This morning there is much discussion of the Equality Act 2010, which is implemented in the UK today. It includes new provisions to protect individuals who have caring responsibilities from being discriminated against (a phenomena being referred to as ‘associative discrimination’); prohibitions on asking employees about their health (unless relevant to the specifics of the job); and ‘third party harassment’, which includes further provisions for dealing with hostile environment harassment (e.g. overheard discriminatory banter). It also includes positive duties for employers to take positive action in recruitment and promotion in relation to members of under-represented groups.
Fawcett have objected to the partial implementation of the act – the requirement that employers make public pay differences is not yet enacted (apparently it will be later).
And of course there is much discussion in the media about whether the act has ‘gone too far’, is just a ‘headache for employers’, contains provisions that are ‘barking mad’. Ug. You can hear discussion of the act on the BBC Radio 4 here .
You can read the full provisions of the act here (I’m yet to scour the details yet!).
It has some odd exemptions to it, so I think it probably doesn’t – even with full implementation – go far enough. Here’s a post of mine where I’ve tried to find all the exemptions: http://refusingthedefault.blogspot.com/2010/07/why-is-this-still-legal-equality-on.html , and I have more recent posts trying to get an answer out of them on why those exemptions are there.
In an employment context – the one being reported on – there are rightly very few exemptions. In other contexts (education, service provision, etc.) there are many.
“prohibitions on asking employees about their health”
oh my god! thank the heavens!!! you have no idea how happy this makes me….i have had such a god awful time applying for roles/being in a work place because of this blasted health need to know thing work places have
for years i have been subject to terrible treatment in work and also while trying to get a job (i only have to look for another job because the one im in “pretends” to follow the legislation on DDA but psychologically break me down so im too weak to stand up to them and leave a quivering mess)
the latest a potential employer told me that i was the “golden girl” that he would “be ecstatic if i joined his team to front a new sales department”..then he found out about my medical background and i was met with a blanket of silence from the entire company.
my present employer, when i was ill at the start of the year, told me i had 6 weeks to tell the employer what reasonable adjustments i need to make me better otherwise i am a risk to the business and that just wouldnt do……as it turned out 2 months later i was told i was probably out of a job soon due to “restructure” and “if i was me, i would go look for another job – hey, im just giving you a heads up”
and thats just small examples – there are alot more degrading things..such as sexual harrassment with complaints being cast aside as being my mental health by boss
does anyone have any links that are idiot proof to read (im not any good with legal jargon) regarding this?