Equality and diversity policy Introduction Adoption UK is committed to eliminating discrimination and encouraging diversity among our workforce. Our aim is that our workforce will be truly representative of all sections of society and each employee feels respected and able to give of their best. This will enable us to serve our members and service users more effectively, recognising and celebrating their diversity and avoiding any discrimination or exclusion. Adoption UK seeks to carry out its work in an inclusive and non-discriminatory way. To that end, it is important that our employment practices and our approach to members and other service users accord with the aims of this policy. Our internal practices will influence how our employees interact with one other and with service users. Equality and fairness for the workforce will help to dispel inequality and discrimination in our wider dealings. To that end, the purpose of this policy is to ensure equality and fairness for all in our employment and not to discriminate on grounds of gender, marital status, race, ethnic origin, colour, nationality, national origin, disability, sexual orientation, religion or age. We oppose all forms of unlawful and unfair discrimination. All employees, whether part-time, full-time or temporary, will be treated fairly and with respect. Selection for employment, promotion, training or any other benefit will be on the basis of aptitude and ability. All employees will be helped and encouraged to develop their full potential and the talents and resources of the workforce will be fully utilised to maximise the efficiency of the organisation. Commitment Equality and diversity are central to the work of Adoption UK. Our commitment is as follows: To create an environment in which individual differences and the contributions of all our staff are recognised and valued. To tackle social exclusion, inequality, discrimination and disadvantage among our membership and service users. Every employee is entitled to a working environment that promotes dignity and respect to all. No form of intimidation, bullying or harassment will be tolerated. Training, development and career progression opportunities are available to all staff. Equality in the workplace is a good management practice and makes sound business sense. We will review all our employment practices and procedures to ensure fairness. Breaches of our equality policy will be regarded as misconduct and could lead to disciplinary proceedings The policy will be monitored and reviewed annually. 1 Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM) For this policy to be successful, it is essential that everyone is committed to, and involved in, its delivery. This policy is fully supported by senior management and the Board of Trustees, and has been developed and agreed with the involvement of Adoption UK’s staff. Adoption UK aims to embed this in all its policies, procedures, day-to-day practices and external relationships. Aims Adoption UK aims to: Provide services that are accessible according to need. Promote equality of opportunity and diversity in volunteering, employment and development. Create effective partnerships with all parts of our community. Objectives Adoption UK’s objective is to realise its standards by: Sustaining, regularly evaluating and continually improving its services to ensure equality and diversity principles and best practice are embedded in our performance to meet the needs of individuals and groups. Working together with the community to provide accessible and relevant service provision that responds to service users’ needs. Ensuring trustees, employees (including self employed), volunteers, and trainers are representative of the community served and the employment policies are fair and robust. Responding to trustees, employees’, trainers’, and volunteers’ needs, and encouraging their development to increase their contribution to effective service delivery. Recognising and valuing the differences and individual contribution that all people make to the organisation. Challenging discrimination. Providing fair resource allocation. Being accountable. Why have this policy? Adoption UK recognises, respects and values diversity in its staff, membership and service users. Adoption UK has this policy because it is a people-led organisation that must always ensure it meets the needs of its staff and membership through fair and appropriate employment and development of the people who work and volunteer for Adoption UK and for the people who receive support and services from it. The business case for diversity The business case for diversity is also quite clear. By sweeping away discrimination, Adoption UK will: 2 Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM) maximise its the pool of potential job applicants and improve its chances of recruiting the right person first time, every time be seen as an excellent employer where vacancies (for trustees, employees, sessional work or volunteers) are much sought-after, thus reducing the costs of recruitment and improving retention make more effective use of staff resources, improve workforce morale, reduce staff turnover, sickness and absenteeism gain goodwill in the community and improve its profile locally, regionally and nationally increase sales through developing and improving links with new customers and clients from minority communities develop the capacity of the workforce to do business with all sections of the community through improved communication and understanding provide better services for the membership, other service users, and stakeholders, responding effectively to change in our operational environment and become the adoption support provider of choice utilise untapped resources