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Managing Diversity

Managing Diversity. By Tove Steen Sorensen-Bentham Brighton Business School. How prepared are you? Exercise in racial equality. Have you carried out an audit of all your employees, by grade, type of contract, pay and other benefit, and by ethnic group?

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Managing Diversity

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  1. Managing Diversity By Tove Steen Sorensen-Bentham Brighton Business School

  2. How prepared are you?Exercise in racial equality. • Have you carried out an audit of all your employees, by grade, type of contract, pay and other benefit, and by ethnic group? • Have you compared the workforce data with data about make-up of the population from which you normally recruit – are there any significant disparity between ethnic groups? • Do you check for disparities in the success rate of applicants, internal and external, from different ethnic groups at all stages of the recruitment process?

  3. Have you revised any policy or practice that puts employees or prospective employees from ethnic minorities at disadvantage? • Have you considered using positive action measures to address under-representation of people from particular ethnic groups? • What do you understand ‘positive action’ to be? • Do you regularly or ever review staff management, training, appraisal and discipline, and ensure that any changes you make to your recruitment and selection policies, procedures and practices are understood and implemented throughout the organisation. • Are you familiar with any Commission for Racial Equality (CRE) guidance?

  4. What is diversity • Addressing inequality; • Recognising and valuing differences; • Meeting the needs of an increasingly diverse population; • Acting in accordance with legislation (Audit Commission – Directions in Diversity. 2002)

  5. The Disability Discrimination Act (DDA) 1995 The Race Relations (Amendments) Act 2000, which strengthen and extends the 1976 Race Relations Act. European Directives –Treaty of Amsterdam Art 13, forbid discrimination on grounds of religion or belief, disability, age, sexual orientation, and ethnic origin. Important legislation

  6. Other influencing factors • Lord Scarman’s Report 1981- The Brixton Riots • Macpherson’s Report 1999 – The Stephen Lawrence Inquiry • Commission for Racial Equality (CRE) • The Disability Commission • The Government’s modernisation agenda • The Socio-economic and demographic make up of Britain

  7. What is Diversity? • Lack of shared definition – leads to lack of direction (vision) • Lack of direction – leads to lack of agreed outcomes • Lack of agreed outcomes – leads to lack of strategy • Lack of strategy – leads to lack of monitoring, measurement and sustainability

  8. The Race Relations (Amendment) Act 2000. • Purpose: The Race Relations Act makes it unlawful to discriminate against anyone on grounds of race, colour, nationality (inc. citizenship), or ethnic or national origin. • The Amended Act applies to all public services and imposes positive duties on many public authorities to promote racial equality and prevent racial discrimination with regards to – • jobs • training • housing • provision of goods, facilities and services.

  9. Schedule 1 A – the Act covers most public bodies inc the NHS, local authorities etc • However, also covered are the functions of these public authorities which have been contracted out to private or voluntary organisations, as the public authorities still remain responsible. Considerations should therefore be given to how that duty is being exercised when functions are discharged through others not covered by the Act e.g. through the contract. • Partnership working between public authorities and other public, private or voluntary sector organisations need to take into consideration the extent to which the General Duty can be applied. If all organisations are covered by schedule 1A the duty applies to all deliberations, policies, actions and decisions of the partnership. If only some are covered, then these organisations have to ensure that the duty is applied where relevant to the activities carried out by the partnership.

  10. The Commission for Racial Equality (CRE) Was established by the 1976Race relation Act. The Commission has the power to provide advice and assistance to individuals taking or considering taking cases to courts or tribunals. Additionally, the Commission also have its own law enforcements power with regards to the Duties outlined in the Race Amendments Act.

