Discrimination and Single Equality Scheme

The Equality Act 2010 shortens the existing laws and puts them all together in one piece of legislation. On the other hand, it makes the law resilient in some areas. This law protects employees from perception in workplace and in the world. Equality Act 2010 replaces all anti-discrimination laws within a single Act. This Act has 116 single pieces of legislations and has been put together into one Act which is known as Equality Act 2010. This Act has started to work in UK and EU in 2010 of October. In this Act it covers the main laws such as race, sex, sexual orientation, disability, religion/belief, age and equal pay.

According to Dessler 2017 Title VII established the Equal Employment Opportunity Commission to administer and enforce the Civil Rights Act at work. The laws that they enforce are as followed; Equal Pay Act of 1963, Age Discrimination in Employment Act of 1967, Vocational Rehabilitation Act of 1973, Pregnancy Discrimination Act of 1978, Federal Agency Guidelines, Civil Rights Act of 1991, Americans with Disability Act, and State and Local Equal Opportunity Laws. Dessler 2017 went into depth about each of these laws and there definitions that are about to be discussed. Equal Pay Act of 1963 states that it is unlawful to discriminate in pay on the basis of sex when jobs involve equal work; require equivalent skills, effort, and responsibility; and are performed under similar working conditions. Age Discrimination in Employment Act of 1967 made it unlawful to discriminate against employees or applicants who are between 40 and 65 years of age. The Vocational Rehabilitation Act of 1973 requires employers with federal contracts of more than $2,500 to take affirmative action in employing handicapped persons. Pregnancy Discrimination Act of 1978 prohibits using pregnancy, childbirth, or related medical conditions to discriminate in hiring, promotion, suspension, or discharge, or in any term or condition of employment. “Furthermore, under the act, if an employer offers its employees disability coverage, then it

| in addition to age, under the Equality Act people cannot be discriminated against as a result of any of the other ‘protected characteristics’. These are: disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

1.3 The legislation relating to equality, diversity and inclusion, stems both from UK government and European union. It offers protection from discrimination on grounds of age, disability, gender, race and ethnic origin, religious faith or belief and sexual orientation. The legislation has implications on all workplaces, in terms of employment practice and in terms of the services provided. Compliance with the legislation must be embedded in your Equality, Diversity and Inclusion policies.

The Equality Act (2010) is thought to be one of the most significant acts in promoting anti discriminatory behaviours by both employers and companies along with the rest of society. The Equality Act (2010) covers the Sex discrimination act, race relations act and also the disability discrimination and 6 other acts and regulation all in one and so this make it easier for everyone to understand their responsibilities and shows them how everyone is entitled to dignity and respect and gives individuals, greater protection from discrimination and to protect and also promote a fair and equal society (please see reference below).

This act applies for both men and women. It promotes that both men and women should be treated equally. For example, in transport, education, jobs etc. It promotes anti-discriminatory practice by making sure those men and women are treated equally, if this act applies didn’t exist, men and women may be deprived of certain choices. This act includes any discrimination against homosexual marriages or civil partnerships, any discrimination against pregnant women and maternity leave, also about equal pay for both men and women.

The legalisation relating to equality, diversity and inclusion originated from the UK government and the European Union. It offers protection from discrimination on disability, age, gender, race and ethnic origin, religion and sexual orientation. The legalisation has implication on all workplaces not only in health and social care.

There are several perspectives from which you can observe and approach this argument. The difference between protecting workers and discriminating against them falls into a gray area that is subject to interpretation. The two regulations that I will reference in this paper are the Pregnancy Disability Act and the Americans with Disabilities Act Amendments Act of 2008. I will also argue in favor of using the Family

Sex Discrimination Acts and the Racial Discrimination Acts - These acts and protect staffs from being discriminated based on the gender and different racial background.

Both racism and disability discrimination directly linked into the health and social care in the sense that it also protects patients and health care professionals. The Race Relation Act (2000) ensures that employers and health organisations are not allowed to refuse work or health care purely on race. There should be a valid and logical reason if a health care professional was refused work or a patient to be refused treatment.