including language skills and connections with other countries, cultures and races comply with legislation. Background The law This policy will be implemented within the framework of the relevant legislation, which includes: Equal Pay Act 1970 (Equal Value Amendment 1984) Rehabilitation of Offenders Act 1974 Sex Discrimination Act 1975 (Gender Reassignment Regulations 1999) Race Relations Act 1976 Disability Discrimination Act 1995 The Protection from Harassment Act 1997 Race Relations (Amendment) Act 2000 Race Relations Act 1976 (Amendment) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 Employment Equality (Religion or Belief) Regulations 2003 Disability Discrimination Act 2005 Employment Equality (Age) Regulations 2006 Action plan to deliver Adoption UK’s Equality and Diversity Policy Equality training Training on equality and diversity should be an integral part of all the Trustee, staff, volunteer and trainer training that we do. Similarly, all the training that we do should be reviewed to ensure that it is appropriate to the diverse range of families and service users that we work with. 3 Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM) Adoption UK will develop and/or ensure the delivery of specific equality and diversity training to all staff that includes the following: Ensuring staff are aware of our equality and diversity policy and what it means for them, including an explanation of the approach we will be taking to equality and why it is important for them. The business case for equality. The law and what this means in practice. The roles and responsibilities of staff in making the policy work. Adoption UK’s policy for dealing with bullying and harassment. The provision of written materials to reinforce and support the training. Specialist guidance for staff involvement in recruitment and selection of other staff, or who are involved in the management of staff, etc. An opportunity for staff to raise any concerns. The training will be delivered by an appropriate professional (such as someone with relevant HR and/or equality/diversity expertise), or a senior member of management who is familiar with equality/diversity matters or has been trained in them. In addition, Adoption UK will: Monitor staff access to, and take up of, training opportunities Management and staff responsibility Overall responsibility for the implementation of this policy and action plan lies with the Chief Executive. The table in Appendix 2 outlines specific action points and areas of individual responsibility, with appropriate timescales. Key areas of equality and diversity Recruitment, induction and staffing Equality and diversity issues are well covered in Adoption UK’s Recruitment and Selection Policy – see further. However, we need to build on the good practice set out in the above policy, and also monitor whether we are living up to its standards. Adoption UK will: Survey the diversity of the existing workforce, in relation to age, race, religion, culture, ethnicity, national origin, disability, gender, sexuality, marital status Introduce a system for equal opportunity monitoring and reviewing of recruitment and selection processes – for trustees, employees, volunteers and trainers. 4 Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM) Trustees – actively advertise and recruit in a wider range of diverse publications, so as to increase the representation of BME parents, and other under-represented groups, as our Trustees. Employees (including self employed)– ensure all vacancies are advertised in appropriate publications that ensure we reach into a diverse population Trainers – actively advertise and recruit in a wider range of diverse publications, so as to increase the representation of BME parents, and other under-represented groups, as our Trainers. Volunteers – actively advertise and recruit in a wider range of diverse publications, so as to increase the representation of BME parents, and other under-represented groups, as our Volunteers. Equal pay Since April 2008, Adoption UK has operated an open and transparent salary policy and structure, based on a job evaluation scheme. For further information, see Adoption UK’s full salary structure policy. At the time of development, it was reviewed by an HR professional and was found to be compliant with equal pay legislation and requirements. No bonuses, or discretionary payments, or performance-related pay, are included as part of Adoption UK’s reward system, so it is not believed there is a need to carry out an equal pay audit. Should the salary structure change significantly, then an equal pay audit will be carried out, and any necessary changes made. Harassment (including bullying) Adoption UK is committed to preventing unacceptable behaviour at work. This is covered separately under Adoption UK’s Harassment Policy – see further. Adapting working practices The Disability Discrimination Act requires employers to make “reasonable adjustments” to their working environment to give employees or potential employees with disabilities equal opportunities. Health and safety assessments of employees are carried out under Adoption UK’s Health and Safety Policy and any reasonable adjustments will be made. In some situations, the reasonable adjustments may include re-deploying employees to a different type of work, if necessary and possible. In considering what reasonable adjustments should be made, it may be necessary for an occupational health assessment to be carried out, to ensure that the future working environment will be appropriate. Adoption UK will: Respond sensitively and appropriately to all requests for reasonable adjustments to the working environment or working practices due to disability. Respond sensitively to the religion or beliefs