Ed level 2 work book

Equality and Diversity
EDI Level 2 Qualification
Workbook

Bridgwater College Equality and Diversity Workbook

Bridgwater College is fully committed to promoting, maintaining and supporting
equality and diversity as a key to our focus on staff and student experience in the
College environment. The College aims to create an environment where all
individuals have the opportunity to achieve their full potential, and gain a feeling of
self-esteem and respect for and from all others. The College acknowledges that
Equality and Diversity is fundamental to excellent customer care and is opposed to
all forms of inequality and discrimination. Everyone should expect to be treated
equally according to need, with dignity and respect and without being subjected to
discrimination or harassment.

Bridgwater College works positively and progressively to ensure that no policy,
practice, procedure or action puts any group of people at an unfair advantage or
supports discrimination.

Bridgwater College will not tolerate any acts of unlawful discrimination by any users
of the College and will take appropriate action, as laid down in its policies and
procedures, if it is made aware that an unlawful act, or possible unlawful act, has
been committed.

Promoting equality of opportunity is important at Bridgwater College and integrated
into all activities undertaken within the College, from Strategic and Operational
Planning, development, delivery and assessment of curriculum, and recruitment and
employment of staff. We also ensure equality of opportunity is an integral part of
new ventures, such as design and build of new facilities and engagement of
contractors.

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WHAT IS EQUALITY AND DIVERSITY?

 Equality means: treating people with fairness and ensuring everyone has equal
opportunity to apply for jobs, training or access to goods and services.

 Diversity means: welcoming, embracing and encouraging the differences between
individuals and groups.

 It simply means: a strong commitment to ideals such as justice, fairness, inclusion,
respect, dignity and difference.

 It means: that everyone has certain legal rights regardless of their:
o Race, Ethnic or National origin
o Ability / Disability
o Sex or Gender
o Sexuality, (Sexual orientation)
o Age
o Religion, culture or belief

 It means: treating people on the same basis whether they are:
o Married or not
o Disabled or not
o Male or female
o Heterosexual, Homosexual, Bi-sexual or Transsexual
o Younger or older

 It means: ensuring everyone has equal chance during recruitment and promotions in
the workplace. Doing everything possible and reasonable to reduce any obstacle or
barrier that may discourage or disadvantage particular groups of people from access
to goods, public services, transport or educational opportunities.

 It means: doing everything possible and reasonable to reduce any obstacle or barrier
that may discourage or disadvantage particular groups of people from access to jobs,
training, accessing services and or promotion at work.

 It means: creating environments that encourage everyone to feel that they can apply
for jobs/promotions or access to goods and services, without feeling they will be the
odd one out, or have to work harder to achieve everyday things in life.

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EQUALITY AND DIVERSITY POLICY

Bridgwater College‟s Equality and Diversity Policy will be invaluable to your learning and
understanding of the issues raised.

See Appendix A. Bridgwater College Equality and Diversity Policy.

Every business or organisation should:

 Treat people fairly, giving everyone with the appropriate skills the same chance to
compete for jobs and promotion or training opportunities. At Bridgwater College, all
recruitment opportunities and all training opportunities are open to all employees
 Similarly training should be available to enable people to gain the skills required to
complete their jobs effectively and to enable continuous personal and professional
development. At Bridgwater College, all training opportunities are open to all
employees
 Make it easier for people to apply for jobs and promotion. At Bridgwater College, all
employees are encouraged to apply for promotion
 Everyone with the appropriate skills and qualifications for a position should feel
encouraged to apply and that they stand a fair chance at interview. At Bridgwater
College, all employees are treated with fairness at interview
 Encourage a diversity of the population to apply for jobs, and then select the
appropriately skilled and qualified person from the pool of applicants. At Bridgwater
College all internal post are advertised to all employees. All other posts are advertised
to all staff, to local and national papers
 Having a clear „equal opportunities or equality and diversity policy‟ allows potential
employees to know in advance what commitment is made by the business or
organisation to become an inclusive equal opportunities employer and some policies
detail how this will be achieved within the company. At Bridgwater College we have
an Equality and Diversity Policy, which is up dated annually or as required

In other words, a sound equality and diversity policy can be a good advert for a company
and demonstrate the company‟s inclusive and diversity philosophies to employees, potential
employees and customers.

 Having and implementing an equality and diversity policy can mean attracting a
wider group of potential applicants for positions and as such, stand a better chance
of attracting the right person for the job. At Bridgwater College we work positively
and progressively to meet our Equality and Diversity Policy
 A good equality and diversity policy can help an organisation ensure that they
employ a balance of both sexes, a wide range of people from diverse cultures,
religions and other social groups. This can have direct benefits to clients and
customers of the business and benefit the organisation in tackling business
problems. At Bridgwater College we have a wide range of diversity within our
organisation

A good equality and diversity policy will detail a commitment to equality, list relevant
equalities legislation, the organisation‟s aims and goals and how these will be implemented
and measured. See Appendix A. Bridgwater College Equality and Diversity Policy.

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It highlights the responsibilities of individuals within the organisation and how to report
discriminatory incidents and bring grievances or complaints to management. See Appendix
A. Bridgwater College Equality and Diversity Policy

Operating a sound equal opportunities or equality and diversity policy makes
good sense to businesses for economic, social inclusion and moral reasons as
well as ensuring compliance with the law.

DISCRIMINATION AND THE LAW

 Every year many cases are still reported of companies and individuals appearing
before an industrial tribunal for not complying with the requirements of equalities
legislation, (the law). Some are fined large sums of money and in some instances
there are other penalties to pay for discrimination and non-compliance
 A tribunal panel listens to and considers the evidence presented by both sides. A
decision is made as to whether or not discrimination has occurred or not. When the
panel rules that discrimination has occurred, it will decide the penalties to impose and
any action that should be taken
 A key aspect of equal opportunities awareness is in part, about preventing
discrimination in the first place
 Discrimination is often described as the „less favourable treatment’ of people from
minority or marginalised groups in society such as, black and racial communities, gay
men, lesbians and transsexuals, people with disabilities, religious groups or women to
name a few

There are several different types of discrimination. In the sections that follow we will look
at discrimination and how all equalities legislation make reference to the main types of
discrimination:

Direct discrimination

This means directly treating a person or group of people „less favourably‟ than others who
are in the same or similar circumstances, because of their race, gender, age or some other
characteristic. See Appendix A. Bridgwater College Equality and Diversity Policy.

Indirect discrimination

This happens when a set of conditions or requirement is applied equally to all people, but
which has the effect of being „less favourable treatment‟ of certain individuals or groups,
because they in the following pages. See Appendix A. Bridgwater College Equality and
Diversity Policy.

Individual discrimination

This happens when an individual acts on a pre-judged (prejudiced) belief against and
individual or group of people and the result of this action is „less favourable treatment
(discrimination). An example might be, a college not accepting a Somali woman onto a
literacy course because the judgment was that English is not her first language. At
Bridgwater College we ensure we make decision based on assessment of need and not on
prejudice.

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Institutional discrimination

This occurs when the way in which an organisation‟s policies and practices lead to the „less
favourable treatment‟ of an individual or group. For example if a college did not provide
learning support and reasonable adjustments for students with learning difficulties and or
disabilities, this would favour students who do not have a learning difficulty or disability.

Bridgwater College Equality & Diversity policy is Equality Impact Assessed. See Appendix
A. Bridgwater College Equality and Diversity Policy.

The Laws covering Equality and Diversity are:

Disability and the Equality Act 2010 From 1 October 2010, the Equality Act brings
together nine separate pieces of legislation into one single Act simplifying the law and
strengthening it in important ways to help tackle discrimination and inequality.

However for the Equality and Diversity EDI Level 2 exam you will need to be
aware of the following acts: -

 Civil Partnership Act 2004
 Disability Discrimination Act 1995
 Disability Discrimination Act 1995 (Amendment) Regulations 2003
 Data Protection Act 1998
 Disability (Meaning of Disability) Regulations 1996
 Disability (Blind & Partially Sighted Persons) Regulations 2003
 Employment Equality (Religion or Belief) Regulations 2003
 Employment Equality (Sexual Orientation) Regulations 2003
 Employment Rights Act 1996
 Employment Relations Act 1999 & 2004
 Equal Pay Act 1970
 Equal Pay Act 1970 (Amendment) regulations 2003
 Equality Act 2006
 Human Rights Act 1998
 Maternity & Parental Leave etc regulations 1999
 Part Time Workers Regulations 2000
 Public Interest Disclosure Act 1998
 Protection from Harassment Act 1997
 Race Relations Act 1976
 Race Relations (Amendment) Act 2000
 Rehabilitation of Offenders Act 1974
 Sex Discrimination act 1975
 Sex Discrimination (Gender Reassignment) Regulations 1999
 Sex Discrimination (Indirect Discrimination & Burden of Proof) Regulation 2001
 Sex Discrimination act 1975 (Amendment) Regulations 2003
 Special Educational Needs & Disability Act (SENDA) 2001

This list is the key legislation governing equality and diversity and not intended to be
exhaustive or comprehensive.

