Presentation to members of the Liverpool City Council's Culture and Tourism Select Committee on Equality and Diversity in the UK, focusing on the city of Liverpool
2. Members Check
Can everyone see the screen clearly?
Can everyone hear me?
If there is anything else that you would
like me to do to help your participation
in this presentation then let me know
3. Who am I
Early years in Jamaica
Hungary
UK
Career
4. Global Diversity Partners
Diversity Consulting
Diversity Events
Diversity Marketing
Diversity Recruitment
Diversity Training
www.diversitypartners.co.uk
8. Diversity:
valuing everyone as an individual –
valuing people as employees,
customers and clients -The uniqueness
of all individuals; includes everyone.
9. Valuing Diversity
Everyone is a unique person
Differences include visible and
non-visible factors
Some personal characteristics are
covered by discrimination law
race, disability, gender, religion and belief, sexual
orientation, age, transgender
10. Elements of Diversity
Income
Race
Education
Gender
Religion
Marital Status
Disability
Geographic Location
Sexual Orientation Parental Status
Age Personality Type
Trans-gender Physical
Characteristics
11. How the concept has
developed
1970’s legislation covering equal pay, sex
and racial discrimination
1990’s Disability Laws
More recently age, sexual orientation and
religion to satisfy European law
Equality and Human Rights Commission
(2007)
12. The Legislation
Race - The Race Relations Act 1976 as amended by the Race Relations
(Amendment) Act 2000 and the Race Relations Act 1976 (Amendment)
Regulations 2003.
Gender - Sex Discrimination Act 1975 (SDA) as amended by the Sex
Discrimination Act (Amendment) Regulations 2003.
Disability - The Disability Discrimination Act (DDA) 1995 as amended by
the Disability Discrimination Act 2005
Sexual Orientation - The Employment Equality (Sexual Orientation)
Regulations 2003, which came into force on 1 December 2003. Civil
Partnership Act 20
Age - The Employment Equality (Age) Regulations 2006 came into force
in October 2006
Religion and beliefs - The Employment Equality (Religion or Belief)
Regulations 2003, which came into force on 2 December 2003.
Transgender - Gender Recognition Act 2004
13. The Equality Act 2010
Received Royal Assent in April 2010
Strengthen the law by:
Banning age discrimination
Allowing for multiple discrimination
Increasing transparency and reporting
Extending the scope for positive action
Extending the period during which women-only
shortlists are allowed
Strengthening enforcement, for example, by allowing
tribunals to make wider recommendations in
discrimination cases
14. The Equality Act 2010
Streamline the law by:
Distilling nine pieces of legislation into a single
Act
Creating a single new Equality Duty on public
bodies
Simplifying the definition of disability
discrimination? Has it done so?
15. The Equality Act 2010
Protected Characteristics :
Age, Disability, Gender reassignment,
Marriage and Civil partnership, Pregnancy
and Maternity, Race, Religion and belief,
Sex, Sexual Orientation
16. Protected Characteristics (s.4
and 9)
Race means Colour, Nationality, Ethnic
or National Origin (s.9)
Nationality - can be acquired by birth or
by other means. Akin to citizenship.
National Origin - means more than
nationality.
Ethnic origin - Mandla v Dowell Lee - a
long shared history and a cultural
tradition of its own.
17. Direct Discrimination s.13
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.
Associative & Perception Discrimination
Weathersfield v Sergeant [1999]
Serco v Redfern [2006]
18. Indirect Discrimination s.19
A person (A) discriminates against another (B)
if (A) applies to (B), without justification a
“provision, criterion or practice” PCP which is
discriminatory in relation to a relevant
protected characteristic of (B)
B must show that it does or would put persons
with whom (B) shares the characteristic at a
particular disadvantage when compared with
persons who do not share it and it puts or
would put B at a disadvantage.
19. Third Party Harassment
The Act makes a employer liable in the case of
harassment of its employees by third parties,
such as maintenance contractors over whom
the employer does not have a direct control,
unless the employer has taken reasonable
steps to prevent the third party doing so
This only applies if the employer knows that
the employee has been harassed on at least
two previous occasions. It does not have to be
the same person on each occasion.
20. Public Duty
A Public Authority must have due regard to the need to:
a) eliminate discrimination, harassment,
victimisation and any other conduct that is
prohibited under the Act
b) advance equality of opportunity between
persons who share a relevant protected
characteristic and person who do not share it
c) foster good relations between persons who
share a relevant protected characteristic and
person who do not share it.
21. Relevant Liverpool issues
The Queen on the application of Alma Lunt &
Allied Vehicles Ltd v Liverpool City Council
(July 2009) CO/6158/2008.
