The Equal Opportunities Handbook: How to Recognise Diversity, Encourage Fairness and Promote Anti-Discriminatory Practice

Equal Ops 4th PB rev AW:Equal Ops 4th PB AW

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“The authors explode the myths that dog equal opportunities, raising awareness and introducing the most important issues.” The Institute of Health Education Journal “One of the most fascinating books I have read… it encourages a lot of self-assessment and consideration of personal values and attitudes.” The Training Officer The Equal Opportunities Handbook is a guide to identifying and eradicating prejudice and discrimination through training and guidance. It sets out straightforward procedures, relevant to all types of situation, and demonstrates how simple it is to behave with fairness, courtesy and sensitivity to all – regardless of ethnicity, gender, sexuality, disability or religious belief. Practical and realistic, this book will: • help you to check your own behaviour and attitudes; • provide guidance on fair treatment; • give valuable information on the most important issues in equal opportunities and diversity. The book includes interactive “Pause for Thought” sections, personal action plans at the end of every chapter to aid learning and development, and a current A to Z of laws and agencies promoting equal opportunities.

£19.99 US $39.95 ISBN: 978-0-7494-5297-1

Kogan Page 120 Pentonville Road London N1 9JN United Kingdom www.koganpage.com

Kogan Page US 525 South 4th Street, #241 Philadelphia PA 19147 USA

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780749 452971

Human resources / Training

CLEMENTS & SPINKS

Phil Clements and Tony Spinks, both trainers, have many years’ experience working in the equal opportunities field. Phil is a Principal Lecturer at the University of Portsmouth and is also co-author of The Diversity Training Handbook, also published by Kogan Page. Tony is a Lecturer with the Open University.

Revised 4th edition

THE EQUAL OPPORTUNITIES HANDBOOK

“This book will prove invaluable to any trainer, manager, teacher or staff developer who wants to keep an organization discrimination free.” Investors in People magazine

PHIL CLEMENTS & TONY SPINKS

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EQUAL OPPORTUNITIES handbook

Revised 4th edition

HOW TO RECOGNIZE DIVERSITY, ENCOURAGE FAIRNESS AND PROMOTE ANTI-DISCRIMINATORY PRACTICE

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EQUAL OPPORTUNITIES handbook

HOW TO RECOGNIZE DIVERSITY, ENCOURAGE FAIRNESS AND PROMOTE ANTI-DISCRIMINATORY PRACTICE Revised 4th edition

PHIL CLEMENTS & TONY SPINKS

London and Philadelphia

Publisher’s note Every possible effort has been made to ensure that the information contained in this book is accurate at the time of going to press, and the publishers and authors cannot accept responsibility for any errors or omissions, however caused. No responsibility, for loss or damage occasioned to any person acting, or refraining from action, as a result of the material in this publication can be accepted by the editor, the publisher or any of the authors. First published as The Equal Opportunities Guide, 1994 Second edition, 1996 Third edition, entitled The Equal Opportunities Handbook, 2000 Fourth edition, 2006 Revised fourth edition, 2009 Apart from any fair dealing for the purposes of research or private study, or criticism or review, as permitted under the Copyright, Designs and Patents Act 1988, this publication may only be reproduced, stored or transmitted, in any form or by any means, with the prior permission in writing of the publishers, or in the case of reprographic reproduction in accordance with the terms and licences issued by the CLA. Enquiries concerning reproduction outside these terms should be sent to the publishers at the undermentioned addresses: 120 Pentonville Road London N1 9JN United Kingdom www.koganpage.com

525 South 4th Street, #241 Philadelphia, PA 19147 USA

© Phil Clements and Tony Spinks, 1994, 1996, 2000, 2006, 2009 The right of Phil Clements and Tony Spinks to be identified as the author of this work has been asserted by them in accordance with the Copyright, Designs and Patents Act 1988. ISBN 978 0 7494 5297 1

British Library Cataloguing-in-Publication Data A CIP record for this book is available from the British Library. Library of Congress Cataloging-in-Publication Data Clements, Phillip Edward. The equal opportunities handbook : how to recognise diversity, encourage fairness and promote anti-discriminatory practice / Phil Clements and Tony Spinks. p. cm. Includes bibliographical references and index. ISBN 978-0-7494-5297-1 1. Prejudices. 2. Fairness. 3. Discrimination. I. Spinks, Tony. II. Title. BF575.P9C59 2009 305—dc22 2008043849

Typeset by JS Typesetting Ltd, Porthcawl, Mid Glamorgan Printed and bound in India by Replika Press Pvt Ltd

Contents

Acknowledgement Introduction

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1 How to be Fair Introduction 5; Prejudice 6; Discrimination 11; Common themes in prejudice and discrimination 11; Transferable skills 18; Key points in this chapter 22; Personal action plan 23

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2 The Role of Language The importance of language 24; Guidelines for using language which is fair 25; Language and labelling 29; Language and humour 30; Language which excludes 32; Particular words and phrases 34; Key points in this chapter 37; Personal action plan 38

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3 Being in a Majority Group British culture 39; Being normal 43; Us and them 45; In-groups and out-groups 46; Key points in this chapter 49; Personal action plan 50

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4 Racism Introduction 51; Race, ethnicity and racism 52; Racist mythology 70; Stereotyping and racism 75; Key points in this chapter 76; Personal action plan 77

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5 Sexism Gender and sex differences 78; The changing role and status of women 81; Other forms of discrimination against women 92; Key points in this chapter 97; Personal action plan 98

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6 Sexuality Introduction 99; The images we hold 100; Culture and lifestyle 106; Gay and lesbian relationships 108; Lack of equality 109; Direct prejudice and discrimination 111; A final word 112; Key points in this chapter 112; Personal action plan 114

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7 Disability A brief word about terms and labels 115; Types of insensitivity, prejudice and discrimination 116; How to avoid common insensitivity 119; The disabling environment 121; Issues concerning wheelchair users 122; Issues concerning people who are blind or partially sighted 125; Issues concerning people who are profoundly or partially deaf 127; Key points in this chapter 134; Personal action plan 135

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8 Equal Opportunities in the Workplace The shape of the labour force in the UK 137; Human resource management processes 141; Performance management 146; Bullying and harassment 148; Rights and responsibilities 150; Work–life balance 151; Key points in this chapter 153; Personal action plan 153

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9 Institutional Discrimination 154 The Stephen Lawrence inquiry 155; Institutional racism, sexism and discrimination – the theory 157; Institutional discrimination – the application 161; Key points in this chapter 165; Personal action plan 166 10 Religion, Faith and Belief Why include a chapter on religion? 167; Religion, equal opportunities and fairness 168; The major religions 172; Personal action plan 191 11 Equal Opportunities Law, Agencies and Links to Further Information Introduction 192; A–Z of laws, agencies and links to further information 193 References Index

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Acknowledgements

Many people have helped shape my ways of seeing EO over the years. Some have either directly or indirectly assisted with this fourth edition. Victoria Kern helped with the original graphics. Richard Griggs and all my research ‘victims’ gave me different perspectives. Robin Oakley and Diana Yach both had major inf luence on me, and lately, Tim Meaklim and Keith Wood have asked penetrating questions. In my co-author Tony, I have a friend and colleague whose opinions I respect and value. Most of all I have constant constructive critics in Heather, Tom and Matthew without whose unstinting support I would never have the opportunity to complete projects like this. PC

Over the years that I have been training and writing on the subject of equal opportunities and fair treatment; I have talked with, learned from and been inf luenced by many good people including Laurie Trott, Richard Griggs, Guy Hewlett, Raoul Dero, Shafiq Mogul, James Kilty, Robin Oakley and Lynne Segal. Too numerous to mention are the many students I have facilitated who, in their own ways, have tested my own commitment to and thinking on this subject. Richest of all these collaborations has been my work, both practical and written, with my co-author Phil Clements whose knowledge and skill continue to inspire me. As with other large ventures I have benefited from the love and support of my wife Jane throughout this project. TS

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Introduction

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Introduction

In our society there are people, just like you and me, who every day are having to face unfairness, prejudice and discrimination merely because they happen to be different in some way from the majority. It may be the colour of their skin, their religious beliefs or faith, because they are a woman, because they have a disability, or because they are gay or lesbian. Getting rid of such unfairness and inequality is what equal opportunities is all about.

WHO IS THIS BOOK FOR? Books are typically aimed at target audiences and written specifically for them. In The Equal Opportunities Handbook we have tried to present the issues in a clear, readable and accessible way which will be of value to a very wide audience. Employee, student, manager, teacher, nurse, social worker, police officer, civil servant, trainer, man or woman in the street – we all need to know the issues. Whoever you are, without an understanding of how prejudice and discrimination arise and operate, you are unlikely to be able to eliminate them from your own behaviour. By raising your awareness and increasing your knowledge of diversity issues you will be better able to treat people with fairness and sensitivity. If you are a trainer, in addition to being able to brush up your own knowledge of the issues, you will be able to use the book as a valuable text on equal opportunities and diversity issues for your students either before a course, or as a text to reinforce the issues afterwards. If you are an employer you will be able to use the book to provide your staff with a ready reference to the main issues of equality and diversity, and in doing so help to give meaning and bite to equal opportunities policies. You may bear legal responsibility for the actions of your staff (you may have

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heard this called ‘vicarious liability’), and this may include the payment of compensation to the victim, should your company be found liable. Your staff need to know: this book will help. As an employer you will also need to think carefully about the issue of institutional discrimination, considering whether the ways you do business are fair to all. Because this area of equal opportunities is of increasing importance we have dedicated a separate chapter to it which will help guide you in your efforts to avoid discriminatory or prejudicial practices. If you are an employee, there are many areas where you MUST treat people equally and fairly because if you don’t, among other things: l l l l

you may not get or keep your job; you may not get promoted; you may break the law; you may lose money if your pay is linked to performance.

At your workplace you have a personal responsibility to be fair to your colleagues and customers (in the broadest sense of the word) and may be held liable for any actions which are considered discriminatory. In larger organizations there is likely to be an equal opportunities and diversity policy with which you have to comply. You may simply be a person who wants to know more about the issues, have been a victim of inequality of some kind, or be involved in a real-world equal opportunities problem.

WHY HAVE A HANDBOOK ON EQUAL OPPORTUNITIES? We believe that the whole subject of equal opportunities and diversity is surrounded with mystique, and one of the things that may put you off this subject is a belief that you need expert knowledge in each of the areas of equal opportunities, in order to avoid prejudice and discrimination. We believe that this is not the case. By adopting skills which fit all types of situation, you will be able to think about, and behave towards everyone – regardless of their colour, gender, sexuality, disability or religion – with fairness, courtesy and sensitivity. We hope this book will: l

help you check your own behaviour and attitudes for fairness, and offer hints and guidance that is practical, realistic and usable in the real world;

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introduce you, in straightforward language, to the most important issues in equal opportunities, diversity and fair treatment; give you information about racism, sexism, disability, sexuality, religion and faith, which will help you to be more sensitive and behave more fairly; raise your awareness of your own views in these important areas, by asking you questions; provide you with some ‘fair treatment’ skills which apply to a variety of situations; explode some of the more common equal opportunities myths; offer you hints, advice and guidance on issues such as language, helping others, and avoiding discriminating behaviour yourself; and provide you with up-to-date information on the legal contexts of equal opportunities and diversity that will help you understand your rights and obligations in law.

HOW TO USE THE BOOK A glance through the contents pages will give you a f lavour of what is covered. Most of the chapters stand alone, allowing you to dip into the issues which concern you most, or to look up the specific information you need. The ‘issues’ chapters begin with a set of objectives which will help you get an idea of where your reading and thinking will be taking you. From time to time we challenge you to think more specifically. You will find ‘pause for thought’ sections scattered throughout the book. Try to make use of these, because they are designed to help you get the most from your reading and to ref lect on your own thoughts, feelings and behaviour. There will always be a question mark over who has the right to publish a book on equal opportunities. Can men justifiably write on the subject of sexism, white people on the subject of racism, able-bodied people on disability and so on? As trainers in this field for many years we have spoken to and worked with people on both sides of prejudice and discrimination. It is out of that experience that we offer you this book; not as the complete solution, but as a helpful guide aimed at ordinary people who have a genuine desire to think and behave fairly.

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PERSONAL ACTION PLANS Equal opportunities is unlike many other subjects in that it will touch almost every aspect of your own daily life, both in terms of the way you interact with others and the way they interact with you. Throughout the book we present issues that you are invited not only to consider on an intellectual level, but also to respond to in some way. If you find this process difficult or challenging, then it is very likely that you are coming to see the world in a new or different way. To help you think through your own response to certain issues, we have included a personal action plan at the end of the relevant chapters.

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Chapter 1 How to be Fair In this opening chapter we will suggest that equal opportunities and fair treatment need not be the complicated minefield that many believe it to be. By exploring the nature of prejudice and its common roots we show how you can equip yourself with a sound understanding of the ways in which prejudice can and does arise, and in so doing offer ways in which it might be addressed. We also explain a system of transferable skills which will enable you to think about and behave towards others with fairness and sensitivity. Having read this chapter we hope you will have a better understanding of: l l l l

what prejudice, stereotyping, labelling and discrimination mean; the importance of ref lective thinking and ref lective practice; some of the root causes of prejudice; and some transferable skills that will help you treat people fairly.