of their employees, and will provide, eg, prayer rooms, time off to observe religious festivals, flexible dress policies, etc, as appropriate. Flexible working 5 Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM) Adoption UK operates flexible working practices, as appropriate. All employees are entitled to make a request for flexible working. The procedure and decision-making process for this are set out in Adoption UK’s Staff Handbook. Membership and service users To be a thriving membership organisation, it is vital that Adoption UK acknowledges and responds to the diversity of society and thus the organisation’s membership of prospective adopters and adoptive parents. The equality and diversity aspects of our membership and service user work is complicated by the complex nature of adoption practice itself. First, contemporary adoption is foremost about meeting the particular and special needs of children traumatised by their early experiences of abuse and/or neglect. Many will be suffering from developmental trauma and many will also have clearly diagnosed conditions, illnesses or disabilities, which may be a key reason for their adoption and/or a direct consequence of the harm they have experienced in their early lives. Secondly, children from black and minority ethnic (BME) backgrounds are over-represented in the care system and when it comes to children being placed for adoption. The children in care statistics for England for 2008/09 show that 76% of children were white, 8% were from a mixed race background, 5% were Asian or British Asian, 7% were Black or Black British, and 3% were from other ethnic groups. In relation to adoption, 82% of children were white, 12% were mixed race, 2% were Asian or Asian British, 3% were Black or Black British and 1% were from other ethnic groups. This has changed significantly in the last five years in that in 2005, 86% of children adopted from care were white. Thirdly, there is a shortage of potential parents from BME backgrounds available to be matched with children in care from similar backgrounds (and historically adoptive parents were drawn from largely white, middle class backgrounds, although in the last decade this has begun to change). Fourthly, adoptive parents may sometimes be seen to come largely from a “middle class” socioeconomic background, with the implication that their tastes, moral values, level of education or income, may not be representative of wider society. This may sometimes be in stark contrast to the socio-economic backgrounds of children in the care system for whom adoptive placements are being sought. It also applies to many intercountry adoptions, with the added complications of language, cultural and nationality/ethnicity differences between the adopted child and their new family. This presents a number of points and challenges for Adoption UK to consider and overcome: The need to ensure membership of Adoption UK is seen as attractive and valuable to those who have an interest in adoption in all parts of society, even though the population of adoptive parents itself may not be fully representative of the diversity of society (which fact is outside Adoption UK’s control). 6 Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM) Irrespective of the above point, adoptive parents will be a diverse group and Adoption UK must ensure it meet a wide range of needs, yet due to the mismatch between children and potential parents identified above, adoptive families can, perhaps paradoxically, have a more complex diversity than mainstream society. For instance, BME children may be placed with white parents, or BME children from one background may be placed with BME parents from another background. In addition, it is increasingly common for adoptive parents to be gay/lesbian/transsexual (either as a single person, or as a couple (civil registered or not)), be single adopters or unmarried couples (irrespective of sexual orientation).Yet at the same time, we know from our support work that these groups, as well as potential parents with disabilities, are regularly discriminated against in the adoption system, where there can still be the perception that what is best for a child is a heterosexual married couple. Adoption UK needs to be able attract those in the adoption community who come from all socio-economic backgrounds, irrespective of their income, tastes, beliefs, or level of education; even though agencies who place children for adoption may unwittingly favour parents from a narrow range of backgrounds. This will have implications for what we charge unwaged and low income families for our services (and how accessible those services are when transport costs are added), as well as how we present ourselves as an organisation. Therefore, it is important that Adoption UK takes positive action to encourage not only membership of the organisation from these diverse groups, but also to challenge the discrimination in the system and encourage potential parents from these groups to consider adoption. To do this, Adoption UK will: Communications (including membership communications) Advertise its membership services in media/publications that ensure it reaches BME parents, gay/lesbian parents, single parents, disabled parents and those on low incomes Ensure media and promotional materials are representative of diversity within society, including ensuring messages are accessible to all (eg, use of spoken word for people with low literacy skills, or hearing difficulties). Ensure media work responds to equality and diversity issues, as appropriate, including highlighting discrimination within adoption services. Analyse promotional work and responses to it, and also attendance at Adoption UK events, to ensure that it is reaching a diverse range of audiences. Information and advice Ensure all those who are involved in the provision of information and advice to the membership/general public are aware of the organisation’s policy on supporting those who speak English as a second language, who may be visually impaired, or who have partial or total hearing loss, etc, or disabilities that may affect their ability to communicate. See summary document in Appendix 3. Ensure provision of information and advice to the membership/general public in Wales is produced in accordance with our Welsh Language Scheme. 