As a way of becoming familiar with how equality legislation works, we will concentrate on
the Race Relations Act, The Sex Discrimination Act and The Disability Discrimination Act.

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N.B. Please remember that most equality and diversity laws refer to direct and indirect
discrimination.

Race Relations Act 1976
The 1976 Race Relations Act clearly stipulates that it is unlawful to discriminate against
someone on the grounds of race, skin colour, nationality and national or ethnic origin. The
Act covers and defines two types of racial discrimination - direct and indirect discrimination.

Direct Racial Discrimination
This means directly treating a person or group of people „less favourably‟ than others who
are in the same or similar circumstances, because of their race, or as it is sometimes
referred to „on racial grounds‟.

Indirect Racial Discrimination
This means the indirect and sometimes unintentional „less favourable‟ treatment of a
person or group of people, on racial grounds. Perhaps like, when a set of conditions are
applied to everybody, but are more difficult for certain racial groups to achieve or find
acceptable.

3.2 Direct Racial Discrimination
You may think that examples of direct racial discrimination are few and far between these
days; however there is sufficient evidence to suggest that some organisations still
intentionally discriminate against people from black and minority racial groups.

 An organisation is owned by people of a particular race and therefore only employs
people from that same race
 An employer or placement owner/manager who says: “There is no point in sending
anyone who is black or Asian to us; it‟s not me you understand, but the people on the
shop floor are racist and there is always trouble”, or that “the customers don‟t like it”.
 An employer or placement owner/manager, stating that they don‟t want any
hairdressing trainees who are of Afro-Caribbean origin, because the salon does not
have any Afro-Caribbean clients
 A recruitment agency fails to send people of Black or other racial minority origin to a
particular company for interview, knowing that company has discriminated on the
grounds of race before. The recruitment consultant may try to justify this practice by
stating that they are trying to save the applicants feelings or stop them being too
disappointed
 A company allows white staff to progress to better job opportunities and promotions
than it does its‟ black staff; in other words treating the people of Black and racial
minority origin “less favourably”, this might be racial segregation, if certain jobs are
only performed or given to people from certain races

Of course it is important to note that all of the examples above are illegal and
that not all cases of racial discrimination are so easy to identify.

To clarify whether a company, policy or treatment of an individual is direct racial
discrimination, we can ask ourselves:
 Was the treatment “less favourable” than that which was given to another individual
of a different race?
 Was the treatment „different‟ from the treatment that would have been given to an
individual of another race?

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And if so,
 Was the treatment “less favourable” on racial grounds?

Indirect Racial Discrimination
This can be defined as follows:

Placing or enforcing certain conditions or requirements
around a promotion, opportunity, job vacancy or commercial
public service, which although applied equally to people of all racial groups and
communities is such that:

 By comparison, the proportion of a particular racial group, which can meet the
requirements or conditions, is smaller. Thus, the effect on one racial group is “less
favourable” even though applied equally to everyone
 A person or group of people from a racial minority who cannot meet those particular
conditions or requirements are disadvantaged. e.g. that person is held back from
gaining employment or training
 The conditions or requirements discriminate in terms of race only. In other words;
they are wholly based on race and cannot be justified on any other grounds

An example of indirect discrimination in the workplace would be, if an employer stipulated
within their dress or uniform code that men had to be clean-shaven and that women must
wear skirts.

Consider…………
 Muslim women, culturally are obliged to keep their legs covered
and
 Sikh men in accordance with their religious beliefs do not shave their beards
 How could the people in the examples above comply with the conditions and
requirements of the dress/uniform code and still have respect for maintaining the
principles of their culture or religion?

You can find and research examples of direct and indirect racial discrimination from
resources found in libraries and on the Internet; try the following web sites:

Equality and human rights commission: http://www.equalityhumanrights.com
(The new commission is working to eliminate discrimination, reduce inequality, and protect
human rights and to build good relations, ensuring that everyone has a fair chance to
participate in society.)

The Home Office: http://www.homeoffice.gov.uk

Defining Racist Incidents

The importance of ensuring that all racist incidents are reported and recorded is an
accepted principle in combating racial discrimination. The Macpherson Report1 recommends
that: a new definition of a racist incident should be universally adopted by the police, local
government and other relevant agencies:

1The Macpherson Report excerpts included here are taken from The Stationery Office website:
http://www.official-documents.gov.uk

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A racist incident is any incident, which is perceived to be racist by the victim, or
any other person.

The report explains that:
This means that if anyone – the victim, a witness, a police officer or a council official –
perceives an incident as racist, it should be recorded as such, regardless of any dissenting
views. The new definition has the merit of being simple and clear and should help to
reduce the scope for failure to record racist incidents and to ensure that most incidents are
properly investigated.

3.5 Victimisation

It is often the case that people are afraid or reluctant to make a racial discrimination
complaint, in case the employer makes conditions very difficult for the individual or makes
unreasonable or unfair demands upon them. This kind of conduct by the employer in these
circumstances is called victimisation and is against the law.

If an employee has made a complaint about the company to the Equality and Human
Rights Commission, the employer may attempt to make work difficult, discipline or dismiss
the individual for doing so. The Race Relations Act (as do many of the equality and
diversity laws) defines this kind of action against employees as victimisation; itself a form
of unfair discrimination and unlawful.

The above is also the case for any employee or individual who is witness to or provides
information for a complaint against an organisation.

3.6 Exceptions

Racial discrimination (NOT VICTIMISATION) by an employer is not unlawful if:
 The job offered to existing or potential employees is within a private household.
 When being of a particular race is a genuine occupational qualification, for a
job.

Race Relations (Amendment) Act 2000
This Act strengthens and extends the scope of the 1976 Race Relations Act - it does not
replace it. The new Act strengthens the 1976 Act in two major ways:

1. it extends protection against racial discrimination by public authorities;
2. it places a new, enforceable positive duty on public authorities.

Frequently Asked Questions

What should I do if I feel I am being racially harassed or discriminated against?

 Tell the person that you believe their behaviour is racist or discriminatory and that
you want it to stop. You may want a friend or colleague with you, when you do this.
It may well stop after you say something. Make sure that your complaint is
formalised, recorded and investigated properly. See Appendix A. Bridgwater College
Equality and Diversity Policy.

What if I‟m too embarrassed or scared to say anything to them?

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 You must let it all out. Talk to someone about what happened; get help and let the
offender know that you are unhappy and offended. You can even get someone else
to talk to them for you. Usually once a complaint is made and the person knows their
behaviour is racist and illegal, it will stop.

What if it doesn‟t?

 Tell your line manager or supervisor, or someone who is in a position of responsibility
or authority. If it is your boss who‟s racially harassing or discriminating against you,
then speak to another manager or someone more senior. If none of these options are
available to you make sure you tell your training provider, the Equality and Human
Rights Commission or the police. See Appendix A. Bridgwater College Equality and
Diversity Policy.

You may need to involve the police, depending on the circumstances.

SEX DISCRIMINATION ACT 1975

The 1975 Act, on sex discrimination makes it unlawful to discriminate about sex and
marriage within employment. People who feel they have been discriminated at work can
make a complaint to an industrial tribunal.

The Act covers and defines sex and marriage discrimination in terms of direct and indirect
sex discrimination. This Act also sets out to outlaw the victimisation of any person who
either brings a complaint under the law or provides supporting evidence for someone else
who may bring a complaint.

Direct Sex Discrimination
This occurs when someone is treated “less favourably” (or would be treated less
favourably) than someone of the opposite sex and the discrimination is because of their
sex.

Direct Marriage Discrimination

This applies in the field of employment and is when a married person, regardless of their
sex, is treated “less favourably”, because of their marital status, than a person of the same
sex who is not married.