INTRODUCTION One of the things that sets the subject of equal opportunities and diversity apart from other subjects is that it has become surrounded by worrying myths and seems something of a minefield for the unwary. We have met and spoken with many people who share a common apprehension about equal opportunities: they want to be fair and treat people equally but are worried that they might easily say or do the wrong thing (perhaps unconsciously) and upset or offend somebody. In addition, there are others who believe, or have been told, that equal opportunities, diversity and fair treatment is a hugely complicated subject,

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needing expert knowledge about each of the various different minority groups they may come into contact with. We hope to show you that whilst it is helpful to know about the cultures and concerns of specific minority groups (knowledge that this book will certainly seek to give you), it is not essential. Instead, we will argue that by equipping yourself with certain transferable skills and general ways of thinking and behaving, you will still be able to extend fair treatment to all individuals and groups whether or not you have specific knowledge of them.

PREJUDICE At the centre of many of the things we will be speaking about in this book, whether racism, sexism or discrimination against members of the disabled or the gay community, lies the issue of prejudice. Unfortunately, for such an important and central issue, there is a great deal of confusion and argument as to what may or may not amount to prejudice. In our view these various arguments are largely academic and serve only to obscure thinking about how to overcome prejudice in whatever form it may arise. It is very easy to hide behind such debate, arguing that the way you think about or behave towards certain people cannot possibly amount to prejudice for this reason or that. What is important is that you should think about your own attitudes and behaviour and the effects they might have on others. For example, are there times when you tend to make assumptions about what people are like, prejudging them even though you haven’t met them and know little about them from direct personal experience?

Identifying prejudice through reflective thinking One of the main themes of this book is what we call ‘ref lective thinking’. What we mean by this is the ability to ref lect back on our attitudes, values and behaviour and to think through our experiences honestly. The old saying ‘we should try to learn from our mistakes’ is an appropriate one here, but before any of us can learn from mistakes we must first accept that a mistake has been made, and then reflect on what needs to be done to avoid making the mistake in the future. We need to push our tendency to justify and defend our views and behaviour to one side, in favour of some honest ref lection on the way we actually

How to be Fair 7

think about and behave towards others, particularly those who are different from us in some way. A good time to use ref lective thinking is when there has been some form of conf lict or argument, or when we feel angry towards a person or group of people. It’s easy and natural simply to blame the other person, isn’t it? We have all done it, and by blaming the other person we ensure that we remain safe and comfortable. The trouble with this approach is that it increases the chances of further conf lict or resentment in the future, whether with the same person or others. Instead, why not try a bit of ref lective thinking by following this sequence: l l

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If you feel angry or ‘wound-up’, allow yourself to calm down. Make an agreement with yourself that you are going to ref lect on what’s taken place. Be honest and, if necessary, critical of yourself (not easy!). Go through what has happened in your own mind. Don’t lay blame, but instead try to capture how things happened. Ask yourself why you acted or reacted in certain ways. Ask yourself why the other person(s) acted or reacted in the ways that they did. Try to identify how you contributed to their behaviour. Ask yourself what it was about the other person that upset or angered you: was it who they were, how they looked, how they behaved, or a combination of all of these things? Could you have acted differently, and if you had acted differently would it have changed the incident for the better?

We have mentioned ref lective thinking in some detail because it is such a powerful tool in overcoming prejudice. All too often our own prejudices remain hidden from ourselves, covered up with layers of justification and rationalization that we have created over the years. Exposing such prejudices in ourselves is uncomfortable (that’s why we keep them buried in the first place). Unfortunately, even though we may think they are under control, bolted down so that they won’t affect our behaviour towards others, the truth is they can and often do. The best way to avoid this happening is to identify our prejudices and to confront them head-on, and the best way to do that is by adopting ref lective thinking.

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Definitions of prejudice You might say, ‘it’s all very well you saying that I should try and identify my prejudices in order to confront and start dealing with them, but I still don’t fully understand what prejudice is!’ The point is we cannot supply you with a universal definition of prejudice, like a ruler with which to measure your attitudes and behaviour. You need to develop a clear idea of the way that you think about and behave towards other people who are different from you and to question in your own mind whether such views and behaviour are justifiable and fair. Having said that, there are things that we can explain which might help you in this process. Implicit in the word prejudice is the idea of prejudgement, of making your mind up about something before you have any personal experience of or facts about it. Therefore prejudice against a certain group, black people for example, suggests prejudging members of that community before you know anything about them or have had any shared experiences with them. Pause for thought l

Try to identify a time when, on ref lection, you made up your mind about a person or group of people before you had even met them. Perhaps you decided what they were like based on what someone else had told you about them. What effect did that have on your subsequent experience of the person or group?

Stereotyping and prejudice It might not always be the case that you have absolutely no knowledge or experience of a particular person or group of people. You may know bits and pieces about them or may have even met one or two. However, prejudice often involves a process of filling in the gaps in your knowledge or experience, and this is where stereotyping comes in. This is another word which has confused and frustrated people looking at the area of fair treatment, equal opportunities and diversity, it can often be a trigger for turning people off. Put simply, stereotyping is where you believe that, just because people are members of a particular visible group,

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they must (because of that fact) also share particular traits which you think are characteristic (typical) of that group. The reasons you may believe that they share those traits may be because this is what you have been told, or maybe it is what you have experienced. For example, if the first time you meet a disabled person he/she is a wheelchair user who appears heavily dependent upon the assistance of others, you may form the view that such dependence is a common characteristic shared by other members of the disabled community, even though you have no direct experience or knowledge that this is in fact the case.

Myth ‘People always talk about prejudice as if it is a negative thing. You can have positive prejudices too, you know!’ Myth-buster Whilst this may be true, the fact remains that in the area of equal opportunities and fair treatment the real and pressing issue is the negative side of prejudice. Negative prejudgement serves to pigeonhole members of a particular community by sticking various negative labels on them. The argument about positive prejudice merely def lects attention away from the very real problems of negative prejudice.

Labelling One very real danger arising out of both prejudice and stereotyping is that it is all too easy to label people. Think about yourself for a moment. You rightly expect others to treat you as an individual in your own right, to get to know you before they make judgements about the type of person you are. Prejudice and stereotyping don’t allow for this; instead the other person is labelled as having certain characteristics – weakness, laziness, lack of honesty and so on – and these labels then obscure all other thinking about that person. It’s not difficult to imagine how frustrating and unfair this must feel, even more so when it happens at interviews, appraisals or in other circumstances where life opportunities are at stake.

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Attributes and characteristics One of the things that is rarely explained in discussions on equal opportunities and diversity is that the basis for prejudice, the fact that a person is different from us in some way, is often based upon attributes or characteristics that the person themselves cannot change. People cannot change their skin colour, their gender, their disability, their accent, etc. This is a crucial point, because what can be changed is the prejudice itself and the attitudes and behaviour that result.

Bolting down attitudes In the years that we have been involved in equal opportunities and diversity training one particular argument seems to occur with great regularity, an argument that is extremely relevant to our discussion of prejudice and stereotyping. The argument goes something like this: –

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You say that prejudice shows itself through people’s attitudes and their behaviour and you make it sound as though my attitudes are directly linked to my behaviour in such a way that attitudes inf luence and even drive behaviour. I disagree with that argument. I can quite easily think what I like about certain types of people as long as I don’t let it show when I have to deal with them.

Often people who voice this argument describe a situation where they feel able to ‘bolt down’ prejudices, as if they have secured a big steel door over the place in their subconscious where these thoughts and feelings are kept. Happy that their prejudices are safely locked away and bolted down they then feel comfortable in the belief that they can deal with others fairly, without such prejudices inf luencing their behaviour. This belief is completely misguided. Our behaviour is so closely linked to our underlying attitudes, opinions and beliefs that they show through both verbally and, more importantly, non-verbally (in what is sometimes called body language), especially when we feel under pressure. The stress and anxiety caused in situations of disagreement, conf lict or when we find our integrity challenged, serve to weaken and loosen the bolts on that door and our prejudices, no longer containable, leak out.

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DISCRIMINATION Another word often used alongside prejudice is discrimination. We will be exploring discrimination in more detail in other parts of this book, but it would be useful here to consider how discrimination might contrast with prejudice and how, in fact, it grows out of it. Whereas prejudice is about the ideas we hold of others who are different from us and about the negative assumptions and prejudgements we might make about them, discrimination is about the way we act. When we act more favourably towards one group of people than another and that favouritism is based on prejudice, then we may be said to have discriminated. For example, where a person who is black fails to get promotion because his or her boss holds prejudiced views about black people, a discriminatory act has occurred. The boss has acted upon his or her prejudice and has dealt less favourably towards the person as a result. We will see in Chapter 11 that such discrimination is against the law.

COMMON THEMES IN PREJUDICE AND DISCRIMINATION In the Introduction we suggested that many people anticipate that equal opportunities, diversity and fair treatment will be a hugely complicated subject, requiring specific skills and expert knowledge in respect of each minority group and each form of prejudice and discrimination. One of the reasons this is not so is that prejudice itself, no matter who it is directed against, has its roots in certain common factors. Whether racism or sexism, or prejudice directed against the disabled community, the elderly, faith groups, the gay community or the young, each form has common roots (see Figure 1.1). By exposing and understanding these roots, prejudice and any resulting discrimination become more understandable and easier to address. We believe that the main roots of prejudice are: l l l l l

ignorance; power; vulnerability; upbringing; and conformity.

12 The Equal Opportunities Handbook Racism Inequality

Sexism

Insensitivity

Unfairness

Prejudice and discrimination against gay men and lesbians

Prejudice and discrimination against the disabled

Power

Conformity

Vulnerability

Ignorance Upbringing

Figure 1.1 Prejudice and discrimination in all its forms has its roots in things we can often, if not always, change, provided we are aware of them

Ignorance We have already said that an important part of both prejudice and stereotyping is a lack of direct knowledge and experience of another person who is different from us. Not knowing why people do certain things, follow certain cultural traditions, speak and dress in certain ways and act differently, we are inclined to come up with our own explanations and interpretations and to fill in the gaps in our knowledge and experience by using stereotyped labels. In ignorance, we often interpret such differences as a threat and the explanations that we build, again in ignorance, tend to be heavily negative as a result. The f lip side to this argument is that the more we know about and understand another person or group of people who are different from us, the less we will find their behaviour and views strange and threatening. If we obtain an accurate explanation of why they do what they do, we will no longer need to invent our own or to fill in the gaps in our previously sketchy knowledge. It follows that one effective way to overcome prejudice is by overcoming ignorance. This book aims to help in this regard by providing you with information in an easy-to-read style that will help to increase your knowledge and understanding of various minority groups and communities.

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Where are the gaps in your knowledge of other groups? What could you do to fill them?

It is also important that we allow our positive experiences of others, who are different to us, to inform our knowledge and understanding of that group or community and by doing so, allow our stereotypes, labels and prejudices to be challenged and changed. It is all too easy to hang on to our prejudices by seeing any positive experiences we may have of others who are different as being exceptions-to-the rule, one-offs if you will. You may have said or heard others say things like, ‘Well here, he was OK but he’s not like the rest of them!’ Or may be you have heard more offensive terms such as ‘an honorary white person’ or an ‘honorary bloke’.

Power Prejudice is also rooted in power. The power of being in the majority group, for example, can strengthen the belief that people who are in some way outside this group pose a threat to it and its members. In some ways the majority depend upon the existence of minority groups, as it is by setting themselves apart from members of those minority groups that they are able to feel secure in their identity and group membership. Power has a lot to do with an aspect of prejudice and discrimination that is termed ‘institutional’, in that it is a form of prejudice contained within the social system and within institutions such as education, health, government etc which make that social system up. We will be saying more about this aspect of prejudice and discrimination elsewhere in the book. As an individual reading this book you might well question the relevance of power to a consideration of your own prejudices. But it is important to remember the ways in which you can or do exercise power over others. This may be in your position at work, or as a member of a community group or a trades union, responsible for decision making or policy review. Pause for thought l l

Are you in a position to wield ‘institutional power’? What checks and balances are there on your power?

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Vulnerability An important part of any understanding of prejudice requires that we ask the question ‘why should the fact that someone is different from us lead to a negative prejudgement of who and what they are?’ We have already discussed the parts that ignorance and power play in this and we have mentioned the idea that difference comes to be interpreted as threatening. Some reactions to immigration give voice to these fears. . . ‘they’ll swamp us’, ‘they’ll dilute our culture’. Taking sexism as another example, we hear arguments like ‘women shouldn’t take men’s jobs when there’s so much unemployment’. Prejudging people and their cultures and abilities is one way in which we try to cope with our feeling of vulnerability – the vulnerability of our way of life, vulnerability regarding the allocation of jobs, in fact anything we feel we need to cling to for our security. Another important point to be made here is that such feelings of vulnerability can arise when we think that others may threaten our current view of the world by putting forward alternative ideas and explanations of how things are or should be. For example, a part of the prejudice displayed towards gay men and women arises from the fear that their lifestyle and sexual orientation threatens the view of right and wrong held by the majority. But by recognizing vulnerabilities and how prejudice can spring from them, we are already in the business of addressing our prejudices and of identifying them in others.