7 Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM) Review all our existing information (eg, leaflets, publications, magazines, factsheets, training materials – both written and illustrative) to ensure that it is appropriate to a diverse range of audiences. Research and develop an information programme that looks to address and produce materials for a diverse range of families, utilising a range of media, including audio/visual media for those with low literacy skills, or sensory/communication difficulties. Ensure Adoption Today and Online Community are appropriately and representatively covering equality and diversity issues in their output. On a quarterly basis, produce a summary of the children profiled in Children Who Wait, that includes analysis of the diversity of children being featured. Membership Regularly analyse the existing make-up of our membership, as a means of measuring whether we represent the diversity of adoption/society. Use existing marketing budgets to raise our profile and recruit/retain members from a diverse range of families. Support Develop regular support groups (and events) that meet the needs of a diverse range of families, eg, BME group, gay/lesbian group, single adopters group, fathers’ group, overseas adopters group/transracial adopters group. Develop versions of, or new, training materials that address equality and diversity issues. Ensure Online Community Message Boards and Contact Networks are appropriately representative of equality and diversity issues. Review support activities and events (eg, groups, family days, regional training) to ensure that are reasonably accessible to families from as wide a geographical area as possible, that they cater for any relevant disability, and that they are affordable to those on low incomes. Monitoring and review This policy and action plan will be reviewed at least annually. In relation to the specific monitoring requirements highlighted in this policy, specific monitoring forms or surveys will be developed for the following: Trustees, staff, volunteers, trainers: Ethnicity Disability Gender identity Sexual orientation Age Religion and belief Members/service users (in relation to accessibility/suitability of services): Ethnicity Disability Gender identity 8 Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM) Sexual orientation Age Religion and belief See Appendix 1 for an example of the relevant forms and monitoring framework. A widely used rule of thumb to assess difference is known as the ‘four-fifths rule’. The four-fifths rule suggests that if any group is less than four-fifths of the rate of the group with the highest success rate, it may be indicate bias. The four-fifths rule can be used at each stage of a selection process to identify any particular difference. It is not intended to be an absolute measure, but is a simple and easy way to measure whether the differences in rates are worth investigating further. In smaller samples, it may be necessary to apply different judgements. Equality Impact Assessment By the first anniversary of this policy and action plan, Adoption UK will carry out an equality impact assessment in relation to this policy and its key membership services. This will examine what effects our policy and services have on the people who experience them. The assessments will based on the evidence gathered from monitoring data, discussion and feedback from staff and members. The assessments will be based on four key questions: What is the purpose of the policy or membership service? How is it seeking to achieve this? Who benefits and how What are any associated aims attached to the policy or membership service? 9 Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM) Appendix 1 Equality Monitoring Framework Adoption UK Monitoring framework How would you describe yourself Choose ONE section from A to E, and then tick the appropriate box A □ □ □ □ B □ □ □ C □ □ Asian or Asian British Bangladeshi Indian Pakistani Any other Asian background, please write in box Black or Black British African Caribbean Any other Black background, please write in box Chinese or other ethnic group Chinese Any other, please write in box 10 Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM) D □ □ □ □ E □ □ □ □ □ □ Mixed heritage White and Asian White and Black African White and Black Caribbean Any other mixed heritage background, please write in box White British English Irish Scottish Welsh Any other White background, please write in box F □ Prefer not to say 11 Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM) Disability monitoring To make positive changes, Adoption UK wants to address the different barriers faced by disabled people. Many people who do not consider themselves to be disabled may be covered by the Disability Discrimination Acts 1995 and 2005 (DDA) because they have a health condition that has an impact on their lives. What do we mean when we say disability? • Do you have a physical or mental impairment or long-term health condition? • Is this expected to last, or has it lasted, for a year or longer? • Does this make it difficult for you to do the things that most people do on a fairly regular and frequent basis? If so, you