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Will it make a difference?
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Main features of the Act 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. There will also be a new “socio-economic” duty, designed to tackle social class inequalities. Government organisations will have to take into account the implications of their actions for people who suffer from social and economic disadvantage. The Equality Act 2010 incorporates all previous Equalities legislation. Rights and Responsibilities have either:
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Why a new Equality Act? The Equality Act became law in April 2010. Most of its clauses will come into effect in the Autumn of 2010. The Equality Act 2010 will bring all existing equalities legislation on gender and race (as well as age, disability, sexual orientation and religion) up to date and under one new law. Supporting the Equality Act 2010 will be the new Equalities and Human Rights Commission (EHRC) which replaced the old Equal Opportunities Commission (EOC) and the Commission for Racial Equality (CRE) in 2008.
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Unequal Britain: Gender Gender inequalities remain. The 2008 Sex and Power index showed that progress towards gender equality has slowed down. While women are doing better in education, health and the legal profession, the Glass Ceiling remains very strong in some areas. Sex and Power 2008 interview with Harriet Harman
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Unequal Britain: Race A 2010 survey by the charity Business in the Community, “Aspiration and Frustration”, found that despite years of Government legislation, equality of opportunity remained a long way off. It concluded that : Some of the best-paid professions such as banking, law, politics and the media were not seen as a realistic option for BMEs. Those with an historic reputation for racism, such as the police and armed forces, are still seen as unwelcoming to minorities. The ‘caring’ professions, education and medicine, which have a positive history of BAME recruitment are seen as good options but are seen as less well-paid and offering less career progression, particularly education. The 2009 Race for Opportunity Report showed that BME workers make up 10.3% of the population but only 8.5% of the workforce and just 6.3% of those in management positions. EHRC Race in Britain
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Unequal Britain: Social Class “It is the unholy alliance between home ownership and education policies that has done most to reduce the diversity of young people’s networks. The less well-off are ghettoised in enclaves of deprivation, with schools to which their near neighbours in more affluent catchments would not dream of sending their children”. Anna Minton, author of “Ground Control”. Former cabinet Minister Alan Milburn’s 2009 research shows that we still have a “closed shop” society, where those from more affluent backgrounds go on to the best jobs. Fair Access?
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Gender Transparency The new Equalities Act will require all public sector employers and larger companies to publish pay audits revealing the differences between male and female staff. Pay secrecy clauses which prevent employees revealing their salaries will be illegal. Breaking the Glass Ceiling
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Positive Action on race or gender Employers will be able to take “positive action” to recruit groups who are under-represented in their workforce,where they have a choice between two candidates who are equally suitable. The Equality and Human Rights Commission will publish guidance on the range of actions employers will be able to take.
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Tackle Social Class Inequalities There will be a new duty on Government departments, local authorities and NHS bodies to consider what action they can take to reduce so called ‘socio-economic' inequalities i.e. your family background or where you were born. Education authorities would have a duty to encourage pupils from poorer backgrounds to apply to successful schools in their area. Health authorities would be able to allocate funds towards those with worst health records. Development agencies would encourage more successful bids for grants from those living in deprived areas.
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A box-ticker’s charter? There will be costs of training personnel departments and the bureaucracy of implementing equalities audits. The private sector expects to spend £211m in the first year to comply. Does this represent the best use of scarce resources at a time of scarce resources? “This is money that firms can ill afford at present” Alistair Tebbit, Institute of Directors.
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For some, the Act doesn’t go far enough Wealth inequalities increased under New Labour. Is it possible to eradicate class inequalities by focusing on equal treatment? Does there not have to be more fundamental equality of opportunities in health, education and housing to enable the poorer to compete in the first place? Is meeting targets to reduce poverty not a more urgent priority?
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But, for other, it does Harriet Harman, the Labour Minister who was behind much of the legislation has been accused of “class war”. There have been further attacks of “political correctness gone mad” It is claimed that these proposals are simply discrimination against white, able bodied, straight men Two wrongs don’t make a right? It remains to be seen whether the Coalition Government will amend any aspects of the Equality Act 2010. “The Bill is all about the politically correct extremism of the Leader of the House and her trendy, left-wing prejudices.” Philip Davies MP
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