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Review the things you value highly, believe strongly or have strong attitudes towards. How did they arise?

Upbringing When you take time to do some ref lective thinking about your own attitudes and opinions in this area, ask yourself whether the way you think and the values and attitudes you hold differ from those of your parents and close friends. We all like to think of ourselves as free-thinking individuals with minds of our own, but often we don’t fully realize and appreciate the impact of our upbringing.

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Of course it may be that the inf luence your parents and close friends have had on your own thinking is largely positive, and if this is the case, that’s great! On the other hand, you may decide that values and attitudes you now wish to question, and which you suspect may give rise to certain prejudices, can be traced to your upbringing. We would encourage you, if you feel up to it, to examine your beliefs, attitudes and values regarding others who are different from you. This is in no way an easy or comfortable thing to do, as it requires that you dig underneath layers of defence and justification built up over the years. You will find, as we did, that you have convincing arguments as to why you hold certain views and think in certain ways. Try, however, to examine your values, attitudes and beliefs from the viewpoint of the other person. If you are white, imagine instead that you are a member of the black community who has come along to listen to and judge these (your) views and opinions about black people. Or imagine that you are a member of the disabled community, considering just how valid this other person’s views (yours, of course) on disabled people are.

Conformity No one likes being out on a limb, isolated because they have disagreed with the views of the majority. Often our need to be liked and to fit in is far stronger than our resolve to stand up against attitudes and behaviour of others which we don’t like and don’t agree with. Instead, most of us, for most of the time, simply conform, going along with others even when we know we should really oppose them. Of course, when it comes to equal opportunities, diversity and fair treatment, this becomes even more of a live and challenging issue. When others are openly racist or sexist or show open hostility or hatred towards members of minority groups, the chances are, whilst you may not like or agree with it, you’ll probably say nothing. However, by saying or doing nothing you become involved in such behaviour through your inactivity and some would say that by doing nothing you become as guilty as the person exhibiting the behaviour. While this is a harsh and challenging viewpoint, it is difficult to deny. But by recognizing how conforming may amount to prejudice, you have raised your awareness of another way in which prejudice may be addressed.

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Take a few moments to think about an example of prejudiced behaviour you have witnessed or heard about. Can you identify any form of vulnerability given voice by the person’s behaviour? Taking the same or another example of prejudiced behaviour, can you identify aspects of ignorance or power in it? How would you challenge such behaviour?

Having looked at some of the common themes in prejudice and discrimination, it is useful to consider the way in which prejudice operates in terms of its outcomes. Allport (1954) identified, in work which is still of great relevance today, the outcomes of prejudice in terms of a scale. Consider the figure below:

Extermination Physical attack Discrimination Avoidance Antilocution

Figure 1.2

Allport’s scale showing the outcomes of prejudice and discrimination

Antilocution, the first outworking of prejudice in simple terms, refers to ‘bad-mouthing’. In other words, prejudice will be expressed by saying things which denigrate, undermine or draw negative attention to a particular group or individual. It is probably true to say that antilocution is by far the most common expression of prejudice and will include things such as (so-called) jokes; racist, sexist or homophobic humour; and the verbal expression of racist or other views.

How to be Fair 17

Avoidance is where the subject of the prejudice is marginalized or ostracized in some way and members of the majority group either keep clear or take action to ensure that the minority is seen as the ‘out-group’. An example of this in organizations would be where the culture is such that certain groups become excluded. Organizations where people frequently meet at the pub, and may even do business there, may have the effect of marginalizing those who do not want to join in. This type of culture may affect pregnant women or religious groups who have strict rules about alcohol for example. Discrimination refers to the operationalization of attitudes, behaviour or practices which have the effect of being detrimental to the minority group. It is very likely that discriminatory practices will have the components of antilocution and avoidance. The achievement of anti-discriminatory practice is the aim of much of the relevant legislation that now covers the areas of race, gender, sexual orientation, disability and religious belief. Allport identified physical attack as the next stage in the expression of prejudice. In recent years such attacks have been identified in terms of ‘hate crime’, that is, crime against people or property that is motivated by hatred towards the individual or group and is a violent expression of prejudice. Extermination represents the final and most heinous stage of the expression of prejudice. At the time Allport was writing the Jewish Holocaust was the most recent salient example. Since that time there have been many other instances of horrendous attempts to exterminate groups of people based on nothing more than hatred for them. Rwanda and Bosnia, which gave rise to the expression ‘ethnic cleansing’, are both examples, but you will be able to think of many others. As a closing comment in this section it is important to remember that extermination will always be underpinned by the stages of prejudice below it. This makes it vitally important that great attention is paid to eliminating phenomena such as antilocution, avoidance and discrimination to ensure that physical attack and even extermination cannot take root.

Pause for thought l

Think about how Allport’s scale may illustrate some of the results of prejudice that you may have seen in your own social or professional context.

18 The Equal Opportunities Handbook

TRANSFERABLE SKILLS In the final part of this chapter we will discuss a number of transferable skills that will reinforce the message that, far from being a complicated minefield full of traps and pitfalls, equal opportunities, diversity and fair treatment are, in fact, simply an extension of skills that you already have and know how to use. In fact you already make use of most of these skills in your day-to-day dealings with other people. With a little refinement and thought you will see that they are equally applicable to equal opportunities, diversity and fair treatment issues. Before we turn to these skills, however, it is worth hammering home a point that will crop up throughout this book. Treating others fairly, sensitively and with courtesy should not and must not become marginalized as ‘equal opportunities’ or ‘diversity’ simply because it is applied to a member of a minority group. If I am a member of the gay community, I don’t want to think that the person I am speaking to is being courteous only because he/ she is indulging in a bit of equal ops – I want to feel that they are doing it because I am a person, just like they are, who deserves such common courtesy and respect.

The six main skills Although there may well be others, we shall concentrate here on six main transferable skills (see Figure 1.3) that you can use to overcome prejudice and discrimination. These are: l l l l l l

empathy; understanding; raised awareness; sensitivity; thinking about the consequences; and a desire to be fair.

Empathy Too often, people confuse empathy with sympathy, so it is well worth attempting a basic definition of empathy for the purposes of this section. By empathy we mean putting yourself in the other’s position and imagining how they might think and feel in the circumstances. The well-known saying ‘put yourself in the other person’s shoes’ is a good starting point for getting to

How to be Fair 19

Not seeing alternative cultures as a threat

Empathy Keeping within the law

Understanding

Thinking about the consequences

Knowing about the issues Knowledge and skills

Raised awareness

Not believing myths

A desire to be fair

Using appropriate language

Treating people as individuals Reflective thinking

Openness to different ideas Sensitivity

Figure 1.3 Some of the knowledge, skills and attitudes which are able to fit into almost any situation, so that you can think and behave fairly, regardless of who the individual or group happens to be. The six main skills are shown in boxes grips with the idea of empathy, but we need to take the idea slightly further than this. We would encourage you not only to place yourself in the other person’s position but to look back at yourself and your own behaviour from their position. Take as an example a situation in which, if you are a white person, you are about to tell a racist joke. Before telling the joke imagine how it would feel if you were instead a black person overhearing it (this is putting yourself in the other’s position). How would you feel to be on the receiving end of this type of humour? Would you still think it was humorous? Now, still imagining yourself in the other person’s position, imagine how you must appear to them. You would probably seem to be someone who is at best insensitive, and at worst racist. Using empathy, you should be able to think about and ref lect

20 The Equal Opportunities Handbook

upon your behaviour, thinking through its consequences. This is a good test when you are unsure whether your behaviour might offend others.

Understanding Linked closely with the ability to use empathy is the need to develop your understanding in various areas, including: l

l

l

l

l

the ways in which your attitudes may amount to prejudice, as we discussed in the earlier part of this chapter; the ways in which your attitudes can affect your behaviour and thus potentially lead to discriminatory or prejudiced behaviour; the types of behaviour that might lead to a lack of fairness or reveal prejudice; the consequences of your attitudes and behaviour for yourself and for others; and the need to utilize empathy and sensitivity in order to avoid offending others.

Raised awareness We would also encourage you to become far more aware of the effects your behaviour has (or may have) on others and of their reactions to that behaviour. Adopting an attitude that boldly states ‘Well, people must take me as they find me’ or ‘What you see is what you get!’ is bound to lead to friction and conf lict sooner or later. You should also try to develop a raised awareness of any special courtesies or needs that the other person may have. As an example, imagine that you are chatting with a person who is deaf but is nonetheless an accomplished lip-reader. By using empathy and a little understanding of the situation you will realize that to assist the lip-reader you should keep your hands away from your mouth when talking. You shouldn’t look away in mid-sentence, and there is no need to exaggerate your lip movements or to shout (as some people are inclined to do when speaking with a person who is deaf or has hearing difficulties). Remember that raised awareness, as with the other skills in this section, is a transferable skill that will stand you in good stead no matter whom you are dealing with or talking with. Another very good way of raising your awareness is thinking about your use of language. Think about what you are saying and how you say it, as these are the messages that others will pick up whether they are your intentional

How to be Fair 21

audience or are nearby and overhear your remarks! This is dealt with further in Chapter 2.

Sensitivity By raising your awareness of the things mentioned here and elsewhere in the book, you will increase your sensitivity to both people and situations – an important and transferable skill. For men the word often conjures up images of being soft and of losing some of that macho masculinity. We believe, however, that if macho means being insensitive or hard, then being macho is simply bad news. Wake up guys! No one loses face or ‘cred’ for being sensitive to the opinions, thoughts and feelings of others. We expect others to pick up on how we are feeling and not to stamp all over our feelings and opinions, and in turn they expect the same from us. This is what sensitivity is all about, particularly when you are in situations with people who have different ways of thinking and perhaps behaving, different cultural backgrounds and values, or different needs.

Thinking about the consequences Pretty much everything we do, especially when it is directed at someone else, has consequences. This is particularly true of equal opportunities, diversity and fair treatment issues, where behaviour which may be racist or sexist, or which may lack sensitivity, understanding or reveals prejudice, may have quite serious consequences for all parties concerned. Thinking through the likely consequences of your actions is a great way of working out whether you’re on the right track. It could stop you making a prejudiced decision or inadvertently putting your foot in it and offending someone. On the other hand it might push you into taking action in a situation where keeping quiet would make you as bad as the person displaying the prejudiced or discriminatory behaviour. Whilst, as we have seen above, it is very important to think through the consequences of our own behaviour, there is another level at which we can see the importance of impact. For example, the Race Relations (Amendment) Act 2000 places a general duty on all public authorities to eliminate unlawful discrimination and to promote equality of opportunity and good race relations. One way of achieving this that has been adopted by some organizations is to systematically conduct race equality and diversity impact assessments. There are different frameworks for doing this, but essentially they are tools for making certain that the impact or potential impact of any policy or procedure on minority groups has been systematically considered, that we have thought through the consequences of our policies on others.

22 The Equal Opportunities Handbook

Pause for thought l

l

Think about the policies and procedures in the professional context in which you work. To what extent would you say the policies, procedures and practices of your organization meet the general duty under the Race Relations (Amendment) Act 2000? Refer back to the exercise on ref lective thinking. How does considering the consequences of your actions fit in with ref lective thinking and ref lective practice?

A desire to be fair You cannot play at fair treatment, seeking to put it on like a new coat when the situation demands and take it off and hang it on the peg when you feel the need has passed. The things we have spoken about in this chapter require that you have a genuine desire to ref lect upon and, where necessary, change your existing attitudes and behaviour in order to address your prejudices, allowing you to behave in a fair, non-prejudicial and anti-discriminatory way towards others who are different from you. People are usually much better than you might anticipate at spotting a lack of genuineness or identifying a person merely playing the game or paying lip service to these issues. In our experience, a consistent reason for equal opportunities and diversity policies in a variety of settings failing to have real impact is that those charged with implementing them only do so halfheartedly. We hope that, as you are reading our book, the likelihood is that you do have a genuine desire to be fair and wish to learn ways of doing just that.

KEY POINTS IN THIS CHAPTER l

l

l

l

Prejudice involves making judgements about other people or other groups before you have any direct knowledge or experience of them. We are concerned in this book with negative prejudice. Stereotyping, which is part and parcel of prejudice, involves a belief that all the members of a particular group share certain, usually negative, traits or characteristics. Discrimination is when you act on such prejudices by dealing with particular people less favourably than others for no good reason. Most prejudice is based on the things in others which make them different from the majority. These are usually things which the person or group cannot change, eg skin colour.