First successful challenge to the public functions
provisions of the DDA, Equality and Human Rights
Commission intervened and supported the successful
applicant in this case concerning Liverpool City
Council’s decision not to license taxis that were more
suitable and provided greater choice of transport for
wheelchair users
22. Relevant Liverpool issues
Need continued access to culture in Liverpool
– by different cultures, races, and people with
various impairments.
Ruth Gould: “One of the issues I come across
is loops not being maintained – in the Epstein
Theatre the newly refurbished theatre, funded
by City, is not using the resources for
access. I have requested loop for two recent
events to no avail - at the last one I was told
no one in the new team knows how to switch
it on!”
23. Relevant Liverpool issues
Ruth continues “Equalities is about
putting action in place and we need to
see how the cultural organisations
provide, monitor and include disabled
people, particularly in these austere
times.”
City involvement in BME cultural
organisations.
24. Difference between Diversity and
Equal Opportunities
Based on Rationale:
Equal Opportunities reflects a moral
concern for social justice.
Negative? ie failure to comply carry
penalties
Diversity = Positive, Relationship,
recognizing and valuing differences
25. Principles of
Multi-culturalism
Every culture has the right to exist and there is
no over-arching thread that holds them together
People have their own cultural beliefs and they happily
coexist – but there is a common thread of Britishness (or
whatever you wish to call it) that holds society together
Born in Jamaica, went to Kingston College High School and then left Jamaica in 1987 on a scholarship to study Chemical Engineering in Hungary. It was from a special relationship that was fostered by the then Prime Minister, Michael Manley who had created exchange university programmes with various so called Easter Bloc countries. I would young and up for a challenge, added to that I was a member of young Peoples National Party, and had some insight on the programmes. Suffice to say I went to Hungary in 1987, studied the language in the first year, did two degrees in Chemical Engineering (BSc) and Chemical Control Engineering (MSc) which I completed in 1993. I came straight to the Liverpool after and did a MBA at the University of Liverpool. The rest, as they say, is history as I remained in the UK and developed my career here. This includes, a few years in urban regeneration, particularly as it impacts on the built environments. This was working very closely with Shokoya Eleshin Construction (then the only Black Construction company in Liverpool) working on various projects with Riverside and Cosmopolitan HA’s. I also did some time as SME business consultant working on ESF projects with Business Link and NWDA. I then set up Fortis Marketing Ltd in 2003, founded Diverse Magazine in 2005, and then Global Diversity Partners in 2011. Equality and Diversity is everything to me and the majority of my career has been involved in this space – promoting social inclusion in society, business and any other ways possible.
GDP is a diversity management consulting company that promotes the social and business benefits of diversity and inclusion. We work with organisations to ensure that they develop the best workforce diversity strategies that will allow them to be successful in the marketplace. This involves Consulting (for example organisation strategy, surveys, culture analysis, benchmarking and auditing.; Event Management (for example BHM, NBPA, One World Festival); Marketing (ensuring organisations can attract multicultural audiences); Recruitment and Training
Diverse Magazine has been going strong since 2005, when it partnered with Liverpool Black History Month Group (as it was then) to produce the first edition that covered BHM events (plus more) in 2005. We have produced Special editions on Race, Gender, Disability, Age as well as Bicentenary of the Abolition of Slavery Act 2007 which included many articles on the new ISM, Capital of Culture, Year of the Environment. The magazine is predominantly online now with a subscription list of approximately 15,000 receiving regular newsletters o diversity issues.
Equality 101. People often think equality works like the picture on the left. Actually it's the one on the right. Some may say it depends on your view, some prefer equality of resources over equality of welfare But I say It's equality of outcomes rather than equality of treatment ... the former being the only kind that matters in practice
- Primary elements-- things we cannot control - Secondary elements -- things we have some control EVERYONE IS INCLUDED IN THESE ELEMENTS/DEFINITION
Simplifying the definition of disability discrimination You’re disabled under the Act if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities. What ‘substantial’ and ‘long-term’ mean ‘ substantial’ is more than minor or trivial - eg it takes much longer than it usually would to complete a daily task like getting dressed ‘ long-term’ means 12 months or more - eg a breathing condition that develops as a result of a lung infection There are special rules about recurring or fluctuating conditions, for example, arthritis.
We also need to pay more attention to Equality Impact Assessment/Analysis What are we looking for? Direct discrimination, Indirect discrimination, inequalities (that doesn’t come under direct or indirect), disproportionate access, disproportionate experience, disproportionate outcomes. Nevermind what David Cameron said, we must demonstrate that we pay due regard, so 1. Who will be discriminated against 2. who within the protected characteristics will be discriminated against 3. Are we still justified in doing the act?