  11. The General Duty: • Has to be an integral part of any function where racial equality is relevant. This involves a proactive process for each public body to define its functions and subsequently assess the impact that function will have on racial equality and if there is going to be an impact it needs to propose and establish actions to address the identified inequality. Detailed guidance can be found in The Commission for Racial Equality (CRE) standards for employers, local authorities etc

  12. Code of Practice • Most public services have a legal duty to promote race equality, tackle racial discrimination and encourage equal opportunities and good race relations. Normally found in their race equality scheme. • Public authorities have to ensure that their services are fair and open to everyone in the communities they serve – and that everyone knows about them • Need to consult on their plans and policies and regularly check that activities are not having a negative effect on people from ethnic groups. • Have to be able to show that their employment practices are fair and that they are a good employer to work for. • Have to publish reports about what they have done to meet their legal duty

  13. Enforcement • CRE has been given the authority to serve complience notices and can apply to the High Court for a judicial review of a public authorities failure to comply. CRE also has the power to formally investigate any functions of public authorities.

  14. Direct Discimination • When a person inc. public authority on racial grounds treat someone less favourably than others in similar situations. Eg. refusing to provide medical services to black patients, refusing black parents to become foster parents, give less benefit to black people

  15. Indirect discrimination • When conditions, which is applied equally to everyone can be met by a considerably smaller proportion of people from a particular racial group and this is to their disadvantage and this cannot be justified. A school’s catchment area is drawn in such a way that an estate with a high proportion of black children are excluded.

  16. Racial prejudice • The law offer no protection against this, as it deals with the actions and effect of these of individuals and not with attitude or opinion.

  17. Positive Action • The Act (section 35, 37-38) allows for certain positive actions to be used to promote racial equality. It is therefore lawful to make services and facilities available to people from a specific racial group in order to meet their need for training, education or welfare. E.g language classes, specific targetted health services to difficult to reach groups and training to groups, which is underrepresented in certain kinds of work. • However, it unlawful to set aside quota of jobs for people from groups, which are under-represented. When the under-representation no longer exist or special needs have been met, it might become unlawful to use the positive action in schedule 35, 37-38.

  18. Liability • According to section 32 the employers are liable for unlawful discrimination by their employees, even if the employers did not approve or even know about the acts in question. However, employers will not be liable if they can prove that they took such steps as were reasonable practicable to prevent discrimination e.g. if they have followed the CRE’s statutory codes of practices in employment or adopted any of the published standards.

  19. CRE’s five principles for good race relations • Equality: equal rights and opportunities for everyone in all areas of activity. • Respect: acceptance of the individual right to identify with, maintain and develop one’s particular cultural heritage, and to explore other cultures. • Security: safe environment, free from racism, for all. • Unity: Acceptance of belonging to a wider community, and of shared values and responsibilities, rooted in common citizenship and humanity. • Cooperation: interaction by individuals and groups to achieve common goals, resolve conflict, and create community cohesion.

  20. Reading list • www.homeoffice.gov.uk/raceact/welcome.htm • www.official-documents.co.uk/document/cm42/4262/4262.htm • www.cre.gov.uk • www.audit-commission.gov.uk • The Stephen Lawrence Inquiry. TSO CM 4262-I 1999.

  21. Self-assessment of functions covered by the General Duty: • Step 1. Which functions are covered by the requirements of the general duty? • Make a list of all your statutory powers and duties under the relevant legislation. • Identify those functions, which involve the public, or have consequences for them. • Obtain data on the relevant population, classified by ethnic group, for each function. • Identify the users, or potential users, of the facilities and services you provide, by ethnic group, and ask whether any of them have particular needs or different priorities. • Prioritise your functions in order of their impact, or potential impact, on ethnic minorities.

  22. Step 2. How should you measure the impact of your policies and procedures on racial equality? • Draw up a list of the aims and objectives of each of the functions listed in step 1. • Check whether the policies affect all ethnic groups equally, look for significant differences between the population data for different ethnic groups and the data on people affected by each policies. • Establish the reasons for any differences. • Set up ethnic monitoring systems so that you regularly can review the impact of your policies and any changes you make to them on racial equality.

  23. Step 3. Assessment of impact of new/proposed policies • Be clear about aims and objectives for each function • Be clear about the groups that are intended to benefit from or will be affected by the proposal. • Check with the findings/research/complaints/litigation of your own authority • Consult with people, who will be affected by your policies Source: http://www.dh.gov.uk/assetRoot/04/08/28/86/04082886.PDF

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