How to be Fair 23 l

l

All types of prejudice have common roots. These include ignorance, power, vulnerability, the inf luence of upbringing, and conformity. By using ref lective thinking, you can unearth these root causes and be better placed to address them for yourself. By developing a set of transferable skills – ref lective thinking, empathy, understanding, raised awareness, sensitivity, an understanding of consequences and a desire to be fair – you will have the tools you need to extend equal opportunities, celebrate diversity and promote anti-discriminatory practice.

PERSONAL ACTION PLAN Try answering the following questions: How will the things I have learnt in this chapter change the way I think and act towards others who are different to me? What has this chapter helped me to learn about myself with regard to: l l l l l l l l

my beliefs; my attitudes; my values; my knowledge of others; my behaviour; my use of language; my responsibilities; the way I see the world?

How do I need to change in order to become: l l l l l l

fairer; more sensitive; more understanding; less prejudicial; less discriminatory; better able to deal with people according to their needs?

If I were to change one thing about the way I act as a result of reading this chapter what would it be?

24 The Equal Opportunities Handbook

Chapter 2 The Role of Language Language has a vital role to play in treating people fairly. After you have read this chapter through you should have a good idea of the following: l l l l l l

why language is so important; two general guidelines to follow; language and labelling; language and humour; exclusionary language; and problems associated with specific words and phrases.

THE IMPORTANCE OF LANGUAGE

What’s in a word? The fact that you are reading this book suggests that you are at least thinking about issues of equal opportunity and diversity. It may be that you are just wondering what all the fuss is about, or you may want to be that little bit better informed so that you can, as far as possible, treat people fairly. You probably won’t agree with everything which follows, but at least we hope to present you with some issues which will convince you that language has a very powerful inf luence in equal opportunities and diversity. Just talking about the issues will lead you into using some of the terminology of equal opportunities and diversity. This chapter is designed to explain some of the terms in current use and establish whether they are always appropriate. It concludes with a selection of words and phrases which, if we are serious about treating people fairly, need careful consideration as to their use.

The Role of Language 25

Pause for thought Do you use language which may: l l l

exclude individuals or groups? stereotype? suggest you may have prejudged people or groups in negative terms?

First of all, here are two general guidelines to follow.

GUIDELINES FOR USING LANGUAGE WHICH IS FAIR There are two fundamental principles in making sure that your language is fair. It should be sensitive and appropriate. Both of these are, of course, very subjective. One person’s view of what is sensitive and appropriate may be very different from another’s, but that’s no reason to avoid trying. Let’s deal with each of them in turn.

Sensitivity How often do we stop to think about the effect our words are having on other people? At school, we may have come across the rhyme ‘sticks and stones may break my bones but names will never hurt me’. Whilst we may have tried to cling on to the truth of that rhyme for comfort when other children were calling us names, I wonder if it was really true? The fact of the matter is that names do hurt, and words can wound the emotions just as painfully as a knife might slide between the ribs. The point of this is that the insensitive use of words can be a very effective method of discrimination against others, whether intentionally or unintentionally used in that way. Words are particularly powerful because they can be subtle and low level, persistent but not necessarily obvious. Seemingly innocent words can be given a prejudiced ring just by changing the emphasis. The word Arab, for example, is straightforward enough, but put the stress on the A and get A-rab and the speaker very probably means the word to have a derogatory and prejudicial meaning. We need to say a few words about sensitivity. You will no doubt be able to think of language which is totally insensitive and examples of language which is entirely the opposite and takes full account of the needs and feelings of the people to, or about, whom it is used.

26 The Equal Opportunities Handbook

Figure 2.1 shows the two ends of a scale of sensitivity. We would probably place outright racist language or outright sexist language at the left-hand extreme. By the same token, language which is careful and caring would be at the opposite end. Pause for thought l

Take a few moments to work out where on the scale in Figure 2.1 your everyday language about and towards others who are different to you tends to fall.

Knowingly Always aware of the effect of language

Using racist/sexist and other discriminatory language – either not concerned or deliberately malicious

Deliberately tries to be sensitive in use of language Careful of words

Insensitive

Sensitive

Occasionally using racist/ sexist and other discriminatory language

Could do with being more aware of the effect of language

Using words without any knowledge of the implications – ‘does he take sugar?’

Not careful of words but few adverse consequences

Unknowingly

Figure 2.1

Sensitivity and insensitivity may be either conscious or unconscious

The Role of Language 27

The diagram also illustrates a scale of extremes of consciousness of language. At one level you might really offend someone by what you say, but have absolutely no idea you are doing it, and at the other level people may take no offence at what you say, but you have no idea that there was an issue for you to avoid! Again, have a think about times when you may have unintentionally offended someone with what you have said. An example of this might be where unintentional offence is often given to disabled people, where we refer to their ‘courage’ or use of phrases like ‘wheelchair-bound’. Some people with a disability find it intensely irritating at best and deeply offensive at worst to be patted on the head for courage in a situation which they cannot avoid, or to be referred to as wheelchair-bound when in fact the only thing that really disables them is the environment in which they live. . . buses with no ramps, no lifts at underground stations, and so on. Throughout this book we challenge you to consider the consequences of a particular action, word or thought. This is particularly important in the case of language. Ask yourself: ‘What are the consequences of what I am saying, for the person or group to whom I am referring, the person I am speaking to, or for myself?’

Is one of the consequences of my language that it will give offence? This test is obviously subjective and will depend on the way you view what is offensive or not, and how sensitive you are to the needs of other people. Even taking account of the problems of subjectivity, the benefit of asking such a question will be that you will automatically help yourself to avoid being unconsciously insensitive. It is hoped that by the time you have considered the issues in this book you will have developed greater sensitivity to what might be offensive. It is also important to note that using offensive terminology, even when the target person or group is not present, can often reveal your true attitudes towards the issues. Terms like ‘spade’, ‘coon’, ‘nigger’, ‘paki’, ‘Essex girl’, ‘chav’, ‘queer’, ‘bender’, ‘poofter’, ‘nutter’ – the list could go on – are never sensitively applied to people and should only ever be used in the context of exposing their offensiveness to others. Remember also that persistent use of such terms, for example at work, might put you in breach of legislation such as the Race Relations Act, the Race Relations Amendment Act or the Sex Discrimination Act. The implications of this are discussed in Chapter 11.

28 The Equal Opportunities Handbook

Pause for thought l

Are there any words that you routinely use that might cause offence?

Relevance The second fundamental principle is that the words we use should be relevant. It is always worth asking, ‘Do I need to use the word at all?’ As we noted above, terms of downright abuse are only ever acceptably used in the context of exposing their offensiveness. Where, however, we are employing terms which are not in most contexts offensive, but nevertheless might have the effect of labelling a person or group (see below) then we do need to take special care. If we are talking about the issues surrounding community relations, we can hardly avoid using words which have the effect of grouping people – eg Bangladeshi, Pakistani, Jewish, Muslim – but we do need to be careful, because in most other circumstances the term ceases to be relevant. So if we are describing someone’s suitability for promotion, praising someone who has done well, or complaining about bad behaviour, then it would not be relevant to use a grouping term which had nothing to do with what is being discussed. This leads us to consider the relevance of using skin colour. Many television channels currently run programmes which describe the scenes of crime and give out descriptions of suspects. When skin colour is relevant there is no particular problem in referring to it. When reporting crimes, it is becoming increasingly common to state a suspect’s skin colour whether they are white or black, and to use both is of course important. If all descriptions of black suspects included the word ‘black’ but descriptions of white suspects did not include the word ‘white’, the effect would be to build a false association between ‘black’ and ‘suspect’ and not ‘white’ and ‘suspect’. Note, however, that skin colour alone does not amount to a description, and neither is it always the most significant feature of a person. If a bank robber was particularly tall and wore gloves and mask, there would be a number of factors for a witness to mention in any description other than skin colour!

The Role of Language 29

LANGUAGE AND LABELLING Amongst other uses, we use language to label things. Nouns (naming words) attached to objects, label them. In the same way, we have a tendency to label people and groups of people. The problem with this can be that the label takes on an importance out of all proportion to what it is trying to describe or name. Gordon Allport (1954), in his important book on prejudice, noted that some labels are ‘exceedingly powerful’. In an example which, sadly, still has relevance more than 50 years on, he describes the experience of a man who had lost the sight of both eyes – a ‘blind man’. ‘There were many other ways’, he reports, in which the man might have been described; as an expert typist, a careful listener, a good worker, and so on. In trying to get a job in the telephone order room of a department store, the man was confronted at his interview with: ‘But you’re a blind man’. The label ‘blind man’ had clouded the interviewer’s judgement to the extent that all his other attributes became invisible. Today such an approach may well contravene disability discrimination legislation. Labels have the effect of preventing any other classification of the person or group; yet no single label can ever describe all there is to know about a person. One label that evolved in the early 1990s is ‘new age traveller’. It is rarely meant to be just descriptive and even more rarely complimentary. A person to whom this label is applied is very often stereotyped by the rest of society as deviant, scrounging from the state, dirty, and so on. But is that all there is to know about new age travellers? Do they all scrounge from the state? Is there really nothing in their approach to life which is acceptable to society? The label has the effect of preventing most people from even considering these questions. Pause for thought l

Take a moment to think about some of the labels you may use in the way you talk about other people and groups.

A general guide to the acceptability of a label is whether the person uses the term in relation to themselves. Groups often choose their own ways of classing themselves. Examples of this are when people say ‘I’m black’ or ‘I’m Asian’ or ‘I’m a Muslim’ or ‘I’m

30 The Equal Opportunities Handbook

a Christian’ or ‘I’m Turkish’. It’s how people see themselves which counts, not how other groups want to label them. If the person feels comfortable with using the term about themselves, the chances are they will not be offended if you use the term as well.

Nicknames Before we leave this point there is a case for caution to be made particularly in the area of nicknames. For example, if a black person found a particular racist nickname acceptable, and it was used regularly by colleagues, it could lead to real problems if those colleagues subsequently thought that they then had tacit approval to use the term in relation to other black people. As we saw in Gordon Allport’s example above, inappropriate labels are often attached to people with a disability. The fact is, of course, that a person is not the same as the condition they have. Some find it insensitive, for example, to refer to a person who has cerebral palsy as a ‘spastic’, or a person who has arthritis as an ‘arthritic’. They are people who happen to have a condition which makes them less able to do certain things.

LANGUAGE AND HUMOUR We have found that in almost any discussion about equal opportunities and diversity issues, one thing which is almost certain to come up is the subject of humour. This is probably not a bad thing, because inappropriate humour can have a very real effect in putting another group down and needs to be dealt with. If we are really developing a greater sensitivity to the needs and feelings of others, the ‘Englishman, Irishman and Scotsman’ jokes will become less and less funny, as will all jokes made at the expense of others such as people who are gay or lesbian, members of minority ethnic groups, women, those from particular religious groups or people who have a disability. Psychologists and sociologists have tried with great difficulty to pin down the real essence of humour. What can be said with some certainty, however, is that we can observe not so much what it is, but the effect it has. Some of the functions of humour are outlined by Hugh Foot (in Hargie, 1986), and they are worth noting because they are directly relevant to arguments about humour in equal opportunities and diversity. The uses of humour he identifies include:

The Role of Language 31

Expression of liking and friendship Many people seem to value humour as a social asset. They use it as a way of gauging how people are responding to them, and a shared sense of humour can help to oil the wheels of social interaction. One key point here is that because humour is so valued, jokes will often be made by someone who is seeking the approval of others. This is important to remember in equal opportunities, because a person from a minority group might well go along with jokes about themselves and their group not because they agree with the jokes, or are not hurt by them, but because if they don’t, they will fail to conform to a social asset that is valued and they won’t fit in.

Expression of dislike and hostility There is little doubt that a great deal of humour is cruel, in that it is aimed at oddities, low intelligence, unusual habits or (in the eyes of the joker) negative features about a person; very often things that they cannot change. Hugh Foot argues that humour might well be the only socially acceptable way of expressing hostility. At one end of the scale we might take pleasure and laugh at someone slipping on a banana skin, whereas at the other we might use jokes to express our outright hostility to minority ethnic groups, women or others who are in some way different from the majority.

Controlling social interaction Humour is often used to change the direction or depth of a particular conversation. There are, of course, many times when such a use would be perfectly legitimate, but very often it is used as a device to divert attention from issues which are becoming uncomfortable. This is a very frequent phenomenon in equal opportunities and diversity training. It is not at all uncommon to find that as soon as the going gets tough and deep-seated attitudes are being addressed, someone will crack a joke in an attempt to make themselves and the group feel more comfortable. This is sometimes called ‘f lighting’ as it enables a person or group to ‘f ly-away’ from an uncomfortable topic.

Reinforcing stereotypes Foot argues that ‘the power of humour in perpetuating myths and reinforcing stereotyped and traditional attitudes is greatly underestimated’. ‘How else’, he asks, ‘do we derive our stereotyped views about the Irish, the Scots, the

32 The Equal Opportunities Handbook

Welsh, Protestants, Jews or Catholics?’ This leads us to discuss the myth that is central to all this, and to outline some of the arguments against it.