 An employer or placement/manager asks a training provider to supply only male or
only female trainees
 An employer who will only interview female applicants for a job, because the clients
of that business may expect to see a woman in post, for example a Receptionist, or
Kitchen or cleaning staff
 An employer or training provider trying to discourage young women from entering
into traditionally male dominated industries like motor mechanics or engineering.
 An employer or training provider trying to discourage young men from entering into
traditionally female dominated industries like Hairdressing, childcare and beauty
therapy
 An employer refusing to employ married staff because the work involves long
distance travel and staying away from home on a regular basis.
 An organisation that go out of their way to select single people, believing they will be
more committed to their work and career

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Indirect Sex / Marriage Discrimination

This can be defined as follows:

Placing or enforcing certain conditions or requirements on an individual applying for
employment or training (or performing a job or training), which although applied equally to
people, male or female, married or single, is such that:

 By comparison, the proportion of a particular sex or people of particular marital
status, which can meet the requirements or conditions, are considerably smaller.
 Thus, the effect is “less favourable treatment” even though applied equally
 It clearly disadvantages the individual. i.e. the conditions or requirements prevent the
person from getting the job or entering into the training or promotion. The conditions
or requirements cannot be justified

An example of indirect sex discrimination in the workplace would be as follows:

 If an employer stipulated that a delivery job required heavy items to be lifted onto
the transport and therefore women would not be considered for the job as they
would not be strong enough.
 A test is set up for all applicants, male and female anyone who can lift 100kg will be
considered suitable for the job:

Consider…………

 Fewer women than men would be able to lift the weight
 It would disadvantage women because it will stop them getting the job
 Using the test would not really be justifiable because good health and safe (safe
lifting) at work would mean that two or three people would lift delivery items onto
the delivery van or use the hydraulic lift on the van to do this

You can find and research examples of direct and indirect sex discrimination from resources
found in libraries and on the Internet; try the following web site:

Equality and Human Rights Commission: http://www.equalityhumanrights.com

Victimisation

This Act covers victimisation in much the same way as the Race Relations Act.

Exceptions

Sex discrimination (NOT VICTIMISATION) by an employer is not unlawful if:
When being of a particular sex is a genuine occupational qualification, for a job.

 Within the acting or modelling profession where either a man or woman is needed
because of physical form so as to be authentic or where a character role is that of a
man or woman
 Where either a man or woman is required to ensure and preserve decency or privacy
such as in toilets or changing/dressing rooms

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 A job requires the employee to live and work in the same private home as the
employer who might reasonably object to a person of the opposite sex and the close
proximity of personal and social life
 A job requires specialist care and or attention in a single sex establishment; such as a
nursing home or a youth hostel.
 Employers who use these exceptions must be able to prove the stipulation of the
Genuine Occupational Qualification being male or female applies to the job in
question, to the Equality and Human Rights Commission. And these exceptions
cannot be applied simply because it is thought that (physical strength or stamina) is a
requirement of the job

Advertising

Unfortunately people do still tend to stereotype jobs as men‟s or women‟s jobs. Other than
the exceptions discussed above in 4.5, It is against the law to publish a discriminatory
advertisement; in other words to specifically advertise for a man or a woman to fill a
vacancy.

An advert, which speaks of a foreman or hostess, is discriminatory unless it specifies that
it is open to both men and women.

Bridgwater College recruit our staff from a variety of labour markets including local,
regional, national and international communities. We have a range of methods for doing
this including advertising in newspapers, noticeboards, specific journals, the internet and
Jobcentre plus.

We undertake equality monitoring on the protected characteristics to allow us to
understand who our candidates are and which candidates progress to interview and job
offer and to enable us to identify if there are any areas of concern within our recruitment
processes which prevent or discourage candidates from any particular protected
characteristic from applying or progressing through our recruitment process.

We hold the Positive About Disabled People standard and have identified a disability officer
as a first point of call for staff with disabilities. We liaise with the Access to Work Scheme,
run by the Job Centre Plus service to identify, fund and seek specialist equipment for staff
to ensure they can gain a job irrespective of if they have a disability or develop a disability
during their working life with us.

The College has a separate Rehabilitation of Offenders‟ Policy to support ex-offenders to
fulfil an active part in society and move on with their lives after previous difficult times. We
talk to our existing staff or new staff about any convictions, cautions, reprimands or
warnings they have ever received as part of recruitment and induction processes.

Bridgwater College welcomes student applications from all areas of the local, regional,
national and international community. The Information, Advice and Guidance process
enables students to select a course, suited to their level of ability and future aspirations,
taking into account the relevant government funding stream, where appropriate.

Many students join us from the local secondary schools, while others have a particular
interest in following a discrete area of provision and travel many miles to study with us
(e.g. Land-based Studies).

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We undertake equality monitoring and analysis on the protected characteristics that we
collect from our students to allow us to understand who our students are and how they
have progressed throughout their studies.

We arrange appropriate learning support for our students who have learning difficulties and
disabilities and who need tailored additional support in order to succeed in their studies.

We have been awarded the Highly Trusted Sponsor status, from UK Border Agency and
therefore we take student applications from international communities. We have strong
links with several countries across the world and work with the British Council and UKBA to
ensure appropriate and relevant students join us in line with all relevant legislation.

We work with our Student Union Equalities Officer to discuss how we can further support
students from different backgrounds or with differing needs to good effect.

DISABILITY DISCRIMINATION ACT 1995

Disability Is Widespread
There are an estimated 8.5 million disabled people in Great Britain, nearly one in seven.
This covers people with physical, sensory and mental impairments including cancer,
diabetes and many more. The incidence of disability is strongly related to age: 11% of
people aged 16-24 have a long-term disability; this figure rises to 33% of those between
50 and pensionable age.

Disabled people face restricted opportunities, greater barriers to participation and
continuing discrimination.

The Disability Discrimination Act (DDA) was passed in 1995 to introduce new measures
aimed at ending the discrimination which many disabled people face. It protects disabled
people in the areas of:
 employment
 access to goods, facilities and services
 the management, buying or renting of land or property

Some of these measures became law for employers in December 1996. Others will be
introduced over time.

For service providers (e.g. businesses and organisations): since December 1996 it has
been unlawful to treat disabled people less favourably than other people for a
reason related to their disability; since October 1999 service providers have been
required to make „reasonable adjustments’ for disabled people, such as providing extra
help or making changes to the way they provide their services; since 2004 service
providers have had to make ‘reasonable adjustments’ to the physical features of their
premises to overcome physical barriers to access.

What does The Act say about providing services?

Part III (of the DDA 1995) relates to the provision of services. It outlines what is made
unlawful by the Act and explains what is meant by "discrimination". It describes the scope
of services affected by the Act (and those which are excluded) and those people who have
rights under the Act.

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What does the Act make unlawful?

The Act makes it unlawful for a service provider to discriminate against a disabled person:
 by refusing to provide (or deliberately not providing)
any service which it provides (or is prepared to
provide) to members of the public;
 or in the standard of service which it provides to
the disabled person or the manner in which it
provides it; or in the terms on which it provides a
service to the disabled person.

References to providing a service include providing goods or facilities.

It is also unlawful for a service provider to discriminate in:

 failing to comply with any duty imposed on it by section 21 (a duty to make
reasonable adjustments) in circumstances in which the effect of that failure is to
make it impossible or unreasonably difficult for the disabled person to make use of
any such service
 The reference to making use of a service includes using goods or facilities

What does the Act mean by "discrimination"?

The Act says that discrimination against a disabled person occurs in two possible ways.

 One way in which discrimination occurs is when a service provider: treats the
disabled person less favourably - for a reason relating to the disabled person's
disability - than it treats (or would treat) others to whom that reason does not (or
would not) apply; and cannot show that the treatment is justified.

The other way in which discrimination occurs is when a service provider:

 fails to comply with a duty imposed on it by section 21 of the Act (a duty to make
“reasonable adjustments") in relation to the disabled person; and cannot show that
the failure is justified.

In addition, the DDA: requires schools, colleges and universities to provide information for
disabled people; allows the Government to set minimum standards to assist disabled
people to use public transport easily.

To see a copy of the full Disability Discrimination Act (1995), please visit:

http://www.opsi.gov.uk/acts/acts1995/ukpga_19950050_en_1

Or visit the Equality and Human Rights Commission web site to find out more about
equality and diversity matters, such as the Equally Different Campaign below:
http://www.equalityhumanrights.com

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Equally Different

We are all different but we all deserve to be treated fairly. Equally Different is a collection
of stories from people of all ages and social backgrounds explaining what makes them
different and how it has affected their lives. These stories were filmed over summer 2007.

They also feature on the Commission‟s You Tube web site:
http://uk.youtube.com/equalityhumanrights

Visit the following Internet web site:
http://www.opsi.gov.uk/acts/acts1995/ukpga_19950050_en_1

The following is an excerpt from the DDA (1995) as detailed in the web site
page above:

Section 6.
Duty of employer to make adjustments.

6. (1) Where-
(a) any arrangements made by or on behalf of an employer, or
(b) any physical feature of premises occupied by the employer, place the disabled person
concerned at a substantial disadvantage in comparison with persons who are not
disabled, it is the duty of the employer to take such steps as it is reasonable, in all the
circumstances of the case, for him to have to take in order to prevent the
arrangements or feature having that effect.

