Equalities: the six strands
Why do we need equalities?
Equality is not about everyone being the same, but about appreciating the ways people are different. The aim of equality practice is having people deal fairly with one another, allowing differences to inform good practice, and not putting one group at a disadvantage compared to another. At the moment, a number of groups suffer disadvantage because of their characteristics. They include gypsies/travellers, older people, people who are unemployed, minority ethnic groups, and women, to name only a few.
Gender
The Equal Opportunities Commission has said it believes it will be 200 years before women become as influential as men in politics. Women experience more ill health during their lives than men, and their health is adversely affected by exposure to poverty, childbearing and old age. Levels of depression are highest among mothers of young children, lone parents and those who are not economically active.
• 43% of women and only 10% of men in employment work part-time (Facts about Women and Men in Scotland)
• 57% of mothers of under fives are in employment, compared with 91% of fathers of under fives. (Facts about Women and Men in Scotland)
Two main pieces of legislation deal with sex discrimination. They are the Equal Pay Act 1970 (EqPA) and the Sex Discrimination Act 1975 (SDA), amended in 1999 to include transsexual people.
The SDA prohibits discrimination in
• education
• housing
• provision of goods, facilities and services
• employment.
It does not prohibit discrimination in terms and conditions while in employment, which are covered by the EqPA. The SDA covers several types of discrimination including sex, gender reassignment, married persons and victimisation. However, it only covers direct discrimination.
The EqPA was enacted to eliminate discrimination in pay and other terms and conditions between men and women who are doing equal work.
In April 2007 the Gender Equality Duty came into force. It requires public bodies to work proactively to promote equality and eliminate discrimination in all their functions, including partnership activities.
Disability
In 2001 20% of the Scottish population reported having a long-term health condition or disability. 58% of disabled people have no educational qualifications compared to 24% of non-disabled people.
The scope and level of aspirations among disabled 16 year olds are similar to those of their non disabled counterparts. Three fifths of each group want to stay on in education, between on-quarter and one-third are aiming for a professional qualification. (Joseph Rowntree Findings Nov 05)
Despite these similar aspirations, the experience of disabled and non disabled young people diverge sharply in early adulthood. Three fifths of non disabled young people report that they have the education or training place or job they want after finishing compulsory education, whereas just over half of disabled youngsters said the same. (Joseph Rowntree Findings Nov 05)
At the age of 18/19 the highest qualification of 48 per cent of disabled young people is at the equivalent of NVQ level 1 or below (GCSE grades D-G or below), compared with 28 per cent of non disabled young people. (Joseph Rowntree Findings Nov 05)
At age 26, disabled people are nearly four times as likely to be unemployed or involuntarily out of work than non disabled people. Among those who are in employment, earnings are 11 per cent lower than for their non disabled counterparts with the same level of educational qualifications. (Joseph Rowntree Findings Nov 05)
The Disability Discrimination Act 1995 (DDA) prohibits discrimination against disabled people. This means it prohibits unjustified less favourable treatment of a disabled person for a reason that relates to the person’s disability. It prohibits discrimination in:
• employment
• education
• provision of goods, facilities and services, and (to a limited extent) public transport
• disposal or management of premises.
From October 2004 amendments came into force to implement the Equality and Race Directives 2000. A major change was to prohibit direct discrimination in disabilities in similar terms to the Sex Discrimination Act. The amendments introduced the concept of harassment related to disability, and brought into the scope of the Act previously excluded occupations including the police, fire fighters and prison officers.
The Disability Equality Duty requires public bodies to work proactively to promote equality and eliminate discrimination in all their functions, including partnership activities.
Religion/belief
Sikhs are most likely of all people aged 16-74 to have no educational qualifications or qualifications not listed in the Census. Hindus have the highest proportion of people with a degree level qualification (57%).
The Employment Equality (Religion or Belief) Regulations 2003 prohibit direct or indirect discrimination or harassment on the grounds of religion or belief in employment or in vocational training. This includes discrimination on the grounds that an individual has no particular religion or belief. The regulations do not, however, cover education, housing or provision of goods, facilities and services. In this they are unlike the Sex Discrimination and Race Relations Acts.
Ethnic origin
Bangladeshi and black Scottish/ Other black people have the highest incidence of long term illness or disability in the 16-24 age group.
It is common for people in all four ethnic groups to conceal their ill health, and so delay or refuse help, due to strong societal pressures to be ‘normal’. (Joseph Rowntree Findings April 2007)
Having relevant qualifications improve job prospects for everyone, but this effect is particularly pronounced for ethnic minorities. Thus, investment in education for those groups promises a high return in employment terms. (Joseph Rowntree Findings April 2007)
The Race Relations Act 1976 (RRA) makes race discrimination and harassment unlawful. It was amended in 2000 and again in 2003. It is concerned with actions and the effects of actions, rather than with opinions. It prohibits discrimination in
• employment
• housing
• provision of goods, facilities and services
• education.
It also prohibits discrimination in the exercise of some other public functions. This was the first Act to introduce a positive duty on bodies, requiring them not just to avoid doing certain things but to be able to demonstrate positively the measures they had taken to comply with the Act.
The Act places a general duty on specified public authorities to work towards:
• eliminating unlawful discrimination
• promoting equality of opportunity
• promoting good relations between persons of different racial groups in carrying out their functions.
This includes things like preparing and publishing a Race Equality Scheme. This describes how race equality will be built into the public body’s functions and activities, and explains how the body will meet general and specific statutory duties. It is worth noting that if a public body has a contract or other arrangement with a private company or voluntary organisation to carry out any of its functions, the duty applies to these functions also.
Sexual orientation
LGBT people are at greater risk of homelessness and rough sleeping. Older LGBT residents may face particular problems in relation to supported or sheltered accommodation. LGBT residents may also be at greater risk of being victims of anti social behaviour. (R&I Housing Framework EQIA 2007)
There is little information on the health needs of LGBT people except around HIV issues. A Glasgow report found that service providers fail to address the specific needs of lesbians and gay men experiencing social exclusion and poverty.
The Employment Equality (Sexual Orientation) Regulations 2003 prohibit direct or indirect discrimination or harassment on grounds of sexual orientation in employment or in vocational training. The regulations are very similar and follow the same general pattern as those on Religion or Belief. Like them, they do not cover education, housing or provision of goods, facilities and services. One controversial aspect of these regulations is the question of how far religious organisations will be able to restrict employment to people of their own faith on grounds they are gay or lesbian.
Age
Older people in Scotland live in poorer housing, are more likely to experience poor health, live on lower incomes and experience age discrimination in seeking employment.
Nearly 8% of boys and 7% of girls are now classed as obese, heralding problems in later life.
The European Convention Employment Directive, which came into force in December 2006, requires member States, including the UK, to prohibit age discrimination. The regulations prohibit direct or indirect discrimination or harassment on grounds of age in employment or in vocational training. It does not cover education, housing or provision of goods, facilities and services.
