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Equality Impact Assessment-Legal & Policy Context

Presented by

Ionann Management Consultants Ltd

Dianna.Yach@ionann.co.uk

January 2008

Qmul-EiaTrng1-80121-SlideShow.ppt

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Dimensions of Diversity

AGE

RACE

DISABILITY

ETHNICITY

GENDER &GENDER ID

SEXUAL ORIENTATION

WORKBACKGROUND

THINKING STYLE

INCOME

PARTNERSHIP/MARITALSTATUS

IMMIGRATION STATUS

VALUESRELIGION

EDUCATION

DEPENDENCY

GEOGRAPHICLOCATION

WORKING STYLE

ACCENT

UNIVERSITY

GRADE

CLASS

LANGUAGE

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Institutional Discrimination The collective failure of an organisation to provide an

appropriate and professional service to people because of their colour, culture, ethnic origin, gender, disability, age, sexual orientation, religion.

It can be seen or detected in processes, attitudes and behaviour which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness and stereotyping which disadvantages people from equality target groups.

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Why do Equality Impact Assessments?

Positive Legal Duties (Race, Disability & Gender)

The University must have due regard to the need to: Eliminate unlawful discrimination & harassment Promote equality of opportunity Promote good relations

between persons of different groups & positive attitudes towards disabled people

Involve disabled people in policy making

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Public Sector Equality DutiesRace, Disability & Gender

Specific Equality Duties Produce Equality Policy & Action Plan Assess & consult on impact of policies Monitor existing policies Monitor key employment processes Publish results of EIAs, consultation & monitoring Train staff to carry out their duties

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Equality Law: Definitions

Discrimination Institutional Direct Indirect

Victimisation

Harassment

Positive action

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EIA

What is it?

Why do it?

Where does it apply?

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The University- as Employer

Recruitment & selection Contracts & part-time working

Performance management Staff development opportunities

Retention & progression Promotion

Disciplinary procedures Harassment & Bullying

Management Working environment

Policy development Procurement

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The University- as Service Provider

Interviewing students Induction

Curriculum content & designTeaching & Learning

Exams & assessment Student support/guidance

Retention & progression Research

Halls of residence Catering

Partners Placements

Business Clients Community Links

Contractors & Suppliers Learning resources

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Screening

Evidence&

Consult

Evaluation&

OptionsPUBLISH

Report&

Action Plan

Monitor,Review,Revise,Repeat!

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DECISION:Is a full EIA necessary?

EIA Process Wheel

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Monitor For Differential ImpactWhat differences are there between groups of students in terms of:Teaching & learningDrop out ratesStudent progression & achievementAssessmentAccess to learning resourcesSupport & guidanceCurricula and other opportunitiesAspiration?

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Monitor For Differential Impact

Are these differences based on objective criteria relating to achievement and/or potential?

If yes, what are they?If no, what will you do to address these differences and by when?

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Monitor For Differential ImpactWhat differences are there between groups of staff in terms of:Recruitment & selectionGrade & positionType of employment contractCareer developmentPromotionTraining & other development opportunities GrievancesDisciplinary proceedingsAspiration?

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Monitor For Differential Impact

Are these differences based on objective criteria relating to achievement &/or potential?

If yes, what are they?

If no, what will you do to address these differences, &by when?

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Do policies, practices or procedures in your area of work help all staff and/or students get as much as they can from what is provided

and achieve as much as they can?

If yes, how do you know?If no, what will you do to improve them and by when?

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Are decisions affecting a person’s programme of study or career based solely on objective

criteria relating to achievement and/or potential?

If yes, how do you ensure this?If no, how do you justify these decisions?

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Practical Implications What is your area of work doing to:

raise achievement levels &tackle inequalities?

promote dignity, courtesy & respect at work & study?

prevent or deal with discrimination

Are the above actions appropriate & effective?If yes, how do you know?If no, what will you do to improve them?

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Vicarious & Personal Liability

The employer will be held to be vicariously liable for all acts of discrimination

carried out by a member of staff unless it can be shown reasonable steps

were taken to prevent it

Individuals may be held personally liable for discriminatory acts

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Tribunal

Tribunal powers

Burden of proof on Employer:in absence of good practice,discrimination may be inferred.

Consider impact of actions - intention is immaterial

Unwitting … only once !

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Who Is Responsible?

University Council/Principal

Heads of Department, School or Institute

Managers & project leaders

All staff

Students

Sub-contractors