(2) Subsection (1) (a) applies only in relation to-

(a) arrangements for determining to whom employment should be offered;
(b) any term, condition or arrangements on which employment, promotion, a transfer,
training or any other benefit is offered or afforded.

Generally speaking what this means is that the Government by means of the DDA (1995) is
placing a real responsibility on employers and service providers to ensure that they have
done everything reasonable to ensure that both public service and employment
opportunities exist equitably for people living with a disability. The Act goes on to give
specific examples of what steps employers may have to take in order to comply with the
Law.

Discrimination by employers

4. Discrimination against applicants and employees.
5. Meaning of "discrimination".
6. Duty of employer to make adjustments.
7. Exemption for small businesses.

When is less favourable treatment unlawful discrimination?
(Information taken from Disability Discrimination Act1995; Code of Practice; Rights of
Access; Goods, Facilities, Services and Premises).

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For a disabled person to be discriminated against in this way, he or she must have been
treated less favourably by a service provider in comparison with how the service provider
treats (or would treat) other people.

The reason for the less favourable treatment must relate to the disabled person‟s disability.
The „disability-related treatment‟ of the disabled person is compared with how the service
provider treats (or would treat) other people to whom the „disability-related reason‟ does
not apply.
EXAMPLE
A football club admits visiting supporters to its stadium. However one visiting
supporter is refused entry because he has cerebral palsy and has difficulty
controlling and coordinating his movements. No other visiting supporter is
refused entry. This would amount to ‘less favourable’ treatment for a reason
related to disability and, unless the football club can justify its actions, would be
an unlawful refusal of service, which is contrary to the act.

Bad treatment is not necessarily the same as less favourable treatment although, where a
service provider acts unfairly or inflexibly, a court might draw inferences that discrimination
has occurred.

Myths and Misconceptions about Disability

Myth: Disability is a devastating personal tragedy
Truth: The lives of disabled people are not tragic. What will often disable people are the
attitudes they encounter and the environment in which they live and work.

Myth: Most deaf people can lip read.
Truth: For clear and efficient communication many deaf people will need services such as
sign language interpreters, lip readers, lip speakers and speech to text software.

Myth: Most disabled people are unable to have relationships
Truth: Many disabled people, like non-disabled people, make choices about marriage,
long-term relationships and having children.

Myth: Disability and illness are interrelated.
Truth: Disabled people can get the same illnesses as other people.

Myth: Disabled people are dependent on others.
Truth: Disabled people sometimes need help with some things - too often this is because
of an inadequately designed environment. Nonetheless disabled people strive to be
independent.

Myth: Blind people have a sixth sense.
Truth: Some people use and refine their own senses to compensate.

Myth: Disabled people are courageous.
Truth: Disabled people, like non-disabled people, cope with life in their own individual
way.

Myth: Wheelchair users are not mobile.
Truth: Wheelchair users do get out and about. Some use wheelchairs generally, others
only when necessary.

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Myth: There are disabled people who are 'uneducable'.
Truth: Disabled people reflect the same range of academic ability as non-disabled people,
with some achieving high qualifications and undertaking high-level jobs.

Bridgwater College has been awarded the Positive about Disability Two Tick symbol. The
accreditation is awarded to employers who demonstrate to the Department of Work and
Pensions (Job Centre Plus) that they have achieved, and are committed to, continually
achieving 5 commitments relating to the employment of disabled people.

The 5 commitments are to:

• Interview all disabled applicants who meet the minimum criteria for the job
• Ensure a mechanism is in place to discuss, at any time, but at least once a year, with
disabled employees what can be done to ensure that they can develop and use their
full abilities
• Make every effort to ensure that when employees become disabled, they stay in
employment
• Take action to ensure that all employees develop the appropriate level of disability
awareness needed to make these commitments work
• Conduct an annual review on what has been achieved and plan ways to improve on
them. This is reported to the Department of Work and Pensions

The award of the accreditation is reviewed annually when the employer has to
demonstrate to Job Centre Plus what action it has taken to meet the 5 commitments - this
is an ongoing commitment.

It is one of the ways we demonstrate our commitment to creating 'an environment, which
encourages disabled people to seek and maintain employment with us'.

HARASSMENT

How do we know when someone’s behaviour is acceptable or not?


What should we do when we feel threatened or intimidated by the way someone
is behaving towards us? Consider the following scenarios; would you know what
to do?

1. You are busy concentrating on your work, when a colleague puts his or her arm around
your shoulder. Is this acceptable behaviour? Is this harassment or just being friendly? What
are your feelings?

If you don‟t like someone‟s arm around you, tell them so. Usually a simple request not to
do it will clarify your feelings and end the matter. When a person ignores what you have
said and continues to do what you have asked them not to, this is harassment.

2. Your supervisor, trainer or manager begins talking to you about your performance in a
threatening and vindictive manner, telling you „what they will do‟ if you don‟t do what they
ask. Is this bullying or performance management?

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It is fact that sometimes the manager has to give difficult feedback and explain the action
we need to take, even when we don‟t like it. However, threatening, vindictive and
aggressive behaviour is unacceptable from anyone. If necessary feedback is presented in
this threatening way, it may amount to bullying.

3. You are European and your work colleagues make jokes about you, your accent and
your country. Is this just a joke or is this a form of racism?
It is not acceptable. Most people would see this as offensive, so if it offends you, tell them
so. This does not have to be confrontational. Making jokes about someone‟s origin is a
form of racial harassment and unlawful. If the jokes and the behaviour continue you should
seek support and report this to your management immediately.

4. People who complain about being bullied or picked on because they are black, tall, short,
English or are International, pregnant, gay, straight, Transsexual, male, female, Moslem,
Jewish, too old, too young, complain about being sexually harassed, treated unfairly, or not
given a fair chance………..are they just being overly sensitive? Do you think they should
lighten up and be more able to take a joke?

If anyone felt upset, embarrassed or offended by someone‟s behaviour and he or she has
told the person so, but the behaviour continues – then this is harassment. If the person
who has been told their behaviour is offensive or unacceptable, states that it was just
joking or fun; didn‟t mean it or believes you are being over-sensitive, that‟s not the point.

Harassment becomes harassment when your reasonable request to stop has
been ignored.

5. A young male trainee is chatting with a couple of female trainees about their plans for
the weekend. The young women ask the lad if he has a girlfriend. When he replies that he
is single they start to tease him about being gay and start laughing at him saying „you are,
aren‟t you, you‟re gay”. He states that he is not and becomes quiet, but the two friends
continue. Is this just having fun or is this harassment?

Any form of harassment is totally unacceptable. Whether it is malicious gossip, physical or
verbal abuse, damaging your property or anonymous or offensive mail. Nobody should
work in a place where harassment is tolerated. It is totally unreasonable and deeply
offensive to the vast majority of us. It is vitally important to us all that we feel able to
speak out safely, in the knowledge that every allegation will be taken seriously, examined
thoroughly, fairly and quickly.

Harassment and Victimisation are attempts to intimidate and frighten people. It
is often proved to be illegal; it is always reprehensible and may lead to
disciplinary action against the person doing it. The consequences may lead to
dismissal.

Sexual Harassment

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Sexual harassment is unacceptable behaviour of a
sexual nature, which is unreasonable, unwelcome,
unsolicited and offensive.

Examples include:

 Unwelcome sexual attraction
 Ridicule or verbal insults of a sexual nature
 Sexually suggestive behaviour and innuendo (hints or
sly remarks) or language
 Offensive gossip, whether based on fact or not
 Suggestions that sexual favours may further your career
or refusal may hinder progression or promotion
 Sexually suggestive material displayed or circulated

What should I do if I feel I am being sexually harassed?

 Tell the person who is harassing you that their behaviour
is unwelcome and that you want it to stop. You may want a friend or colleague with
you, when you do this. It may well stop after you say something. If not make a
formal complaint using the grievance procedure

What if I‟m too embarrassed or scared to say anything to them?

 You must let it all out. Talk to someone about what happened; get help and let the
offender know that you are unhappy. You can even get someone else to talk to them
for you. Usually once a person knows their behaviour is unwelcome, it will stop.

What if it doesn‟t?

 Tell your manager or supervisor, they have a legal responsibility to act on such
matters. If it is your manager or supervisor who‟s harassing you, then speak to
another manager or someone more senior. If none of these options are available to
you make sure you, tell someone outside the organisation who can help you.

Remember any unwanted sexual attention becomes harassment after you make
it clear that you find it unacceptable.