Myth ‘I was only joking.’ Myth-buster l

l

l

In terms of the law on equal opportunities and diversity there are numerous examples of how jokes can amount to either racial or sexual harassment. It doesn’t matter that you were joking, it is how the other person receives the joke that is important. So it’s quite possible that your joke might actually be amounting to unfair treatment of the other person. A reinforcement to the ‘I was only joking’ excuse is the argument that people often laugh at themselves, and that this therefore justifies humour at their expense. Now it would of course be wrong to suggest that people never laugh at themselves, of course they do; but what we need to ask when this is happening is, ‘who holds the power?’ If the person making the joke is in the dominant group, whether it be ethnic, gender, sexuality or physically able, then what options does the person in the minority have? They can run the risk of not laughing and seeming to be spoilsports, making themselves even less attractive to the dominant group. Or they can go along with the joke, find it funny (even if they don’t) and by giving way if not gain acceptance, then at least avoid further ridicule. The poet Lord Byron seems to have summed the situation up in the line: ‘And if I laugh at any mortal thing, ’Tis that I may not weep’ (Don Juan).

LANGUAGE WHICH EXCLUDES One sure way of telling if a person is serious in their efforts to treat people fairly by the application of equal opportunities and diversity is to listen to the way that they speak or write. Now one thing we need to stress is that we all make mistakes and that we need to get our own houses in order before we start jumping down other people’s throats and pointing out the

The Role of Language 33

deficiencies of their words. Having said that, as we grow more sensitive to the important role language can play in treating people fairly, it is likely that we will more frequently notice words and phrases that clearly exclude some groups, assert male dominance or put others down. It probably won’t be long before someone accuses you of nit-picking, or making a mountain out of a molehill. We all need to remember that we are dealing with a real problem, not just a political correctness issue.

Words which exclude women In the English language, there seems to be an assumption that the world is male, and although words like ‘mankind’ have traditionally been supposed to refer to both men and women, the image that is conjured up for most people seems to be male, even though in the UK there are, in fact, more women than men in the population! If language is to be both sensitive and relevant, and if we are really going to try and promote positive images and acknowledge the contribution of women to our society, then terms which exclude women must be avoided. You can probably think of lots of examples of what has become known as ‘gender-specific language’, but here are a few specific occupational examples which will give you a head start. chairman charwoman fireman foreman headmaster layman manpower policeman taxman workmanlike workmen

= = = = = = = = = = =

chair cleaner firefighter supervisor headteacher lay person human resources, staff police officer tax officer/inspector proficient/professional workers

Using ‘he’ or ‘she’ Many valiant attempts have been made to try to solve this one, and opinion is divided as to which is the best option. In writing this book we have tried to avoid the problem by writing round it. Sometimes the grammar may not

34 The Equal Opportunities Handbook

be to the liking of a strict grammarian, but the alternatives have their difficulties too. Many people find ‘he/she’, ‘(s)he’ or ‘s/he’ to be clumsy and difficult to read. Others use he throughout their writing and put a disclaimer at the front to the effect that the word is to be taken to include she, as has traditionally been the case. We find this alternative a bit thin as it still has overtones of male dominance. Why, for example, could ‘she’ not include ‘he’ – which, in terms of the letters, it does?! Yet another method is to use he in one chapter and she in the next, and so on. This also has its drawbacks and has been known to confuse readers. You must make your own decision, but whatever you decide, be aware of the problem and be sensitive in your use of language.

Using modifiers Be careful of modifying a word to give it a meaning other than the one you actually intend. It is rarely relevant and often insensitive to say ‘woman doctor’, ‘woman police officer’, or ‘male nurse’, as these uses suggest that there is something special or unique about being a woman (or man) in those roles. Ask yourself ‘why would I not say “male doctor”?’, and so on. We rarely refer to males over 18 as ‘boys’, but describe them as young men. Why then are females over 18 so often referred to as ‘girls’? There is a strong sense of implied dominance in such language and it is best avoided.

PARTICULAR WORDS AND PHRASES Language is a dynamic thing in that it changes all the time. At the time of writing this book children seem to use ‘wicked’ or ‘bad’ to mean ‘brilliant’ or ‘wonderful’! You can no doubt think of examples of words that had special meaning in your own youth, or if you are a reader who still considers yourself young, you will know of such words in common currency! So it is with the language of equal opportunities and diversity. Many people, in their efforts to treat people fairly, are now being more sensitive and appropriate in what they say and are accepting that words matter. There is another phrase which is being used more and more, namely ‘political correctness’. It has taken on a meaning which seems to denigrate efforts to be more sensitive and appropriate in the use of language. While the phrase might fairly be used in relation to extremists, we believe that it is often used as a smokescreen by those who feel threatened by a challenge to their own use of language, and who demonstrate an unwillingness to change.

The Role of Language 35

Pause for thought l

l

If you were asked what you understand by the term ‘political correctness’, what would you say? Is it a helpful or unhelpful concept?

Words to use with caution In the following list, we offer some words which, if not avoided altogether, need more careful consideration about the way they are used. Before starting the list it is worth noting that there have been a number of spoof ‘dictionaries’ and rewritten fairy stories which attempt humour by advancing ‘politically correct’ language as a joke. Remember that any humour they contain is at the expense of genuine attempts to achieve fair use of language.

Black So-called racial categories in most common use do not refer to race at all but to the colour of a person’s skin. If you refer to the guidelines above, you will note that using skin colour is appropriate sometimes, either as a means of identifying an individual, provided generalized stereotypes such as coloured are avoided, or because the group in question has chosen that as a self-classification. Black Caucus, Black Churches, Black Music are just three examples of the latter. On the other hand there are many words and phrases in everyday use that continue to reinforce negative images of certain groups. Such words and phrases as black mark, blackleg, black cloud, black as the devil, black sheep, Black Death and blackmail all refer to things which are not good, and perpetuate false images of blackness. Simply using the term ‘blacks’ can also be unhelpful and insensitive.

Coloured This term is still often used by white people in Britain, and many to whom it is applied find it at best patronizing and at worst racist. There are links with the former South African apartheid system, which classified some citizens as coloured. As a form of identification it has no value as it is too non-specific. It is also a term sometimes used in the Caribbean as a derogatory description of someone of dual ethnic background.

36 The Equal Opportunities Handbook

Crippled by Also ‘suffering from’, ‘struck down with’ and ‘aff licted by’. If it is necessary to refer to the person’s condition at all, just use ‘has’, ‘had’ or ‘with’.

Disabled Using the word as a noun implies that the disabled are a group set apart from the rest of society. Throughout this guide we will emphasize that people are individuals and should be treated as such. If it is necessary to refer to it at all, ‘person with a disability’ may be more sensitive.

Girlie Seemingly growing in use, the term implies a host of inappropriate maledominated and patronizing images.

Handicapped This word is rarely appropriately applied to a person with a disability, unless it is qualified in some way. A person may be handicapped by something, such as an illness or disability. Of course they may be giving you a head start at golf! The word originated many years ago in horse-racing, where the rider of a particularly good horse was required to ride with a cap in one hand, to give the other riders an advantage. This cap-in-hand image is seen by some as implying that disabled people need to depend on charity for their wellbeing, and they, not surprisingly, find this offensive.

Homosexual The term is in less frequent use these days and is not usually favoured by the people to whom it is applied. The word is medical in origin and, when it is used, often only means men. Again, where it is necessary to make reference to a person’s sexual orientation, it is better to use the term gay man, lesbian, or member of the gay community.

Immigrant This is usually an inappropriate term to use as it has implications that the person is somehow an outsider, or an intruder into society. The term has also generally been used to refer to a black immigrant and therefore reinforces prejudice against a particular group. In fact, about half of the

The Role of Language 37

British non-white population was born in the UK. The term may be used appropriately when a person’s status under the legislation relating to immigration is under question.

Invalid Use ‘person with a disability’, or ‘person who is less able’.

Mental handicap It is often preferable to replace this with ‘person with learning difficulties’ or ‘person with mental health issues’.

Negro, Caucasian, Negroid, Oriental These are all words which are becoming redundant in our language. They are terms relating to discredited theories of racial origin which held that there were valid biological differences between people of different races. The only significant biological differences among the human species are those of medical relevance – such as blood groupings – which are not distributed according to skin colour at all.

Settler If it becomes necessary to refer to the fact that a person originated overseas, then ‘settler’ is a term with fewer connotations. The word implies full immigration rights, which are enjoyed by the vast majority of people in question.

Victim Use ‘person who has’, ‘person with’, or ‘person who has experienced’.

Wheelchair-bound Use ‘wheelchair user’. As we will see in Chapter 7, the main thing that makes wheelchair users bound is the environment in which they have to live and move.

KEY POINTS IN THIS CHAPTER l l

Language has a vital role to play in treating people fairly (or unfairly). Words should be sensitive and relevant.

38 The Equal Opportunities Handbook l l l

l

‘I was only joking’ is a thinly veiled excuse for unfairness. Labels obscure all the other qualities a person has. Your spoken and written language will be a test of your commitment to fairness. There are some words and phrases which need special care in their use, and may be best avoided altogether.

PERSONAL ACTION PLAN Try answering the following questions: How will the things I have learnt in this chapter change the way I think and act towards others who are different to me? What has this chapter helped me to learn about myself with regard to: l l l l l l l l

my beliefs; my attitudes; my values; my knowledge of others; my behaviour; my use of language; my responsibilities; the way I see the world?

How do I need to change in order to become: l l l l l l

fairer; more sensitive; more understanding; less prejudicial; less discriminatory; better able to deal with people according to their needs?

If I were to change one thing about the way I act as a result of reading this chapter what would it be?

Being in a Majority Group 39

Chapter 3 Being in a Majority Group We are going to be discussing what it means to be part of a majority group and equally what it’s like to be on the outside of a majority group. By looking at this important area, we hope to show that the ways in which members of majority groups think about and behave towards other people who are not in that group tend to disadvantage and discriminate against those on the ‘outside’. By the time you have read this chapter you should have a better understanding of: l l l l l

l l

the relationship between British culture and different minority groups; how the face of British culture has changed and continues to change; how ideas about what is normal can create prejudice and unfairness; the part that members of majority groups play in deciding what is normal; how thinking in terms of ‘us and them’ reinforces differences and prejudice; what it means to be in a majority group; and what it means to be on the outside of a majority group.

BRITISH CULTURE Pause for thought Take a few minutes to think about the whole idea of being British and about British culture and traditions. Then try to answer the following questions:

40 The Equal Opportunities Handbook l l l

What does the idea of being British mean to you personally? Who decides what British culture should be like? Can you think of ways in which British culture has changed or is changing?

Don’t worry too much about what the word ‘culture’ actually means. The truth is that there is no hard and fast definition, and different people will probably come up with different examples of what culture is if asked. The important thing for this exercise is that you start to think about what British culture means to you.

Being British Let’s take each of these questions in turn. The first thing we asked you was: What does the idea of being British mean to you? Certainly the word ‘British’ just on its own can carry all sorts of meanings for all sorts of people. But whatever those different meanings and ideas might be, the chances are that the word suggests certain characteristics which people who think themselves British share. A common language perhaps, the fact that they live in the UK, the type of food they eat or the clothes they wear, the type of education they have received, a common history, or even the type of TV programmes they watch. These characteristics may well be part of what being British actually is, but when you start to look closely at them they don’t always hold up that well. Do I have to live in the UK to be British? If that were the case, British people who live abroad would no longer be able to consider themselves as British! What about the food we eat? Some of the most popular types of food in the UK, like burgers, pizza and curry, don’t fit that easily with the ‘roast beef and Yorkshire pudding’ or ‘fish and chips’ image of British cuisine. There are so many different examples of how what is thought to be culturally normal is actually relative and changing. What is important for our purposes when thinking about equal opportunities and fair treatment is how these images of Britishness can be used to exclude members of our community. For example, the fact that a woman member of the community wears a sari or burka and (because English is her second language) may not speak English f luently can lead some people to believe that she cannot or should not be considered British. The fact that those same misguided people do things themselves or have characteristics which also break away from what is culturally ‘normal’ or typical is forgotten.

