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Equality
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Equality today There have been huge developments in equality over the years: The vast majority of us are happy studying, working and making friends with people from other ethnic minorities. Some stereotypes about women, such as ‘a woman’s place is in the home’, have begun to fade and the gender pay gap is closing, although progress is very slow. There have been huge changes in attitudes towards lesbian, gay and bisexual and transgender people. Disabled persons have more rights than ever before.
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Anti-discrimination laws timeline
Slavery Abolition Act 1833: Abolished slavery throughout the British Empire. 1918 Representation of the People Act: Gave women of property over the age of 30 the right to vote – not all women could vote. It took until 1928 for women to have the same voting rights as men. Equal Pay Act 1970: Made it unlawful for there to be less favourable treatment between men and women in terms of pay and conditions of employment.
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Anti-discrimination laws timeline
Race Relations Act 1976: Prevents discrimination because of race in employment, the provision of goods and services, education and public functions. Sex Discrimination Act 1975: Protects men and women from discrimination because of sex or marriage in employment, training, education, provision of goods and services, and the disposal of premises. Disability Discrimination Act 1995: Prevents discrimination against people because of disabilities in employment, the provision of goods and services, education and transport.
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Anti-discrimination laws timeline
The Employment Equality (Sexual Orientation) Regulations 2003: Made it unlawful to discriminate because of sexual orientation in employment. The Employment Equality (Religion or Belief) Regulations 2003: Made it unlawful to discriminate because of religion or belief in employment. The Employment Equality (Age) Regulations 2006: Made it unlawful for employers to discriminate against employees because of age. The Equality Act (Sexual Orientation) Regulations 2007: Made it unlawful to discriminate because of sexual orientation in the provision of goods, facilities, services, education and public functions.
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Equality Act 2010 All the previous legislation was messy
Combined all previous equality legislation into one act It covers the employer during the recruitment process, the employment relationship and the time after that relationship has ended
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Equality Act 2010 The Equality Act aims to make sure that people with certain characteristics are protected from discrimination. What groups of people commonly experience discrimination?
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9 protected characteristics
Age Sex Race Disability Sexual Orientation Religion or Belief Pregnancy and Maternity Gender Reassignment Marriage and Civil Partnership
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Direct discrimination
A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others It is necessary for the complainant to show they have been treated less favourably than others.
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Indirect discrimination
A person (A) discriminates against another (B) if A applies a provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic of B’s
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Indirect discrimination
For the above purposes a provision, criterion or practice is discriminatory in relation to a relevant protected characteristic of B’s if A applies, or would apply, it to persons with whom B does not share the characteristic It puts, or would put, persons with whom B shares the characteristic at a particular disadvantage when compared to persons with whom B does not share it It puts, or would put, B at that disadvantage, and A cannot show it to be a proportionate means of achieving a legitimate aim
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Harassment A person (A) harasses another (B) if-
A engages in unwanted conduct related to a protected characteristic The conduct has the purpose or effect of Violating B’s dignity, or Creating an intimidating, hostile, degrading, humiliating or offensive environment for B
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Harassment A also harasses B if-
A engages in unwanted conduct of a sexual nature, and The conduct has the purpose or effect referred to in sub section (1)(b)
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Harassment A also harasses B if—
A or another person engages in unwanted conduct of a sexual nature or that is related to gender reassignment or sex, the conduct has the purpose or effect referred to in subsection (1)(b), and because of B's rejection of or submission to the conduct, A treats B less favourably than A would treat B if B had not rejected or submitted to the conduct.
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Harassment In deciding whether conduct has the effect referred to in subsection (1)(b), each of the following must be taken into account— the perception of B; the other circumstances of the case; whether it is reasonable for the conduct to have that effect.
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Victimisation Victimisation occurs when a person (A) subjects person (B) to a detriment because B has done a protected act, or A believes that B has done or may do a protected act
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Victimisation Each of the following is a protected act—
bringing proceedings under this Act; giving evidence or information in connection with proceedings under this Act; doing any other thing for the purposes of or in connection with this Act; making an allegation (whether or not express) that A or another person has contravened this Act.
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Equality It’s important we don’t treat people differently just because of ‘who they are’. Everyone should have an equal chance to make the most of their lives and talents. It is important that we all promote equality and stand up for people that are being treated unfairly. Remember to be proud of who you are, and respect that everyone is different.
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