What do I need to know about Equality and Diversity?
All public bodies, including schools, are subject to guidance, statutory and legal duties around the areas of equality and diversity.The Race Relations Act 1976 forms the legal foundation of protection from racial discrimination in the fields of employment, education, training, housing and the provision of goods, facilities and services. The Race Relations Amendment Act 2000 requires named public authorities to review their policies and procedures; to remove discrimination and the possibility of discrimination; and to actively promote race equality.
The Race Relations (Amendment) Act (2000) gives schools a statutory general duty to promote race equality. The aim of the duty is to:
- eliminate unlawful discrimination
- promote equality of opportunity
- promote good relations between people of different racial groups
Discrimination on religious grounds is illegal in the workplace. The Employment Equality (Religion or Belief) Regulations 2003 came into force on 2 December 2003. The Regulations serve to promote equality and prohibit discrimination on the grounds of 'religion or belief'. It is also unlawful to discriminate against a person for not having a specific religion or belief.
Age Discrimination Law came into force in October 2006 The Regulations provide protection against age discrimination in employment, training and adult education, for people of all ages.
Since December 2006, there has been a legal duty on all public sector organisations to promote equality of opportunity for disabled people.
The Gender Equality Duty came into force on 6 April 2007. All public authorities (including schools) must demonstrate that they are promoting equality for women and men and that they are eliminating sexual discrimination and harassment. They are also required to have a gender-equality scheme in place by the end of April 2007
Part 2 of the Equality Act 2006: Discrimination on Grounds of Religion or Belief came into force on 30 April 2007. The provisions of the Act make discrimination in the area of goods, facilities and services on grounds of religion or belief unlawful.
For schools this means admissions, benefits and services for pupils, and treatment of pupils. For local authorities the provisions extend to the exercise of their functions.
Schools have a duty to promote equality of opportunity for all students and staff, regardless of their sexual orientation, race, religion or disability. This promotion of equality should be enshrined in school policies on equal opportunities, behaviour and the curriculum.
Public Sector Equality Duty.
The equality duty was created by the Equality Act 2010 and replaces the race, disability and gender equality duties. The duty came into force in April 2011 and covers age, disability, gender, gender reassignment, pregnancy and maternity, race, religion or belief and sexual orientation. It applies in England, Scotland and in Wales. The general equality duty is set out in section 149 of the Equality Act. In summary, those subject to the general equality duty must have due regard to the need to:
• Eliminate unlawful discrimination, harassment and victimisation
• Advance equality of opportunity between different groups
• Foster good relations between different groups
The duty to have due regard to the need to eliminate discrimination also covers marriage and civil partnership. The Equality Act also gives Ministers the power to impose specific duties through regulations. The specific duties are legal requirements designed to help those public bodies covered by the specific duties meet the general duty.
Please note: the Government Equalities Office (GEO) has announced that the government's draft regulations on the specific duties for England (and non-devolved bodies in Scotland and Wales) have been revised and they did not become law on 6 April, as originally envisaged.
General Equality Duty.
In summary, those subject to the equality duty must, in the exercise of their functions, have due regard to the need to:
• Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act.
• Advance equality of opportunity between people who share a protected characteristic and those who do not.
• Foster good relations between people who share a protected characteristic and those who do not.
These are sometimes referred to as the three aims or arms of the general equality duty.
In order for organizations to actively promote equalities there has to be an understanding of the issues. There has to be an agreed approach and a common understanding. The Equality and Diversity Shop aims to enable this common vision and facilitate active promotion through positive training and consultancy.