Being in a Majority Group 41

How British culture can exclude This brings us to the second question: Who decides what British culture should be like? Let’s face this question head-on without pulling our punches! It is the white, heterosexual, male majority with access to forms of power (particularly political power) in our community who have established and who continue to define what is to be considered culturally typical or normal. They hold the monopoly on British culture and what it means. If you don’t easily fit into their definitions you could find yourself looking at the majority group from the outside, with all that this entails. Black people, women, people with disabilities, single parents, members of the gay community, all of these people and others can, at certain times, find themselves marginalized (pushed to the edge of our society) and isolated in some way from the majority. They don’t fit in with the image of what being a normal and typical British person is, an image that has been created by the powerful majority. This may show itself in the way that members of the majority group talk about and behave towards members of these other groups or it may reveal itself in a closing down of opportunities enjoyed by the majority, such as poorer education, restricted opportunities for work, lack of promotion or a lack of access to services and facilities. Returning to our discussion about the common roots of prejudice covered in Chapter 1, you will recall that we spoke about power and vulnerability. In the circumstances just described, you can readily see how these two common roots of prejudice operate. Members of the majority group with the power to say what British culture is and should continue to be, and what the normal and typical British citizen is like, use this power to exclude people who, by virtue of the fact that they are in some way different from the majority, appear to threaten the majority group’s hold on power. l

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In the case of gay men and lesbians, this threat is a moral one, a perceived attack on how the majority define right, good and proper ways of behaving. ‘If we allow gay men and lesbians to function as full and respected members of our community, we will be forced to rethink our values on sexual preference and normality, and of what is right and proper behaviour.’ In the case of black people, this threat is to aspects of white dominance and white culture. ‘If we allow black people to become full and respected members of our community, with equal rights and opportunities, they will rise to positions of inf luence and power and we will lose our places as the people with the inf luence and control.’

42 The Equal Opportunities Handbook l

l

In the case of women, it is a threat to male dominance and male power. ‘If we allow women to have equal power and opportunities in our culture, they will rise to positions of inf luence and power, and men might then have to take over some of the domestic responsibilities!’ In the case of people with disabilities, it is a threat to majority views of normality and ability. ‘If we allow people with a disability to be considered full and respected members of the community, it would show them to be equally capable of doing the things that we have argued you need to be fully able to do. We might also have to adjust our own environment to take account of their needs and that would be expensive.’

In each of these cases the power of the majority group is used to overcome their own feelings of vulnerability and to address what they see as threats to their vested interest and to the status quo (how things currently are). Pause for thought l

What responses to feelings of vulnerability by the majority group have you experienced?

How British culture can change The third question we asked you to consider was: Can you think of ways in which British culture has changed or is changing? This is an important question as it allows us to identify not only the changes to British culture itself but also the consequences of that change. For example, during the 1950s, the law which had made homosexual acts between consenting males above the age of 21 years an offence was abolished. This change marked a new degree of social tolerance, which has been added to by the lowering of the age of consent for gay men to 16 years. This change to the law suggests an increased desire to treat members of the gay community with a greater degree of equality and fairness. Other significant changes include the gradual realization that our built environment and public transport systems disadvantage people with disabilities. This cultural change may lead to new buildings and forms of transport which everyone can use easily. Making provision for people with disabilities adds to the usefulness of buildings and transport – it does not make such facilities any less useful to the fully able. Examples include the widening of

Being in a Majority Group 43

aisles in shops, which helps parents with children in pushchairs just as much as those who use a wheelchair. Lifts are similarly helpful. Further examples include the selection of black candidates (particularly in the Labour Party) which has led to members of the black community becoming Members of Parliament. There is a slowly growing number of black people achieving positions of power and inf luence in our community such as judges and trades union leaders. We could also mention the growing popularity of the Notting Hill Carnival, which has become a highlight of the British social calendar. This points towards increased awareness of and interest in aspects of black British life and British/African-Caribbean culture.

Pause for thought l

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Try to think of more examples of how British culture might be changing for the better. Focus on where you work and live: what change is still needed?

BEING NORMAL If someone who didn’t know you was speaking to you on the telephone and during the conversation they asked you to describe yourself and to tell them a bit about who you are and what you’re like, what would you say in reply? Difficult, isn’t it? How do you decide what’s relevant and interesting, what to say and what to leave out? We have run this type of exercise with students over many years, with some interesting results. What tends to be most interesting though, is not what people say but what they don’t say! White students rarely tend to say ‘I’m white’, whereas black students often include this fact. Heterosexuals never say ‘I’m straight’, but gay men and women who have come out might include the fact that they are gay. What people say about themselves can tell us a lot about what they believe is important about themselves and what marks out their individuality. What they don’t tend to say is what they consider to be normal and thus uninteresting. They are so used to the ‘normal’ aspects of their identity that by and large they become invisible. If you live in a predominantly white community, the fact that you are white will fade into the background because you are rarely, if ever, reminded of that fact. After all, you are unlikely to be refused a job or a house because of your

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colour or faith. However, if you are black and live in a largely white community, you are more likely to be reminded of that fact because of the ways in which members of the majority group behave towards you and because of the restricted opportunities available to you. As such, the answer to the question ‘what’s normal?’ is ‘what the people in the majority group are’. Does it matter? To answer this question, imagine you have a disability of some kind. Because the majority of people are able-bodied, everything around them is arranged to meet their needs – try and travel on the London Underground if you are a wheelchair user, for example, or try making a phone call from a public phone-box if you are deaf. The same type of problems can arise for any section of the community who differ from the majority in some way – it won’t be long before they are reminded of this difference. Pause for thought Try a little bit of honest ref lective thinking here by answering these questions: l

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Can you identify your own ideas and attitudes about what you consider to be normal in the areas of physical ability, ethnicity or sexuality? Can you remember a situation in which your views of what is normal may have excluded certain people or groups of people? Have you been in a position where you were made to feel other than normal by someone else? If so how did this feel? As attitudes in society have changed, to what extent have yours changed too?

Another important point about attitudes concerning what is normal is that they tend to make the majority feel safe and comfortable, like members of the same club who will stick together against common threats. In fact, the idea of club membership provides a good example of ways in which women become excluded from certain male-dominated institutions. There still remain many male-only clubs and organizations, such as the Freemasons and Gentlemen’s clubs, whose rules strictly forbid women joining. In other aspects of life women’s exclusion is ensured by informal means, for example by ridiculing girls who want to play football or rugby.

Being in a Majority Group 45

In fact, images of what is normal surround us every day. Adverts in magazines and on television provide strong and appealing images which often depict normal family life as a white, middle-class, ‘three-bed-suburbansemi’ type of existence. Mum is at home desperately trying to decide between competing washing powders in order to wash Jimmy’s rugby shorts. Upstairs her teenage daughter dresses like a model from Vogue while dad, an able-bodied grey-suited successful businessman, does what normal men do: he f lirts, drinks and succeeds. It’s easy to dismiss these pre-packaged images as advertising hype, but they invade and inform our views of normality in subtle ways which we pick up often without realizing. These images of what’s normal reinforce our stereotypes of gender, relationships and ethnicity. Pause for thought l

What images in the media can you think of that tend to shape views of what is ‘normal’? In what ways have these changed over time?

US AND THEM You will have realized by now that ideas and opinions about what is normal are not fixed in stone and are not self-evident truths! Instead they are based upon traditional ways of seeing the world and thinking about people, views and ideas which are controlled by the majority group. By saying what should be considered normal, the majority group sets about creating difference and division amongst members of the community, and this difference and division leads to an ‘us and them’ situation in which the ‘us’ is the majority group and the ‘them’ becomes represented by various other ‘out-groups’. This type of ‘us and them’ thinking lies at the heart of prejudice and often crops up in the arguments of people who are attempting to justify their own prejudiced attitudes and values. Let’s look at a few examples: ‘The problem is they want careers and within two years they have left to have a baby.’ ‘They want to be part of our society but they stick together, wearing weird clothes and eating all that smelly food.’

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‘They hang around on street corners moaning about not having work whilst the rest of us have to knuckle down.’ What messages are the people making these comments sending out about their views of themselves and their views of other people? In Chapter 2 we took quite a detailed look at the whole area of the type of language we use and the messages we send to others. Many of the skills and ideas contained within that section are applicable here when thinking about how we often use ‘them’ and ‘they’ when talking about people who are different from ‘us’. Be aware of the implied meanings and consequences of using these terms.

IN-GROUPS AND OUT-GROUPS

Your own experience So far, we have looked at majority groups in terms of their power to inf luence cultural norms (by cultural norms we mean ideas and attitudes about what is considered normal and acceptable within a particular culture). But if we want to change this type of large-scale thinking and stereotyping and prevent individuals from becoming excluded and isolated, we need to begin at the personal level by realizing how we, as individuals, may be contributing to such thinking and behaviour.

Pause for thought Try and identify a time when you felt in the minority or on the outside of a group. Perhaps you were the only man in a group of women, or the only woman in a group of men. Or maybe you were the only white person within a group of black people or the only black person in a group of white people. Alternatively, you may have found yourself a stranger in a group of people all of whom knew each other well. Whatever the situation was, we want you to try and answer these questions: l

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How did it feel being in the minority or on the outside of the ‘ingroup’? What was it about the ‘in-group’ that made you feel in the minority or on the outside?

Being in a Majority Group 47 l

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Did the way that members of the ‘in-group’ behaved towards you make you feel more isolated or less? Did you change your behaviour at all in order to become more acceptable to the ‘in-group’? Did you feel you had to prove yourself to members of the ‘in-group’ to become accepted? Did you feel that members of the ‘in-group’ exaggerated the things that they shared as a group when you were around them?

It’s extremely useful to be able to identify the thoughts and feelings that you had as a member of the ‘out-group’ in such situations, as this will increase your ability to use empathy towards others when the situation is reversed and you find yourself the member of an ‘in-group’ and they are outside your group (members of the ‘out-group’). By realizing how you felt in this situation you will realize how they are probably feeling in the same or similar situations. ‘In-groups’ use all sorts of strategies in order to keep other people out (see Figure 3.1). They may ignore the outsider, make jokes about them or the group they are perceived to belong to, or say derogatory things about them either behind their back or within earshot, but not directly to them. Members of the ‘in-group’ may exaggerate things they hold in common or crack ‘injokes’, or they may socialize together in ways that exclude the outsider. Alternatively, they may patronize the person, saying how brave the person is to want to join the ‘in-group’ at all, or they may make the person their token representative from the ‘out-group’, seeking their ‘out-group’ views. In many of these situations the ‘out-group’ person has only a limited number of choices: join in and conform to ‘in-group’ attitudes, stereotyping and prejudices by trying to ‘become’ one of the ‘in-group’; keep quiet in the hope that members of the ‘in-group’ will get tired and lose interest; or confront and challenge. As we said in Chapter 1, there can often be enormous pressure placed on people to conform to the majority viewpoint by accepting that the majority view of things is the correct one. Let’s look at an example of how this might occur in practice. A woman joins a company with high expectations that she will be able to rise through the firm using her own abilities and merits. She soon discovers that, as a woman, she is a member of an ‘out-group’. When confronted by sexism and male pressure, she is forced either to change her expectations or

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Exaggerate difference Attach labels

The majority group

Impose values Hold power Stereotype

Restrict entry

Impose traditions Define what’s normal Make rules

Figure 3.1 Ways in which the majority group keep control and hold power over minority groups

to leave. By conforming she will be accepting the ‘in-group’ (in this case male-majority) view that women are not equal workers with equal rights to men. In the same situation, as we have said, she might instead choose to resist such prejudice by setting out to prove that she is as capable, if not more so, than her male counterparts and in this way she responds to a feeling that she must be better than her male colleagues in order to compete with them on an equal level. Typically, in such situations, the ‘in-group’ male workers will close ranks, exaggerating their common values and interests.

Being in a Majority Group 49

Pause for thought Consider these groups in our community: women, gay men and lesbians, people who have a disability, members of the black community – then try to think of examples of the following: l

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Ways in which members of these groups are excluded from the majority group. Ways in which you as an individual may have contributed (even in a small way) to their being excluded.

If you can, try not to reuse examples that we have already supplied in the parts of the book you have read.

KEY POINTS IN THIS CHAPTER l

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Ideas about what is typical and normal in our society are relative and changing. Attitudes and opinions about what British culture is and should be like and who should be considered a normal British person serve to exclude and isolate certain members of our community. British culture is constantly changing, revealing changes in the way that different groups and individuals are viewed. Some of these changes promote fair treatment and equal opportunities; others attack it. Aspects of your self-identity which you consider normal often become invisible to you, whereas things which are shown to be different about you become important. Ideas about what and who is normal are controlled by the majority group and serve to divide people and groups. Those who are not considered normal become disadvantaged and isolated by the majority. The majority group uses its control over definitions of what is normal to safeguard its own positions and interests. The terms ‘us and them’ reinforce divisions in our community and differences between people. Such words often crop up in prejudiced language. Each of us at some time or other has had experience of being in an ‘outgroup’ with the feelings of isolation and vulnerability which result. By identifying and understanding these feelings we will be in a better position to extend empathy to others when the situation is reversed.

50 The Equal Opportunities Handbook l

‘In-groups’ use many different strategies towards ‘out-group’ members in order to retain their power over them. These strategies restrict how the ‘out-group’ person can act.

PERSONAL ACTION PLAN Try answering the following questions: How will the things I have learnt in this chapter change the way I think and act towards others who are different to me? What has this chapter helped me to learn about myself with regard to: l l l l l l l l

my beliefs; my attitudes; my values; my knowledge of others; my behaviour; my use of language; my responsibilities; the way I see the world?

How do I need to change in order to become: l l l l l l

fairer; more sensitive; more understanding; less prejudicial; less discriminatory; better able to deal with people according to their needs?