may have rights under the Disability Discrimination Act. This includes people who are receiving treatment or using equipment (except glasses or contact lenses) that alleviates the effects of an impairment or a condition, people with an impairment or condition that is likely to recur, people who have conditions that will get worse over time and people with severe disfigurements. Employees with a disability or health condition are entitled in law to ‘reasonable adjustments’ to address their needs for support in the workplace. Therefore we are interested in any disability or health condition that may require a reasonable adjustment to overcome any such barriers. Monitoring questions: Do you consider yourself to have a disability or a long-term health condition? Yes/No What is the effect or impact of your disability or health condition? □ Prefer not to say If you would like to discuss your response, or are unsure of the types of reasonable adjustment that might be possible, please contact [your manager] who is trained to help and support you. 12 Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM) Adoption UK is committed to creating an environment where barriers are removed for disabled people and they can give of their best to succeed in our organisation. Adoption UK gives a commitment that this information will remain confidential within our employment information systems. 13 Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM) Gender monitoring Concentrations of either men or women into certain jobs, or the impact of family commitments, are some reasons why men and women experience the workplace differently. Gender monitoring is key to ensuring that all employees have access to the same opportunities and Adoption UK is committed to work at achieving this. Monitoring question: Would you describe yourself as: □ Male? □ Female? □ Prefer not to say Gender identity Adoption UK is committed to ensuring that people whose gender presentation may have changed (or is changing) are protected in our workplace. The 2004 Gender Recognition Act gives a person who has made the transition from one gender to the other, and has applied for legal recognition, enhanced privacy rights. To enable us to ensure that our policies and practices do not work against transgender colleagues, we ask you to complete the following: Monitoring questions: Is your gender identity the same as the gender you were assigned at birth? Yes/No Do you live and work all the time in the gender role opposite to that assigned at birth? Yes/No □ Prefer not to say 14 Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM) Sexual orientation Monitoring sexual orientation in our staff and in our recruits is a significant step towards acknowledging gay, lesbian and bisexual staff within Adoption UK. Adoption UK seeks to become an exemplar employer and make sure our processes and practices are fair to all staff. Please help us and do this by completing the following questions around your sexual orientation. Monitoring question: What is your sexual orientation? □ □ □ □ □ □ Bisexual Gay man Gay Woman / Lesbian Heterosexual / Straight Other Prefer not to say Adoption UK will only use this information for ensuring its staff policies work fairly for all and that your sexual orientation does not count against you. We will ensure in any analysis that is made public that it will not be possible to identify you. Age monitoring We all have an age. Age discrimination regulations in the workplace are designed to ensure that you are judged only by your abilities and not your age. Greater experience does not always associate itself with greater ability and neither does older age and inability to learn new skills. By monitoring age we seek to uncover these and other assumptions in the way we work in Adoption UK. We intend to set up a database to review and adjust annually for age. To help us confirm your age please state your date of birth. Monitoring question: What is your Date of Birth? _ _ /_ _ /_ _ _ _ (dd/mm/year) 15 Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM) Religion and belief Whether or not you have a religion and what you do or don’t believe in is likely to make difference to you and how you perceive the world. These perceptions are carried across into our workplaces. It is said by some that what you do or don’t believe is a private matter that should have no effect on your job. It is indeed a private matter but it would be disingenuous to say that it had no effect on your employment. For example, Adoption UK running training events or promotion panels during periods of religious fasting for some colleagues may well place them at a disadvantage in these instances. Adoption UK is committed to ensuring fairness and equal access to all employees whatever their faith or beliefs. Below is a list of religions that are the most commonly found in Britain. They are listed in alphabetical order and not intended to signify rank in terms of importance, furthermore we acknowledge that the list is not exhaustive and if your religion is not specifically listed then we ask you not to take offence as none was intended. Monitoring question: Please tick the box that best describes you: □ □ □ □ □ □ □ Buddhist Christian Hindu Jew Muslim Sikh Other Religion or Belief (please state)____________________________ □ □ No Religion Prefer not to say 16 Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM) Appendix 2 Action plan – timescales and responsibilities Action plan to follow in 2012 Appendix 3 Providing information, advice and support in different formats/languages Adoption UK is committed to being able to provide services to all of its members, regardless of their language, nationality, nationality or any disabilities they may have or special help