Equality Impact AssessmentLegal & Policy Context
January 2008
Presented by
Ionann Management Consultants Ltd
Dianna.Yach@ionann.co.uk
Qmul-EiaTrng1-80121-SlideShow.ppt
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Dimensions of Diversity
WORK
BACKGROUND
GEOGRAPHIC
IMMIGRATION
LOCATION
STATUS
RACE
DEPENDENCY
AGE
WORKING
STYLE
SEXUAL ORIENTATION
RELIGION
CLASS
GRADE
PARTNERSHIP/
MARITAL
DISABILITY
STATUS
THINKING
STYLE
ETHNICITY
GENDER &
GENDER ID
VALUES
ACCENT
LANGUAGE
INCOME
EDUCATION
UNIVERSITY
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Institutional Discrimination
 The collective failure of an organisation to provide an
appropriate and professional service to people because of
their colour, culture, ethnic origin, gender, disability, age,
sexual orientation, religion.
 It can be seen or detected in processes, attitudes and
behaviour which amount to discrimination through
unwitting prejudice, ignorance, thoughtlessness and
stereotyping which disadvantages people from equality
target groups.
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Why do Equality Impact Assessments?
Positive Legal Duties (Race, Disability & Gender)
The University must have due regard to the need to:
 Eliminate unlawful discrimination & harassment
 Promote equality of opportunity
 Promote good relations
between persons of different groups & positive
attitudes towards disabled people
 Involve disabled people in policy making
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Public Sector Equality Duties
Race, Disability & Gender
Specific Equality Duties
 Produce Equality Policy & Action Plan
 Assess & consult on impact of policies
 Monitor existing policies
 Monitor key employment processes
 Publish results of EIAs, consultation & monitoring
 Train staff to carry out their duties
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Equality Law: Definitions
 Discrimination
 Institutional
 Direct
 Indirect
 Victimisation
 Harassment
 Positive action
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EIA
What is it?
Why do it?
Where does it
apply?
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The University- as Employer
Recruitment & selection
Contracts & part-time working
Performance management Staff development opportunities
Retention & progression
Promotion
Disciplinary procedures
Harassment & Bullying
Management
Working environment
Policy development
Procurement
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The University- as Service Provider
Interviewing students
Induction
Curriculum content & design
Teaching & Learning
Exams & assessment
Student support/guidance
Retention & progression
Research
Halls of residence
Catering
Partners
Placements
Business Clients
Community Links
Contractors & Suppliers
Learning resources
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EIA Process Wheel
DECISION:
Is a full EIA necessary?
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Screening
2
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Monitor,
Review,
Revise,
Repeat!
Evidence
&
Consult
3
PUBLISH
4
Report
&
Action
Plan
Evaluation
&
Options
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Monitor For Differential Impact
What differences are there between groups of
students in terms of:
Teaching & learning
Drop out rates
Student progression & achievement
Assessment
Access to learning resources
Support & guidance
Curricula and other opportunities
Aspiration?
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Monitor For Differential Impact
Are these differences based on objective criteria
relating to achievement and/or potential?
If yes, what are they?
If no, what will you do to address these differences
and by when?
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Monitor For Differential Impact
What differences are there between groups of staff
in terms of:
Recruitment & selection
Grade & position
Type of employment contract
Career development
Promotion
Training & other development opportunities
Grievances
Disciplinary proceedings
Aspiration?
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Monitor For Differential Impact
Are these differences based on
objective criteria relating to
achievement &/or potential?
If yes, what are they?
If no, what will you do
to address these differences, &
by when?
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Do policies, practices or procedures in your
area of work help all staff and/or students get
as much as they can from what is provided
and achieve as much as they can?
If yes, how do you know?
If no, what will you do to improve them and by when?
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Are decisions affecting a person’s programme
of study or career based solely on objective
criteria relating to achievement and/or
potential?
If yes, how do you ensure this?
If no, how do you justify these decisions?
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Practical Implications
What is your area of work doing to:
 raise achievement levels &
tackle inequalities?
 promote dignity, courtesy
& respect at work & study?
 prevent or deal with discrimination
Are the above actions appropriate & effective?
If yes, how do you know?
If no, what will you do to improve them?
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Vicarious & Personal Liability
 The employer will be held to be vicariously liable
for all acts of discrimination
carried out by a member of staff
unless it can be shown reasonable steps
were taken to prevent it
 Individuals may be held personally liable
for discriminatory acts
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Tribunal
 Tribunal powers
 Burden of proof on Employer:
in absence of good practice,
discrimination may be inferred.
 Consider impact of actions
- intention is immaterial
 Unwitting … only once !
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Who Is Responsible?
 University Council/Principal
 Heads of Department, School or Institute
 Managers & project leaders
 All staff
 Students
 Sub-contractors
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