If I were to change one thing about the way I act as a result of reading this chapter what would it be?

Racism 51

Chapter 4 Racism Racism is a major problem in this country and continues to affect the lives of large sections of our community. This chapter will focus on some of the key issues in this important area and will ask you questions about your own opinions and attitudes along the way. By the time you have finished reading through this chapter we hope you will have a better idea of what you think about: l l

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ideas of ‘race’ and the meaning of the word ‘racism’; institutional and personal racism; how it arises and the ways in which this country still has a long way to go to eradicate it; how the effects of institutional racism can be seen in the areas of employment, education and housing and other parts of the social system; something of what it means to be white, and the issues which go with assumptions that being white is to be normal; some of the myths which crop up when thinking about racism, and how they can be exploded; the connection between racism and stereotyping; and race hate crime and how the police and courts are dealing with it.

INTRODUCTION Right from the beginning of this book we have emphasized that prejudice and discrimination f low out of the negative attitudes and beliefs that people hold about others who are different from themselves. People on the receiving end of such prejudice could not do anything about being different, even if they wanted to.

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In the case of racism, the differences which give rise to prejudice are mostly to do with the colour of a person’s skin and the cultural beliefs that others believe (stereotypically) such people must hold. If racism is all about prejudice and discrimination against people because of their colour, what do those who hold racist attitudes want black people to do – become white? Clearly this is not only insulting but impossible. It’s like disliking someone because they have brown eyes and you only like people with blue eyes! This may sound silly, but racism is as illogical and simplistic as that. But while people who have black skin cannot (and don’t want to) change their colour, people who hold racist attitudes can (and should) change these attitudes. In fact, when you think about it this argument holds true for all forms of prejudice. What can be changed are the ideas, beliefs, opinions and attitudes that assert that people who are different from the majority (whether black, gay or those with disabilities) are somehow lesser citizens. The whole issue of racism gives rise to many myths. Accordingly this chapter contains more myth-busters than others in this book. To make it easier to get at them, we have grouped all the myth-busters towards the end of the chapter. Another issue to be aware of as you read this chapter is that the whole subject of racism can often prove very emotive. This has certainly been our experience – racism, more than any other area within equal opportunities, has the potential to get people really ‘steamed up’. In fact you might find yourself feeling uncomfortable or even defensive – that’s OK, use these feelings as a way of increasing your own awareness of the issues you personally find challenging. All we ask is that you approach these issues with an open mind and a willingness to challenge your own behaviour and to think where such challenge is needed.

RACE, ETHNICITY AND RACISM

The idea of race From the start we need to deal with what might appear to be an inconsistency, if not a contradiction, in the way we use the word ‘race’. The term is often used to refer to groups of people with specific and clearly identifiable common characteristics. Increasingly, this view has been challenged as inaccurate and inadequate. At the same time, you will see the word crop up in discussions about equal opportunities – for instance in relation to the Race Relations Act. The reason for this is that many of the mechanisms put

Racism 53

in place to combat racism embody the term ‘race’ in their titles as a way of showing that they are working against prejudice and discrimination on the grounds of ethnicity or skin colour. One event in recent history in which the concept of race was challenged occurred in 1964, when 20 leading scientists were brought together by the United Nations Educational Scientific and Cultural Organization (UNESCO) to consider the issue of race. Most of these scientists were anthropologists, but their number also included specialists in the field of population genetics and haematology (the study of blood). Their agreed statement concluded that all humans living today belong to a single species. Humankind cannot (and indeed should not) be classified into clear-cut categories, even if some might wish to do so (Banton, 1973). Now we are not suggesting that just because one group of scientists got together, that wraps the argument up. What we are suggesting, however, is that the UNESCO meeting was typical of the way thinking about race has developed. Some features to emerge from the change in thinking about the very idea of race include the following: l

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Differences between individuals within a so-called racial grouping are often much more marked than the average differences between those groupings. The characteristics of individuals very often do not in fact correspond with those of their supposed racial type. The latter characteristics turn out to be gross stereotypes. There is absolutely no biological justification for speaking of any racial grouping as being superior to any other. Presumed differences in the level of achievement between groupings of people are solely related to the social and cultural development of those groups and to subjective views of what constitutes ‘achievement’.

We cannot escape the fact, of course, that populations do differ in form, physical appearance and culture. These differences, however, are really just the results of selection processes and adaptations which have taken place over centuries in response to different environmental conditions and climates. The physical form and characteristics of our parents may be hereditary for us, but we do not inherit their culture (as was believed by those who subscribed to the theory that a person’s race dictated their culture). Culture is learnt.

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To sum up, we cannot stress too highly that human beings cannot be biologically grouped as races in any meaningful way. Grouping in other ways, such as by blood type, of course, cross all racial and ethnic boundaries. We are all members of the human race, a single species deserving equal rights and opportunities. We cannot make this point better than it is made in the United Nations Universal Declaration of Human Rights: ARTICLE 1 ‘All human beings are born free and equal in dignity and rights. . .’ ARTICLE 2 ‘Everyone is entitled to all rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.’ You will notice that the Declaration itself uses the word ‘race’. As we have seen, the word can be very misleading in its implication that there are fundamental, significant differences between groups of human beings. Rather than use this term, with the danger of its historical associations of biological superiority of one race over another, we need to try and find an alternative. It is usually preferable to use the alternative term ‘ethnic group’, as anthropologists now do. This description is more helpful in that it describes a social group which is held together not only by common kinship, but also by its culture and/or religion (Calvert and Calvert, 1992).

Pause for thought A government report on the state of equal opportunities training in the police was given the title Winning the Race l

Based on what you have learned so far about appropriate use of language, race and sensitivity, what are your thoughts and feelings about this title?

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The word ‘ethnic’ comes from the Greek word ethne, which means tribe, and this is important because just as with religions, nearly all tribes have procedures for incorporating new members into their group and excluding others as ‘outsiders’. In Chapter 3 we spoke at length about how British culture is shaped and controlled by the majority group, and about the difficulties this poses for members of other groups who want to integrate. These cultural criteria (the norms and values of British culture – dress, accent, background, diet, traditions, etc) are ‘tribal’ procedures for incorporating new members into the group and excluding others. Everybody is a member of an ethnic group, and it is important to remember this to avoid a ‘them and us’ viewpoint or to avoid using the term ethnic in a derogatory way which suggests that ‘ethnics’ are other than ‘us’, somehow separate, perhaps foreign to our customs and way of life. We all have ethnicity – it is just that in this country some ethnic groups are in the minority and others are not. It follows, therefore, that although we use the term ‘racism’ to describe prejudices and discriminations based on the fact that a person is a member of a different (perhaps minority) ethnic group, it would probably be more accurate to term this ‘ethnism’. However, we will continue to use the term ‘racism’ as its meaning is generally understood and accepted. The tragedy of viewing minority ethnic communities as undesirable outsiders is that when such racism exists, humans invariably suffer. History is littered with examples of how human beings have suffered and continue to suffer at the hands of those who wish to pursue a policy of segregation and ‘purity’ of racial extraction. One need only ref lect upon the so-called ‘ethnic cleansing’ in the territory of former Yugoslavia to see this.

Racism Pause for thought l

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Take a moment to consider what you think racism is. You may even have been a victim of it. How closely do the definitions below match with your own? How important do you feel it is to define what racism is?

Having run many training courses aimed at raising awareness of racism and its consequences, we have often had students question the importance of definitions of racism and racial prejudice. What we encourage them to realize is that unless people measure their own attitudes and behaviour against an

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agreed and shared standard (in the case of training such agreement is, of course, group agreement) it becomes all too easy for people to ‘duck-anddive’ their own prejudices by simply inventing their own definitions of what racism amounts to. Because of this fact, we will look in some detail at the meaning of words, terms and definitions as these relate to racism, in order that you (the reader) can ref lect on your position and viewpoint with reference to them.

Racialism To hold a belief that ‘races’ have distinctive characteristics, determined by hereditary factors which endow some ‘races’ with in-built superiority over others, is called ‘racialism’. We hope we have shown you that such a viewpoint is not only invalid but can easily underpin racist views.

Racism To believe that discrimination against a person on the basis of race (or ethnic grouping) is justified is called ‘racism’. Two attempts at defining racism that we have come across are: l

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Racism is ‘decisions and policies made on consideration of race, for the purpose of subordinating a minority ethnic group and maintaining control over that group’. Racism is the combination of ‘prejudice and power’ (by power we mean the power to put that racism into practice).

When we (the authors) speak about racism we take it to include not only racist behaviour but also racist attitudes. We have lost count of the number of times we have heard people say that they feel comfortable with holding what amount to racist attitudes, but that such attitudes never become translated into action. For a start, our attitudes are constantly being given voice by what we say and do in all sorts of different, and often subtle, ways. We have often been involved in an equal opportunities training course where a participant has felt comfortable to express aspects of their racism in front of a member of a minority ethnic group, and in the same breath go on to say it would never affect their behaviour. Such people fail to realize that behaviour includes:

Racism 57 l l l l l l

what they say; how they say it; jokes; the type of language they use; throw-away comments; asides;

and a variety of other forms of both verbal and non-verbal (sometimes called body language) behaviour.

Intentional and unintentional personal racism A major problem with much early anti-racist training during the late 1980s and early 1990s was that it took the position that everybody was intentionally racist in some way. Not surprisingly many well-intentioned people became very offended by this and, far from learning from such training, went away with feelings of antagonism towards it. Instead of encouraging honest ref lection and a willingness to question the validity of personal attitudes and beliefs (the aim of this book), the methods used on those early equal opportunities courses tended to confront and accuse.

DISCRIMINATION

NON-DISCRIMINATION

INTENTIONAL

Aim to make this area as small as possible, or eliminate it completely

This is where you can become more sensitive through greater awareness

UNINTENTIONAL

Aim, as an active reflector on your behaviour, to be more aware of when this happens

It becomes second nature to treat people equally without consciously having to try

Figure 4.1 Use this grid to help you sort out whether there are areas of your behaviour and thinking that you need to challenge

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Pause for thought In Chapter 1 we suggested that if you weren’t already, you should become a ref lective thinker – if you can’t recall what we said about reflective thinking in that section why not take a few moments to re-read it now. In order to develop your skills in this important area try a bit of ref lective thinking now with the aid of the grid in Figure 4.1 and this pause for thought. Just as it is wrong to stereotype members of minority groups by making judgements about who they are, based on only sketchy secondhand information, it’s equally wrong to assume that members of majority groups (eg white people, able-bodied people, heterosexual people or men) spend all their time and energies engaged in acts of prejudice and discrimination. Moreover, individuals may move from discrimination in one situation to non-discrimination in another and from conscious behaviour one moment to unconscious behaviour the next (see Figure 4.1). l

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Look at the grid and identify the area which represents intentional discrimination. By intentional discrimination we mean knowingly doing something to the disadvantage of another person because you hold negative attitudes about them based on the fact that they are different from you. Try to think of any ways in which you have or might do this. If you are serious about getting to grips with treating others equally and fairly, you should strive to make this area of your behaviour as small as possible. The second area to scrutinize is the one labelled ‘unintentional discrimination’. We probably all do this to one extent or another, and this book is peppered with examples of ways in which we might unintentionally discriminate against other people. Can you identify examples where you may have unintentionally discriminated against a member of a minority group? The third area is headed ‘intentional non-discrimination’ and this, along with the last area of the grid, are the two ‘zones of nondiscrimination’ we want to encourage you to inhabit all of the time. Can you think of things you might have to change in order to operate in the intentional non-discrimination zone? By remaining aware of the ways in which discrimination and prejudice show themselves and by staying alert to our own capacity for such behaviour we intentionally try not to discriminate.

Racism 59 l

The more you remain aware of your own negative attitudes towards others who are different from yourself and the way such attitudes inf luence your behaviour, the less conscious you will become of your non-discrimination. It will become so natural as to be an invisible part of you, ie: unintentional non-discrimination.

Sources of racism The presence of racism in our society can be traced to a wide variety of sources.

Social structure In some countries, racism has been part of the social structure and the law. Apartheid in South Africa and segregation in the Southern United States are just two examples. In Britain today, racism is illegal (see Chapter 11 for more details on UK legislation), but often its more subtle forms defy attempts to legislate for equal opportunities.

The legacy of slavery The horror of slavery persisted in this country right up until the nineteenth century, with England playing one of the central roles in the trade in slaves throughout the colonized world. Its legacy of images of presumed white superiority cannot be ignored when we think about the roots of racism in this and indeed other countries. The year 2007 saw the 200th anniversary of the Abolition of the Slave Trade Act of 1807. The beginning of the end of trade in slaves was brought about by the prohibition of British ships throughout the British Empire engaging in the trafficking of people. For over four hundred years Europeans had been engaged in the enslaving of millions of people from Africa and selling them in a trade which spanned the Atlantic. In that period it is estimated that 12 million people were enslaved and over three million died in the process. Whilst it is right to celebrate the actions of many people who fought for the abolition (such as William Wilberforce) the contribution of black people themselves to the ending of slavery should not be ignored. Although the Act to end trafficking in slaves was passed over 200 years ago, the legacy of the slave trade continues and a great deal of racial discrimination has it roots in the previous treatment of black people.