One incident alone may constitute sexual harassment, if serious enough. Anyone
can be sexually harassed.

DIVERSITY

In this section we will examine diversity with a broader view of the elements it compasses
and what these represent in our daily lives. Working through this section will help you form
a strong sense of what diversity is and why demonstrating your understanding of diversity
is important.

Diversity is about valuing and embracing the differences in people, whether that relates to
gender, race, disability, age or a host of other individual characteristics which may or may
not be covered by legislation. Diversity can be said to describe the range of visible and

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non-visible differences that exist between people.

Diversity is about recognising, accepting and valuing difference rather than being afraid of
it.

Diversity acknowledges that there are clear differences between people such as gender,
ability, national and ethnic origins, age, sexual orientation, culture, religion and belief – but
believes that none of these should act as a barrier to a full and equal enjoyment of life.

DIVERSE COMMUNITY?

How can we make a good contribution?
One of the most important ways in which we can contribute is recognising the importance
of respecting people and their differences, whatever the difference may be.
If we put effort into the way we communicate with people we can make a real difference.
Think about how strong a message you can convey by saying absolutely nothing yet
convey your meaning with a stare or particular body stance (body language).

Verbal and non-verbal language can mean very different things in different cultures. For
example maintaining eye contact when in conversation can in some cultures convey good
manners and confidence whilst in others this demonstrates aggression and disrespect. So,
when we are talking to people from other cultures it is useful not to assume that people
will understand our non-verbal communication (body language).

Demonstrating knowledge and understanding of diversity is very important in a business
context also, we can conduct very successful professional relationships and deals by
developing our cultural awareness or we can conversely cause embarrassment or even
worse, offence when we are unaware.

Culture has different meanings in different contexts but in general it refers to the traditions,
behaviours and activities of a group or society of human beings.

There have been some very effective advertising campaigns on television by the HSBC
Bank, which use this exact principle about the importance of understanding different
cultures and how important this can be for successful business.

The advert depicts a European banker having dinner with Chinese business colleagues in
Hong Kong. The European banker whose culture has always enforced that good table
manners is to eat everything given to him, is becoming stressed by the fact that every time
he empties his plate, his Chinese colleagues become concerned and bring him more food.
This is because they do not understand his culture and his desire to be polite and eat
everything, and conversely, in their culture it is polite to leave a little food on your plate to
indicate that you have eaten sufficient.

Talking about attracting diverse people into their organisation.
The Independent, 26 May 2005, Kate Hilpern

At HSBC, advertising has made a major difference in attracting people from wider
backgrounds. "Our television advertising, which focuses on difference, has been incredibly
successful in attracting a diverse set of recruits, as well as customers," says Sue Jex, Head
of Employee Relations & Diversity. The bank's zero tolerance to discrimination has also

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been powerful, she adds.

Diverse religion and belief?
There are many diverse religions and belief systems in our society in the UK.
This provides an introduction or refresher to the major religions practiced in the UK. You
may want to research further using the World Wide Web over the internet. This link
http://www.bbc.co.uk is a good place to start.

On the BBC home page type the word „Religion‟ in the search engine. This is usually in the
top right of the screen. You will be given a list of links within the website to explore. You
will also find that good relevant information about Equality & Diversity is available from
your local Learning and Skills Council.

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Buddhism
There are around 150,000 active Buddhists in the UK (2001Census). Buddhism is a tradition
that focuses on personal spiritual development. Buddhists strive for a deep insight into the
true nature of life and do not worship gods or deities. There are as many forms of Buddhist
worship as there are schools of Buddhism. Buddhism was founded in India in the 6th
century BC by Siddharta Gautama, who is generally known as Buddha or „enlightened one‟.
Its philosophy is based on a system of ethics rather than a set of rules. Buddhism sees life
as a process of birth, ageing, illness and death, in which people achieve enlightenment
(Nirvana) by understanding suffering and overcoming grief. Buddhists believe in rebirth
and that the life you lead now has a direct effect on the next life. The notion of „treating
others as you would like to be treated yourself‟ is a way of life with Buddhists.

Christianity
Christianity is the world's biggest religion, with about 2.1 billion followers worldwide and 6
million active Christians in the UK (2001 Census). It is based on the teachings of Jesus
Christ who lived in the Holy Land (Canaan, modern day Israel) 2,000 years ago. Included
are any groups of Christians that sincerely regards itself as Christian, and whose beliefs are
based on the teaching of Jesus. Christians believe that Jesus Christ the son of God, who
came to earth as a man to restore the relationship between humans and God that had
gone wrong. There are many different forms or „denominations‟ of Christians, which include
Orthodox, Roman Catholic and Protestant. The main beliefs of Christianity include the belief
in the Holy Spirit, forgiveness of sins, the resurrection of the body and everlasting life. The
main celebrations of this religion include Christmas, when the birth of Jesus Christ is
celebrated and Easter, when it is believed that Jesus Christ was resurrected following his
crucifixion.

Rastafarianism
Rastafari is a young, Africa-centred religion based on principles rather than beliefs, which
developed in Jamaica in the 1930s, following the coronation of Haile Selassie I as King of
Ethiopia in 1930. The religion has links with Judaism and early Christianity. Obedience to
the ten commandments is important and both the Bible and Ethiopian history are closely
studied. The Nazarite vow on separation is closely followed and prohibits the cutting of
hair; it also emphasises the celebration of life rather than death, and therefore attendance
at funerals is not of great importance.

Rastafarians believe that Haile Selassie is God; called Ras Tafaro, he died in 1975. Similarly
they believe he will return members of the black community who are living in exile as the
result of colonisation and the slave trade, to Africa. Since the majority of Jamaicans are
the descendants of enslaved Africans it's unsurprising that a number of reggae lyrics deal
with the historical and social upheaval of slavery. One of the few major faces of minority
religious sects, Robert Nesta Marley, has become the face of reggae and of Rastafari. His
own brand of African rock and reggae music reached out to people all over the world, and
had great impact on the religious movement as a whole. Bob Marley was born in 1945 to a
white middle class father and a black mother, in Jamaica. He left home at 14 years old to
pursue a music career in Kingston. This was his first experience of Rastafari, becoming a
pupil of local singer and devout Rastafarian, Joe Higgs.

Rastafarians are very particular about food and prefer to eat as naturally as possible
including fruit and vegetables. Most do not eat pork as it is considered unclean, some
refuse alcohol, some are strict vegetarians, whilst others additionally eat fish.

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Hinduism
Hinduism originated over 3000 years ago. Hinduism claims to have many founders,
teachers and prophets who claim first-hand experience of God. When Hindus promote the
idea of spirituality as a principle rather than a personality, they call this Brahman. Hindus
believe that all living things have a soul and that the soul passes through a cycle of
successive lives and its next incarnation is always dependent on how the previous life was
lived. There are about 560,000 Hindus in the UK (2001 Census) and it is estimated that
160,000 are actively involved in their faith. Hindus believe that there is a creator or a
supreme spirit that is neither male nor female and who is far too complex for ordinary
humans to understand. For this reason the creator is worshiped through three images:
Brahma, the creator, Vishnu, the preserver and Shiva, the destroyer.

The religion teaches its followers a way of life and is mainly practised by Indians and is the
dominant religion in India. This religion has no single founder or prophet, no single holy
book or organised place of worship. Therefore worship takes place mainly in the home but
also in the temple (Mandir). Hindus usually pray at least twice a day. The Janamashtami
festival marks the birth of Krishna, the most highly venerated God in the Hindu pantheon.
The two most import festivals are Holi and Diwali. Both men and women generally wear
western dress. Traditional clothing for women includes the Sari and Shalwar (loose fitting
trousers) and Kameez (loose fitting trouser suit). Men traditionally would cover themselves
from waist to knee and would wear a Kameez or Kurta (a long tunic) on special occasions.
Married women wear a red spot on the forehead (Bindi) or a red streak in their hair. Eating
meat is forbidden in Hindu religious philosophy, especially beef because the cow is a sacred
animal. Most Hindus will not eat egg fish or food that contains egg; diet has a strong
religious aspect. Alcohol and tobacco are taboos (forbidden) for many Hindus.

Judaism
Judaism is one of the oldest monotheistic religions and was founded over 3500 years ago in
the Middle East and is considered to be the forebear of Christianity and Islam.

