade Union support
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Trade Unions and Equalities
Organising and recruitment tool Empowering members to represent Engaging members on issues they really care about Greater awareness by all Grow Equality Reps Self-organised groups Branch structures / support Your friend at work Advice and guidance
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Equality Act 2010 – PSED “It is incumbent on every institution to examine their policies and the outcome of their policies and practices to guard against disadvantaging any section of our communities.” Lord Macpherson, Stephen Lawrence Inquiry, 1999
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