The heavily diluted version of the originally proposed Equality Act comes in to force this month, meaning specific changes to the way the public sector deals with both employees and residents.
The seven ‘strands' that are protected by the Act are: disability, gender reassignment, pregnancy and maternity, race, belief, sex, and sexual orientation. The law prohibits direct discrimination against any of these groups, including when someone suffers due to being associated with a protected group (eg the partner of a transgender person), or because they are perceived as belonging to one of the strands (eg the belief that someone is gay or disabled, even though they may not be).
Indirect discrimination, similarly outlawed under the Act, is when a rule or policy disadvantages any of the strands. Employers must now judge whether a policy or practice is likely to disadvantage any particular group, and cannot use lack of funds as a valid reason for failing to address indirect discrimination. This would include practices such as contacting residents by telephone, thus disadvantaging those with hearing difficulties. Indirect harassment is also covered, meaning that an overheard discriminatory conversation in the workplace about any of the strands can still be classified as harassment, even if it was not intended to be heard by the complainant.
The Act introduces the concept of positive action (as distinct from positive discrimination), so that disadvantaged groups can be given extra help and encouragement if the are under-represented in the workplace. However, there is no obligation for employers to do so. Finally, breastfeeding mothers now have the right to breastfeed in any public place and cannot be asked to refrain or to leave if they do so.
It should be noted that all of the references to social class and economic disadvantage were excised from the Act by the Con-Dem coalition. This aspect of the original Act would have obligated councils to ensure that resources were distributed according to socio-economic need and that employers made a conscious effort to recruit from impoverished areas. Teresa May made it clear that she felt tackling social class was ‘silly' and that no such effort would be made by the Con-Dems.
To read more about what the Act will mean to you click here.