There are over 276,000 Jews living in the UK (2001 Census), 85,000 of whom are actively
involved in the faith. The fundamental belief of Judaism is that there is one all- powerful
god who created the universe and that God has a special relationship with the Jewish
people, forged by the covenant that God made with Moses on Mount Sinai, 3,550 years
ago. Jews believe that God appointed the Jews to be his chosen people in order to set an
example of holiness and ethical behaviour to the world. Shavuot marks the time that the
Jews received the Torah on Mount Sinai. It also marks the start of the wheat harvest and
the end of the barley harvest. The synagogue is the Jewish place of worship, where prayers
are said three times a day, but is also used as a place to study, and often as a community
centre as well. Saturday or Shabbat (Sabbath) is a religious festival which starts at sunset
on Friday and lasts until sunset on Saturday. This weekly festival represents God‟s creation
of the world and therefore devout (devoted to the religion) Jews do not engage in any
„creative‟ work (driving, public transport, phoning, cooking or writing) on that day.

Jews are divided according to their beliefs and practices and according to their racial
origins, as either having roots in Europe (Ashkenazi Jews) or Spain and the Middle East
(Sephardi Jews). The main divisions of belief and practice include: Orthodox Jews, Haredi
Jews, Conservative or (Masorti) Jews, Hasidic Jews, Reform Jews and Reconstructionist and
Humanistic Judaism. The lighting of 8 candles on eight successive nights and the
preparation of traditional potato cakes celebrate the festival of lights called „Hanukkah‟.

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Islam
Islam began in Arabia and was revealed to humanity by the Prophet Muhammad (peace be
upon him). Muhammad (pbuh) was not a god; he was a man through whom God revealed
his will. Those who follow Islam are called Muslims. Muslims believe that there is only one
God. The Arabic word for God is Allah. The holy book that Muslims follow as a way of life is
called the Qur‟an. There are about 1.6 million Muslims in the UK (2001 Census) and about
600,000 are active in the faith. Those who are not actively involved in the faith consider
being a Muslim an important part of their identity. Like Christianity there are different
denominations of Islam. The two main sects in the Muslim faith are the Sunni and the
Shiites who split because of a leadership dispute decades after the death of their prophet in
632 AD.

Today although there are differences, both sects agree on the fundamentals of Islam „The
5 Pillars‟ which include, faith in the religion, worship and 5 daily prayers, fasting in the
month of Ramadan and pilgrimage and charity to the holy city of Mecca at least once in a
lifetime. There are two main celebrations in Islam: Eid ul Adha and Eil ul Fitr. Malcolm X,
or Malik El Shabbaz as he later named himself, is probably one of the most well-known
personalities of the twentieth and twenty first centuries. For oppressed people all over the
world he was a role model of eloquence and activity. Through his involvement in the Nation
of Islam and then Orthodox Islam, he became a staunch supporter of civil rights by any
means necessary.

Sikhism
Sikhism was founded in the Punjab by Guru Nanak in the 15th Century CE and is a
monotheistic (belief in one God) religion. Sikhs believe that there is a single all-powerful
God, who created the universe and everything in it. The Sikh holy book is called „Guru
Granth Sahib‟. There are 18-20 million Sikhs in the world and 80% of them live in the
Punjab state in Northwest India where the faith began. There are 336,000 Sikhs in Britain
(2001 Census), 80% of whom actively follow their faith. 39% of UK Sikhs attend worship
once a week at a place called a Gurdwara (meaning house or residence of God). This is
also a community centre and has a free kitchen (Langar) where anyone can eat.

Most of Britain's Sikhs have their origins in immigration either from the Punjab in Northwest
India in the 1950s and 60s, or from East Africa slightly later. „Gurpurbs‟ are festivals that
are associated with the lives of the Gurus. The word „Sikh‟ is Punjabi for „disciple‟ and Sikhs
are disciples of the Gurus. Sikhs think religion should be practiced by living in the world and
coping with life's everyday problems; living one‟s life according to the scriptures and
teachings of the Sikh Gurus and doing things to benefit other people. This involves earning
an honest living, having a humble attitude and sharing happiness and wealth with others in
the family. Sikhism emphasises social and gender equality, and stresses the importance of
behaving unselfishly. A Sikh is not allowed to cut hair from any part of the body. It is
forbidden to cut body hair or even trim eyebrows and beards.

The main celebrations include Diwali, the festival of lights and Baisakhi, the day when Sikhs
celebrate the formation of Sikh brotherhood. Many Sikhs are vegetarian and will need to
know the contents of food dishes where this is not obvious. For religious reasons beef and
tobacco are forbidden and alcohol is not permitted in orthodox (traditional and customary)
families. It is forbidden to cut hair (Kesh), which must be kept clean and protected. Leaving
hair un-cut and beards untrimmed is an indication of living in harmony with the will of God.
Men usually tie their hair up in a knot on the top of the head and cover it with a turban,
which is a religious symbol also.

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SEXUAL ORIENTATION

Over the last twenty years attitudes towards people‟s sexuality have changed a great deal.
Despite this increase in acceptance of gay lifestyles, research reveals that a significant
minority of people in Britain are opposed to homosexuality.

 83% of young gay people have received verbal abuse (Gallup 2002)
 6% of the UK population is Gay or lesbian (DTI 2005)
 An estimated 20% of gay men, lesbians and bisexuals are believed to conceal their
sexual identity in the workplace (Stonewall survey 2003)
 Some people know their sexual orientation from a very early age, others realise it
much later in life

Discrimination, stigma and hatred

Discrimination on the grounds of sexual orientation in employment is now illegal. Stonewall,
a long-standing lesbian and gay pressure group has taken a large number of test cases of
discrimination to the European Union arguing for the right not to be discriminated against
in employment. Finally a new employment framework directive was issued by the European
Union, which required the UK government to introduce legislation to make it unlawful for
employers to discriminate on the grounds of sexual orientation. This law came into force on
the 1st December 2003.

It is not uncommon for lesbians, gay men or bisexuals to become the target of homophobic
crime or harassment and bullying. Stonewall is involved in awareness raising and
educational campaigns that address this serious diversity issue. You can research some of
the educational work that Stonewall supports at this web link:

http://www.stonewall.org.uk/education_for_all

Homophobic bullying causes permanent damage to young people and blights the schools
and colleges where it takes place. Making all young people - regardless of their sexuality -
feel included and valued is a major opportunity for the educational system to transform the
lives of a significant number of pupils and students.

As you will remember from your work or training induction, bullying of any form is a very
serious matter and will be investigated and reported fully and quickly. This would be a
good point to refer to the Equality & Diversity Policy in your staff handbook (kept in your
workplace) or (ask your tutor for a college copy). Read what it says about bullying and
how bullying is dealt with at college or in your workplace. It is important that you
understand this and know how to act if you or a fellow student or work-colleague needs
support.

Research and review an online Case Study.

Using the Stonewall website link: http://www.stonewall.org.uk/education_for_all

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GLOSSARY OF TERMS

The following are fairly basic definitions and are intended simply to inform and raise
awareness.

Ageism Discrimination against young or old people (in fact, people of any age). Based
upon the belief that they are incapable or unable to take care of themselves, or lack
necessary experience, skills and/or the ability to learn new skills.

Bullying can be described as persistent actions, criticism or personal abuse, either in
public or private, which humiliates, denigrates, undermines, intimidates or injures the
recipient.

Bi-sexual Physical and or emotional attraction to men and women.

Black is a term usually referring to a racial group of humans with a dark skin color, but the
term has also been used to categorise a number of diverse populations into one common
group. Black is a term also used to describe specific life experiences and cultural aspects of
life.

Classism Represents a particular form of oppression where the rules, values, norms and
ideals of one socioeconomic group or 'class' are imposed upon another within a hierarchy of
class values, e.g. 'working class' people are often discriminated against by so-called 'middle
class' and 'upper-class' people who might label them ignorant, stupid, uneducated and
ineffectual.

Closet (or 'in the closet') A term used when a person keeps their sexual orientation hidden
or un- disclosed. i.e. Lesbians, bi-sexuals or gay men who keep their sexuality hidden from
others for fear of harassment, stigma and oppression.

'Come out' (or 'out') A process, which involves being open and honest about one's
sexuality. More specifically, lesbians, bi-sexuals, Trans people and gay men who have
previously kept their sexuality or identity hidden and then make a decision to 'come out' or
declare their sexuality or identity openly. 'Outing' someone means openly informing others
about an individual's sexuality or identity, without their permission to do so.

Disabilism (or abilism) A concept that distinguishes a certain proportion of society (those
who have a physical disability, a mental illness, or emotional, behavioural or learning
difficulty) from the so-called 'able-bodied' majority.

Discrimination results from prejudice and often only arises when these prejudices are
actually applied or acted upon and involves treating people less favourably on the grounds
of gender, marital status, sexual orientation, skin colour, race, nationality or ethnic or
national origins etc. There are two types of discrimination - direct and indirect.

Feminism Is a belief in the right of women to have political, social, and economic equality
with men.