they require. The following services are available: Hearing Disabled Members RNID has a leaflet about its Type talk service. Adoption UK does not have to register in advance for this service, but can access it on behalf of members who are deaf or hard of hearing. The caller will use Type talk and a hearing intermediary will speak directly to us. A copy of the leaflet is kept in the helpline room, should a Type talk operator contact us. Visually Impaired Members RNIB transcription services. We could email, fax or send copy to businesslink@rnib.org.uk or fax 01733 375379 or by post Disability Access Services, RNIB, PO Box 173, Peterborough PE2 6WS RNIB would then give us a quote for transcribing into Braille, audio or large format. If the document is one letter, there is a standard charge of £6.50 set up fee and then £7.00 per page for all formats. For a whole magazine to be transcribed, copy could be sent in advance for it to be pre-booked – otherwise it could take eight weeks Contact: Ann Marie Powell on 01733 375370 Audio RNIB does not know of any software to put copy onto audio as they just read it themselves. Adoption UK would also consider requests to do this for members, and may in the future considering publishing some of its information as downloadable podcasts. Language Issues Speakers of Other Languages who call the helpline As part of the THA, Adoption UK has access to Language line and is registered to use this service. There are over 200 languages available and translators are available 24 hours per day. When a call comes in, we use their translators and they charge us £2.40 per minute. 17 Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM) Translation THA also translates documents at £90.00 for a standard text less than 1,000 words Procedure: Helpline advisers call 0845 310 9900 and quote Adoption UK’s ID code of L46274 Welsh-speakers – see Adoption UK’s Welsh Language Scheme. 18 Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM) Appendix 4 Glossary (taken from Delivery Equality and Diversity (ACAS booklet, March 2009). Disability: A disabled person is described in the Disability Discrimination Act of 1995 as one who has a physical or mental impairment which has a substantial and longterm adverse effect on his or her ability to carry out normal day-to-day activities. Diversity: Diversity is about recognising, valuing and taking account of people's different backgrounds, knowledge, skills, and experiences, and encouraging and using those differences to create a productive and effective workforce. Ethnicity: A strict definition of an ethnic group is a group regarded as a distinct community by virtue of certain essential characteristics – a shared history which distinguishes it from other groups and a cultural tradition of its own. Sikhs and Gypsies are examples. However, it has come to have a broader meaning and the expression ‘ethnic monitoring’ is used in reference to groups defined by colour, race or national origin as well. Gender: The word 'gender' is often used in place of the word 'sex' in equality issues. 'Gender' does not appear in legislation (except for 'gender re-assignment' - see below) but 'sex discrimination' and 'gender discrimination' are generally interchangeable. Gender Reassignment: Gender re-assignment is a process undertaken under medical supervision for the purpose of reassigning a person's sex by changing physiological or other characteristics of sex. The Sex Discrimination Act was extended in 1999 to make it unlawful to discriminate in employment on the grounds of an employee intending to, undergoing or having undergone, gender reassignment. Genuine Occupational Requirements: The Sex Discrimination Act and the Race Relations Act and the Religion or Belief Regulations and the Sexual Orientation Regulations allow for circumstances where a person's sex, racial group, religion or sexual orientation is a genuine requirement for a particular job. Harassment: Behaviour which is unwelcome or unacceptable and which results in the creation of a stressful or intimidating environment for the victim amounts to harassment. It can consist of verbal abuse, racist jokes, insensitive comments, leering, physical contact, unwanted sexual advances, ridicule or isolation. Liability: Employers have legal liability for any act of discrimination (including harassment) carried out by their employees unless the employer can show that they have taken all reasonably practicable steps to prevent it. Quotas: It is unlawful to select a person for a job on the basis of their gender or race in order to achieve a fixed quota of employees of that gender or race. Sexual orientation: Whether a person is attracted to people of their own sex, the opposite sex or both sexes. Assumptions and perceptions of a person's sexual orientation are also covered by law. 19 Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM) Targets: These can be percentages of underrepresented groups that employers aim to achieve in the make-up of their workforce as part of their equality action plan. It is unlawful to use a target as a reason for selecting someone, but it is not unlawful to take steps to get more qualified applicants from particular groups (see 'Positive Action' in Employment Practices section). Transsexual: A person with gender dysphoria who feels a consistent and overwhelming desire to live their life in the gender that is opposite to that assigned to them at birth. Victimisation: If a person has made or is making an accusation of discrimination in good faith, it is unlawful to discriminate against them for having done so, or because they intend to do so or it is suspected that they intend to do so. 20 Adoption UK equality and diversity policy and action plan – final – revised March 2012 (BM)