The Pregnancy Discrimination Act is designed to protect employees from any type of discrimination which includes hiring, promotions, job responsibilities, layoffs, benefits, and any other terms of employment. Employers are required by law to provide accommodations to women experiencing a medical condition related to the pregnancy that stops them from performing their usual job responsibilities. The Pregnancy Discrimination Act amended Title VII of the Civil Rights Act of 1964 that prohibits sex discrimination on the basis of pregnancy. This act also covers childbirth and related medical conditions. By law, pregnancy is considered to be a temporary disability and pregnant employees must be reasonably accommodated and treated by employers as

The ‘Disability Services Act 1986’ is a law that aims to support people with disabilities in receiving services. The law protects the rights of people with disabilities in regards to basic opportunities, services and pursuit of grievances. It is only accessible through organisations that it affects, such as the NDIA. The Act is protected under Chapter 2 of the Criminal Code, however the enforceability is not enacted upon as there is no active check on services and organisations. However, access may be denied to people with a criminal record. Overall, this law is efficient in trying to achieve justice in writing, however the implementation of it is not effective. The Act offers more of a guideline to organisations, with no active monitors to check these actions. It was also made in 1986, meaning that it may not be suitable for meeting current society’s needs and is in need of amendment. A second legal response that has been implemented is the ‘Disability Discrimination Act 1992’. This Act makes it unlawful for discrimination against a disabled person in the workforce, and allows for complaints to be lodged, protecting individual rights. The law is accessible, applying to all states in Australia. Furthermore, the Act states “The DDA does not require the provision of access to be made if this will cause major difficulties or excessive costs to a person or organisation.” (Australian Human Right Commission, 2018). This clause does not achieve justice for many people with disabilities as the law may be used against them by employers and prevent a work placement. In terms of enforceability, “The legislation did not create any enforceable rights or duties only a power for the Commission to investigate complaints… and report to Parliament on matters that could not be resolved.” (Ozdowski, 2003). This is not effective or responsive, as the Act only enables a complaints system

The Equality Act passed in 2010 prevents employers from discriminating against employees based on their physical or in other cases mental disability. According to the Equality Act of 2010, it is primarily illegal for an employer to discriminate against an employee or a qualified candidate based on the physical disability (Lockwood, Henderson & Thornicroft, 2012). The ADA is also another act passed in 2010 that protects all qualified job applicants against any sort of discrimination based on their disability. ADA makes it illegal for any employer to discriminate qualified individuals with disabilities in cases of job recruitment, hiring, compensation, job training, advancements, as well as other job opportunities (Bowman, 2011). As

One characteristic that the Equality Act protects is age and this is because of the fact that employers should not be discriminating against individuals as a result of their age group. (Source: Nursing Times 18.01.11/ Vol 107 No 2/ www.nursingtimes.net). Another characteristic that the Equality Act protects are disabilities. Within disabilities, the act protects those who have physical or mental impairments. (Source: Nursing Times 18.01.11/ Vol 107 No 2/ www.nursingtimes.net). Therefore, if a child in school had a disability, they should still be treated equally and fairly by the staff members. Another characteristic that the Equality Act protects are gender reassignments. This means that people in health and social care settings should respect those individuals who have already undergone the process or are thinking about undergoing the process. (Source: Nursing Times 18.01.11/ Vol 107 No 2/ www.nursingtimes.net). For example, doctors who are treating those individuals who are undergoing gender reassignment have to respect and understand them and not judge them. Another characteristic protected by the Equality Act is relationships and this means that those who are in civil partnerships are protected from discrimination of any sort. (Source: Nursing Times 18.01.11/ Vol 107 No 2/ www.nursingtimes.net). For example, if there was a child at a nursery whose parents were in a civil partnership, the nursery staff and other parents should treat them equally and not use

In health and social care individuals have to be trained the anti-discriminatory act and they must keep up to date with changes. Changes are always made and new rules are applied. The Disability discriminatory act 2005 is set out to protect those individual who have faced and prejudice and discrimination against their learning disability or disability. In health and social care we need to be aware not to judge or make any offensive comment about an individual with a disability. This can make an individual feel different and can hurt their feelings. The weakness of discriminating an individual judging on their disabilities can make an individual feel like they are