Gay The term adopted by the Gay Liberation Movement of the 1960's in an attempt to
affirm a 'truly joyous and alternative lifestyle' and to replace the term 'homosexual'.
Homosexual men use „Gay‟ predominantly.

26


Genuine occupational qualification Selection on racial grounds is allowed in certain
jobs where being of a particular racial group is a genuine occupational qualification for that
job. An example is where the holder of a particular job provides people of a particular race
or cultural group with personal care services promoting their welfare, and where a person
of that race or cultural group can most effectively provide those services, or where being of
a particular race or culture provides authenticity to the service/s provided by that
business/organization, i.e. Being Indian to work as a waiter in an Indian restaurant.
(Genuine occupational qualification is also a concept, which may apply to sex (gender)
where being of a particular sex or gender is considered to be an appropriate and valid
criteria for selection).

Harassment is unwanted conduct which may create the effect of (intentionally or
unintentionally) of violating a person‟s dignity or creating an intimidating, hostile,
degrading, humiliating or offensive environment which interferes with an individual‟s
learning, working or social environment or induces stress, anxiety, fear or sickness on the
part of the harassed person.

Heterosexism The assumption that heterosexuality is 'normal' or 'natural'. It implies that
anyone living a different lifestyle must be „abnormal‟ or „un-natural‟ sometimes perverted
and/or in need of help.

Heterosexual Physical and or emotional attraction to the opposite sex.

Homophobia An aspect of heterosexism, a fear of same-sex relationships, a fear of loving
the same sex. A generalised dislike or hatred of gay men, Lesbians and Bi-sexuals and their
lifestyle; usually interpreted as discriminatory vies and beliefs against gay men and women.

Homosexual Attraction physically and or emotionally to the same sex; usually but not
exclusively applied to gay men.

Lesbian A woman who is physically and or emotionally attracted to women.

Multi-cultural Term used to describe a mixture of cultures but not necessarily or
exclusively races.

Oppression The process of treating people with cruelty, denial of choice and opportunity
or injustice often signified by some sort of discrimination.

Prejudice A judgment or opinion (view point or belief) based on a personal belief that
people of, for example, other genders, cultures, races and beliefs are inferior to one's own.
This is usually based on generalisation or stereotyping.

Racism Negative discrimination, prejudice and oppression based on skin colour or racial
origin, for example the oppression of black people by white people i.e. prejudice + power =
oppression.

Sexism Behaviour, policy, language or other actions (often by men) which express the
view that women are, in some way, less than or inferior.

Stereotyping Making assumptions or generalisations about certain individuals who share
similar characteristics and applying that assumption as true of all groups of people in
society who share that characteristic; usually through lack of awareness, ignorance or fear.

27


Transgender The precise definition for transgender remains in flux, but includes:
 People who were assigned a sex, usually at birth and based on their genitals, but
who feel that this is a false or incomplete description of themselves
 Non-identification with, or non-presentation as, the sex (and assumed gender) one
was assigned at birth

Victimisation is punishing or treating an individual unfairly because they have made a
complaint, or are believed to have made a complaint, or who has or believed to have
supported someone who has made a complaint/grievance or reported a discriminatory
incident.

28


EQUALITY & DIVERSITY
POLICY (Appendix A)

Applicable to staff, students, customers and the general public using
Bridgwater College from 1 December 2010

29


EQUALITY & DIVERSITY POLICY

SECTION PAGE

1. INTRODUCTION 3

2. PURPOSE 3

3. SCOPE 3

4. EQUALITY & DIVERSITY AT BRIDGWATER COLLEGE 3

5. ROLES & RESPONSIBILITIES 5

6. EQUALITY STATEMENTS 7

7. INDUCTION & STAFF DEVELOPMENT 7

8. RECRUITMENT 7
8.1 RECRUITMENT OF STAFF 7
8.2 RECRUITMENT OF STUDENTS 7

9. EQUALITY IN TEACHING & LEARNING 8

10. EQUALITY MONITORING & REPORTING 8

11. REVIEW OF POLICY 9

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EQUALITY & DIVERSITY POLICY

1. INTRODUCTION

1.1 The Equality & Diversity policy demonstrates the commitment of the College to
equality of opportunity for staff, students and other people and sets out our
equality principles.

1.2 Equality of opportunity is an important aspect of College life because we want to
create an environment in which everyone is able to achieve their full potential.

1.3 We strive to ensure that the College environment is free of harassment and
bullying and that everyone is treated with dignity and respect at all times. To
support this, we have an anti-Bullying & Harassment Policy within our personnel
policies and a separate student specific Anti-Bullying Policy.

2. PURPOSE

2.1 The College is fully committed to promoting, maintaining and supporting equality
and diversity in all aspects of its work. The College aims to create an
environment where all individuals have the opportunity to achieve their full
potential, and gain a feeling of self-esteem and respect for and from all others.
The College expresses its opposition to all forms of inequality and discrimination.

2.2 The College has statutory duties under UK law to promote equality of opportunity
between people of different groups. Full details of the statutory duties are
available in the Single Equality Scheme.

2.3 This policy assists the College to put its commitment into practice. Staff
adherence to this policy should ensure that employees do not commit unlawful
acts of discrimination or inequality.

3. SCOPE

3.1 This policy applies to staff, students, employers, customers and suppliers. It
applies to anyone who uses the College at any point in time. Everyone should
expect to be treated equally according to need, with dignity and respect and
without being subjected to discrimination or harassment.

3.2 The College has to make choices every day in all aspects of its working practices.
The College will not base these decisions on prejudicial beliefs and therefore, will
fully consider the reasons for making decisions. The College formally records the
considerations it makes by completing Equality Impact Assessments.

4. EQUALITY & DIVERSITY AT BRIDGWATER COLLEGE

4.1 Bridgwater College acknowledges that it is unlawful to discriminate directly or

31


indirectly in the recruitment or employment of staff or in providing educational
services for students, in terms of the 9 protected characteristics, as defined in the
Equality Act 2010.

4.2 Bridgwater College works positively and progressively to ensure that no policy,
practice, procedure or action puts any group of people at an unfair advantage or
supports discrimination.

4.3 The 9 protected characteristics of equality are:
 Age
 Disability
 Gender reassignment
 Race
 Religion or belief
 Sex
 Sexual orientation
 Marriage and civil partnership
 Pregnancy and maternity

4.4 Bridgwater College will not tolerate any acts of unlawful discrimination by any
users of the College and will take appropriate action, as laid down in its policies
and procedures, if it is made aware that an unlawful act, or possible unlawful act,
has been committed.

The categories of discrimination as listed in the Equality Act 2010 are:

i) Direct discrimination
Where a person is treated less favourably than another because of a protected
characteristic. In very limited circumstances, a genuine occupational requirement
may be permitted.

ii) Indirect discrimination
Where a provision, criterion or practice is applied that is discriminatory in relation
to individuals who have a relevant protected characteristic such that it would be
to the detriment of people who share that protected characteristic compared with
people who do not, and it cannot be shown to be a proportionate means of
achieving a legitimate aim.

iii) Harassment
Where there is unwanted conduct, related to one of the protected characteristics
that has the purpose or effect of violating a person‟s dignity; or creating an
intimidating, hostile, degrading, humiliating or offensive environment.
Harassment may apply either directly or indirectly to customers, clients, staff or
students because of one of the protected characteristics.

iv) Associative discrimination
Where an individual is directly discriminated against or harassed for association

32


with another individual who has a protected characteristic.

v) Perceptive discrimination
Where an individual is directly discriminated against or harassed based on a
perception that he/she has a particular protected characteristic when he/she does
not, in fact, have that protected characteristic.

v) Third-party harassment
Where an employee is harassed and the harassment is related to a protected
characteristic by third parties such as clients or customers (please refer to the
Harassment & Bullying Policy)

vi) Victimisation
Where an employee is subjected to a detriment, such as being denied a training
opportunity or a promotion because he/she made or supported a complaint or
raised a grievance under the Equality Act 2010, or because he or she is suspected
of doing so. However, an employee is not protected from victimisation if he or
she acted maliciously or made or supported an untrue complaint.

4.4.1 The protected characteristics of marriage and civil partnership, and pregnancy
and maternity are not currently covered in the areas of:
 Harassment
 Associative discrimination
 Perceptive discrimination
 Third party harassment

4.5 College staff will not discriminate or harass a customer or member of the public
in the provision of goods, facilities or services.

4.6 We will make reasonable adjustments to overcome barriers to using services
caused by disability. A reasonable adjustment may include the removal, adaption
or alteration of physical features (as long as this is not unreasonably difficult).

4.7 Anyone who feels they have experienced harassment or bullying by customers,
suppliers, visitors, staff, students or others should notify their manager or if this
is not possible, speak to SQS.

4.8 Promoting equality of opportunity is important at Bridgwater College and
integrated into all activities undertaken within the College, from Strategic and
Operational Planning, development, delivery and assessment of curriculum, and
recruitment and employment of staff. We also ensure equality of opportunity is
an integral part of new ventures, such as design and build of new facilities and
engagement of contractors.

4.9 The College has a Single Equality Scheme which sets out the 9 equality protected
characteristics and helps us to promote equality through various mechanisms and
fulfil our statutory duties.

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4.10 A range of working and focus groups are used at Bridgwater College to progress
the equality and diversity agenda including:
 Equality & Diversity Committee (Staff and Students)
 Equality & Diversity Staff Development Theme Group (Staff only)
 Disability Equality Duty Focus Group (Staff)
 Disability Equality Duty Focus Group (Students)
 Equality Characteristic Focus Groups (Staff only)

5. ROLES AND RESPONSIBILITIES

5.1 As members of the College community we all have a responsibility to work
towards equality of opportunity in all 9 equality protected characteristics by
treating people equally and valuing the diversity of others.

5.2 All staff have a responsibility to work co-operatively with others at all times.
Individual members of staff can be held personally liable as well as, or instead of,
the College for any act of unlawful discrimination. Staff who commit serious acts
of harassment may be guilty of a criminal offence. Acts of discrimination,
harassment, bullying or victimisation against others are disciplinary offences and
will be dealt with under the College‟s disciplinary policy. Discrimination,
harassment, bullying or harassment may constitute gross misconduct and could
lead to dismissal without notice.

Specific responsibilities for equality & diversity are set out for groups of staff:

 Governors will lead by example, challenge what we do and how we do it
with regards to equality & diversity with staff and students.

 Senior managers will lead by example, demonstrate the principles of
equality & diversity and seek good equality practice from managers and staff
across the College and specifically within their Area

 Managers will establish good working relationships with all staff within their
teams and respond to any issues that arise in terms of staff or student
concerns. Manager will manage staff in an equal, fair and appropriate way to
ensure no form of favouritism, discrimination or unfair advantage is permitted.

 Senior Tutors will ensure the Tutorial Programme seeks to raise student
awareness of Equality & Diversity issues and good practice in this area.

 Teaching and training staff will demonstrate the principles of equality &
diversity and how we are fair and supportive to all people, irrespective of who
they are. Teaching and training staff will deliver materials to students which
avoid stereotyping or discrimination and embed equality & diversity into their
lessons.

 Staff will work harmoniously with all other staff, students, customers and

34


other people and uphold the high standards expected of equality & diversity.
Staff will report any concerns about equality issues so that management can
take action to rectify and provide a supportive environment for staff, students
and other people.

5.3 It is a specific responsibility of the College Equality & Diversity Committee, made
up of staff from all areas of the college, student representative from the Student
Union and chaired by the Vice Principal, to ensure that the Equality & Diversity
Committee Action Plan is revised annually and all actions monitored towards
implementation during the College year.

5.4 This Action Plan aims to broaden awareness of issues and ensure good practice in
everything we do. The Vice Principal reports on progress against the Action Plan
to the College Governors.

5.5 A College Equal Opportunities Co-ordinator is appointed from the Equality & Diversity
Committee to support the Vice Principal in implementing and monitoring the Equality &
Diversity Committee Action Plan.

6. EQUALITY STATEMENTS

6.1 Bridgwater College will promote equality of opportunity to all staff and students in
accordance with current legislation such as the Equality Act 2010, and will
continue to review and amend this policy and our practices as required under
legislation and case law.

6.2 Bridgwater College believes in equality of opportunity in all its activities including
the delivery of education and training, projects, employment and recruitment.

6.3 Wherever practicable the College will accommodate cultural and religious needs
of students and staff within the constraints of operational requirements.

7. INDUCTION & STAFF DEVELOPMENT

7.1 Bridgwater College will provide a range of CPD (continuing professional
development) activities to staff and managers both at induction and during
employment to ensure equality and diversity is central to their understanding of
workplace activities and people management.

8, RECRUITMENT

8.1 RECRUITMENT OF STAFF

8.1.1 We recruit our staff from a variety of labour markets including local, regional,
national and international communities. We have a range of methods for doing
this including advertising in newspapers, noticeboards, specific journals, the
internet and job centre plus.

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8.1.2 We undertake equality monitoring on the protected characteristics to allow us to
understand who our candidates are and which candidates progress to interview
and job offer and to enable us to identify if there are any areas of concern within
our recruitment processes which prevent or discourage candidates from any
particular protected characteristic from applying or progressing through our
recruitment process.

8.1.3 We hold the Positive About Disabled People standard and have identified a
disability officer as a first point of call for staff with disabilities. We liaise with the
Access to Work Scheme, run by the Job Centre Plus service to identify, fund and
seek specialist equipment for staff to ensure they can gain a job irrespective of if
they have a disability or develop a disability during their working life with us.

8.1.4 The College has a separate Rehabilitation of Offenders‟ Policy to support ex-
offenders to fulfil an active part in society and move on with their lives after
previous difficult times. We talk to our existing staff or new staff about any
convictions, cautions, reprimands or warnings they have ever received as part of
recruitment and induction processes.

8.2 RECRUITMENT OF STUDENTS

8.2.1 We welcome student applications from all areas of the local, regional, national
and international community. The Information, Advice and Guidance process
enables students to select a course, suited to their level of ability and future
aspirations, taking into account the relevant government funding stream, where
appropriate.

8.2.2 Many students join us from the local secondary schools, while others have a
particular interest in following a discrete area of provision and travel many miles
to study with us (e.g. Land-based studies).

8.2.3 We undertake equality monitoring and analysis on the protected characteristics
that we collect from our students to allow us to understand who our students are
and how they have progressed throughout their studies.

8.2.4 We arrange appropriate learning support for our students who have learning
difficulties and disabilities and who need tailored additional support in order to
succeed in their studies.

8.2.5 We have been awarded the Highly Trusted Sponsor status, from UK Border
Agency and therefore we take student applications from international
communities. We have strong links with several countries across the world and
work with the British Council and UKBA to ensure appropriate and relevant
students join us in line with all relevant legislation.

8.2.6 We work with our Student Union Equalities Officer to discuss how we can further
support students from different backgrounds or with differing needs to good

36


effect.

9. EQUALITY IN TEACHING AND LEARNING

9.1 We recognise that teaching, training and learning support staff have an important
role to play in embedding equality & diversity into their lessons and tutorials. We
run training sessions for staff on how to embed equality and diversity into lessons
and materials and what behaviour on equality and diversity is appropriate in
lessons.

9.2 For instance, our teaching, training and learning support staff are encouraged to
deal with issues as they arise in lessons and to tackle prejudice, stereotyping and
negative behaviours about one or more minority groups (e.g. BME people,
disabled people, immigrants, homosexual people and sexist jokes/issues).

9.3 All staff are encouraged to undertake equality training during their employment
and to undertake training for the achievement of the Level 2 Award in Equality &
Diversity.

9.4 All new staff, as part of their induction, complete an equality & diversity induction
awareness booklet which introduces them to equality at Bridgwater College and
our expectations of working harmoniously with other people.

10. EQUALITY MONITORING & REPORTING

10.1 The Equal Opportunities Co-ordinator prepares an annual Equality Report which
provides information on:
 Specific actions and projects undertaken during the college year
 Action points (and progress against them) raised with or by the E&D
Committee
 Data monitoring in respect of staff and students across the protected
characteristics of equality
 An assessment of the equality impact of College policies
 Specific actions recommended for the forthcoming academic year

10.2 The report is made available to the College community via the extranet and is
sent to the Governors. A summary of the key points are published as part of the
College‟s Annual Report.

10.3 As part of its development, this policy has been equality impact assessed.

11. REVIEW OF POLICY

11.1 The Equality & Diversity Policy is reviewed in line with legislative changes and
case law and is also formally reviewed on an annual basis.

11.2 The process used to formally review the policy will include:
 Identification of amendments by Equal Opportunities Co-ordinator, SQS and

37


the Vice Principal in accordance with legislative requirements and good
practice
 Amendments presented to the Equality & Diversity Committee at an
appropriate meeting
 Consultation will take place on the revised draft policy at the Equality &
Diversity Committee

 Consultation will then take place on the revised draft policy by consultation
with trade union representatives
 The draft policy will be passed to College SMT for consideration and
comments
 The draft policy will be passed to the College Governors for ratification
 The final policy will then be published and communicated to all staff

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