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Returning to institutional racism for a moment, it is important to note that little has been done in this country to acknowledge the part England played in slavery or to own it as a sad part of its real history. An illustration of this is how little focus slavery is given in the history taught in our own schools. Pause for thought Take a few moments to imagine a world in which this situation had been reversed and where slaves were white and slave-traders (considered the superior race, remember) black. l

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What effects do you think this would have had on white culture in this country? If you think such a situation is inconceivable, try to examine how your own values have inf luenced your thinking on this issue.

The arrival of Commonwealth citizens After the Second World War there was a great demand for labour arising from the need to undertake extensive rebuilding of war-damaged buildings, the fact that the British economy was growing and also as a result of the many men who had lost their lives fighting. Recruitment campaigns took place in several ‘New Commonwealth’ countries (particularly the Caribbean and the Indian subcontinent) during the 1950s, leading to an increased settlement of Commonwealth citizens who had responded to the offer of work. These recruitment campaigns portrayed the UK as a land of opportunity and tolerance where hard work was rewarded. Soon after their arrival on these shores, however, these new workers realized that the reality was to be very different. It was widely known throughout the West Indies that work was there for the taking. It was (much) less well known, however, that West Indians might expect to be demoted to a level below their skills or experience; they were normally used at a lower, and therefore cheaper, level of attainment and importance than they would have a right to expect in their homeland. (Walvin, 1984: 108)

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Resentment, fear and ignorance There was also growing resentment and fear amongst the existing population, and overt acts of racism began to emerge. This fear and resentment had its basis in factors such as the following: l

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a view of black people as a threat to – British identity – jobs – housing – a white power-base – white culture; the fact that black people were not viewed as British although they held British passports and were part of the Commonwealth, and were helping rebuild a war-ravaged Britain; and popular myths whipped up by the media that Britain would become ‘swamped by immigrants’.

Not only was the racism that f lowed from this resentment direct and at times violent, it was also to become institutionalized through discriminatory housing and education policies. In the 1950s there were disturbances in Notting Hill, London, where black people became victims of racial violence. To try to combat this, and to improve minority ethnic community relations in local areas of London, voluntary organizations were later set up which were originally called Community Relations Councils (CRCs). To clarify their role they are now known as Racial Equality Councils (RECs). They usually have a small professional staff of Racial Equality Officers (REOs), whose job it is to develop race relations within the community (see Chapter 11).

Personal racial prejudice We noted above that one of the problems with anti-racist training was the aggressive way in which people were confronted with ‘their racism’ and how the very way it was done affected the way people felt both about the training and its subject. In noting this we are definitely not arguing that we don’t all have an ongoing need to examine our attitudes. There are few of us who could claim that we have no prejudices against people whom we consider to be different from ourselves. What does need to be stressed is that it is not wrong in itself to discover prejudice in ourselves. The fact that we usually

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find this an uncomfortable experience is a natural process and a good sign – if it were not so, we might be tempted to conclude that we didn’t care whether we held prejudices or not. In Chapter 1 we identified, in part, the nature of prejudice and how it involves an element of prejudgement on the part of the person holding it. This prejudgement is normally made before we have met the person as an individual and have found out much about them. It is probably true to say that nearly always we change our opinion of a person after we have actually met them. Think about times when you have had to join a new group which is made up of people whom you don’t know – maybe when you attend a course, or start a new job, or when you go to college, or whatever. There you are looking around the group trying to decide what people are like: ‘That person seems approachable’, ‘I like the way they dress’, ‘They seem my type’, or ‘He looks a nasty piece of work, I’ll steer clear of him’. In other words you are forming first impressions, impressions based on only sketchy and patchy information. Having met them and having had the chance to get to know each of them better, the chances are that you will have to modify your initial impressions and the opinions they generated. If you are white, the impressions you form about a black person you have not met before will most likely be inf luenced in part by their skin colour. There are many sources of images of black people that a white person receives. Where these are negative, they give rise to prejudice. The point is that these images can lock us into a ‘cycle of subjectivity’ (this is explained graphically in Figure 4.2). This simply means that as a rule, people tend to try to find evidence to support what they already believe rather than find evidence to contradict it. The point can be illustrated by the general principle of law that a person is considered innocent until they are proven guilty. Prejudice, on the other hand, tends to work in the opposite direction by declaring ‘I will continue to hold my negative images and stereotypes until they are proved false’. Of course the dice are then well and truly loaded. All the subtle and obvious biases against black people which still exist in this country and which are threaded through our culture (and which we discuss in this chapter and in other parts of the book) fuel our negative imagery and it becomes harder and harder to break the cycle. One way to break out of the cycle described in Figure 4.2 is for us to follow the method that some researchers adopt and make a conscious effort to disprove our currently held attitudes and opinions. This will have the effect

Racism 63 Myth

Press

TV Books Tradition My image of others Reinforce

Prejudgement

Find supporting evidence

Look for supporting evidence

Figure 4.2 The way we receive our images of other people sometimes locks us into a cycle of subjectivity which we may need to try to break out of of making us stop looking for evidence to support negative images and instead make us start looking for things to disprove those negative images. For example, imagine you’re at a party chatting with a group of friends. At some point the conversation turns to the story of one of the group who has recently had their house broken into, to which someone says, ‘probably black guys, most burglars are black, it’s a well-known fact’. Instead of nodding and agreeing along with everyone else, why not. . . l l

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Stop for a second. Think about just how valid and true this assertion really is and how many assumptions it makes. Resist the temptation simply to justify these beliefs yourself. You may have examples that you could call upon that would support such racist

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l

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assumptions as the one being voiced, but this is not at all surprising when you consider that the main images we hold of black people in this country are still largely negative. Reject other people’s prejudices rather than simply swallowing them and reinforcing them by nodding or saying nothing. Respond by disagreeing or by questioning what’s been said. As we said immediately above, just saying nothing makes it seem as though you are giving tacit agreement and approval to what’s been said – unfair but true! Break out of the cycle. Break free of racist assumptions.

Pause for thought l

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Think about the images of black people presented in television advertising and in the newspapers. How do these images differ from the way that white people (in general) are depicted? What jobs or roles do black people typically get shown promoting on TV in programmes and adverts? Would you say that the images are becoming more positive or less?

Race hate crime Increasingly the police are taking specific action to combat hate crimes – those crimes that are motivated by hatred of individuals because of their membership of a minority group whether that is because of the sexual orientation, race, religion or disability of the victim. Race hate crime, as the name suggests, involves crimes motivated by hatred of persons from ethnic minority communities. The classification of a crime as a race hate crime is driven more and more by the views of the victim and of those who may have witnessed the incident: if a victim or a witness believes the crime was motivated by racial hatred, the police will classify the crime as such. This is a significant development as historically the police themselves have been criticized for demanding firm evidence that a crime has been racially motivated despite the views of the victim or of witnesses.

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Once a crime has been classified as a race hate crime, the police will work in conjunction with other agencies and community groups in an effort to identify the offender and bring them to justice. Such classification also helps to identify patterns of race hate crime as they emerge, providing the police with additional intelligence. Many police forces have created dedicated teams of officers to deal with hate crimes and these officers often receive specific training and work alongside staff from other agencies to ensure a multiagency response. Where offenders are arrested and are charged with specific racially motivated offences they can expect to receive increased punishment at court because of the racially motivated nature of their crime if they are convicted. Taking race hate crime seriously in this way has led to an increase in trust of both the police and the courts within ethnic minority communities. Even where it is not possible for an offender to be taken to court, the police, working with the local authority, may be able to take alternative action such as seeking the offender’s eviction from a council-let property in cases where the offender lives within the same neighbourhood as the victim and both live in council housing.

Institutional racial prejudice and discrimination The reins of power in this country have for centuries been held by white males who have made official policy and determined how things should be. It is only recently (and only gradually) that we have begun to see black people reaching positions of political power. We have a very long way to go before we have a system that can represent the truly rich variety of cultures which go to make up modern Britain. In the 2005 general election just 15 MPs elected were from an ethnic minority. Thirteen of these were from the ruling Labour party and two were from the Conservative opposition. In overall terms this means that in a country with 8 per cent of its population (2001 Census) from an ethnic minority, only 2.5 per cent of MPs were themselves from an ethnic minority. Figures such as these show how much still needs to be done to ensure that there is proper representation of the black population in terms of political power. The situation is equally poor in other institutions (which have power) such as the police and the judiciary, where representation of people from minority ethnic backgrounds is still out of kilter with the population generally.

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As we said in the opening chapters, the use of political power is often directed at maintaining the status quo (how things are) and at keeping those in power, in power. It was inevitable, therefore, that our institutions should develop in ways which proved disadvantageous to members of the black community. When parts of the social system discriminate against sections of the community we use the term institutional racism, ie racism that has become built into the ways in which we organize our society. Following the outcome of the public inquiry in 1999 which investigated the murder of the young black student Stephen Lawrence, the whole issue of institutional discrimination in general and institutional racism in particular has become a crucial issue. The report that emerged from this inquiry threw up fundamental questions about the way our large institutions such as the police and the criminal justice system are arranged, and how they operate in ways which tend to discriminate against ethnic minority individuals and groups. In fact, the whole question of institutional discrimination holds important lessons for all of our major institutions, including health, housing, education and social services. Chapter 9 looks specifically at this issue. The Commission for Racial Equality (CRE) was set up in 1976 to enforce the race relations legislation in this country and to help promote equality of opportunity and good relations between people of different ethnic groups. Particular areas of its concern are employment, housing, education, and the provision of goods and services. In October 2007 the Commission for Racial Equality was subsumed into the new Commission for Equality and Human Rights. All the evidence suggests that the work of the original CRE will need to be taken forward strongly, not because the CRE was lacking in vigour but because there is still a mountain to be climbed. One example of this is to be found in the employment statistics for people from minority ethnic groups. This is dealt with in the next section.

Employment and unemployment In May 2007 the Commission for Racial Equality (CRE, 2007) reported that in the six months to May 2007 it had received over 5,000 complaints and that 43 per cent of these were linked to employment. The three most common areas for complaint were bullying in the workplace, lack of career progression and being unable to get an interview. It further reported that analysis from

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the Employment Tribunal Service showed that in 2006–07 there was an increase of 23.7 per cent in the cases of race discrimination brought to tribunal, the average award for a successful case being £30,361. According to the Office for National Statistics, unemployment rates for people from non-white ethnic groups are generally higher than for people from white ethnic groups. Only Indian men had a similar rate to their white counterparts. Some other highlights from the statistics include: l l

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at 20 per cent Pakistani women had the highest unemployment rate; the next highest rate of unemployment was for women from black African groups and those from mixed ethnic groups (12 per cent); for other female groups such as black Caribbean, Indian and Chinese the unemployment rates were about twice those for their white counterparts; for men, black Caribbean, black African and mixed groups had the highest rates of unemployment at between 13 and 14 per cent. These are about three times the rate for white men.

Quite apart from the experience of black and minority ethnic people in employment (see above) the employment and unemployment statistics for people from minority ethnic backgrounds provide a good measure of the work that is still to be done to achieve equality in society. For example we also need to look at the type of work that is done, the amount of part-time work and other measures. You can find further information about these issues from the Office for National Statistics (http://www.statistics.gov.uk/).

Pause for thought l

Think about the types of job that members of the black community typically have in this country. Do they tend to be similar, better or worse than those held by white people?

The Secret Policeman In October 2003 the BBC broadcast a Panorama documentary entitled ‘The Secret Policeman’ in which a BBC journalist, working undercover, applied to and joined the Greater Manchester Police as a police constable. The content of this television programme was shocking and revealed many instances of racist behaviour among some new recruits with whom the reporter, PC

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2210, worked with while undergoing his initial training. Some of the racist behaviour he witnessed and captured on hidden camera was of the most extreme kind. Apart from admitting that they would routinely use racist names and language when engaged as officers on the street, some of the officers with whom the reporter trained alongside spoke openly of treating members of ethic minority groups less favourably than white people when they were enforcing the law. In short, they admitted their willingness to actively racially discriminate in their work as operational police officers. The programme led immediately to the suspension and dismissal of all those officers who had been identified as racist by the programme. As a direct consequence of the documentary, the Commission for Racial Equality (CRE) announced it would be conducting a widespread inspection of all police constabularies and of the Metropolitan Police, examining: l l

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the recruitment, training and management of police officers; monitoring of these areas by the police service and police inspectorates; and how police authorities and forces are meeting the statutory general duty to promote race equality, and related specific duties to publish a scheme and carry out employment monitoring.

In March 2005 the CRE published The Police Service in England and Wales: Final report of a formal investigation by the Commission for Racial Equality. Announcing its report, the CRE famously declared that it had found ‘ice in the heart of the police service’ where willingness to change at the highest levels in the police had not become translated into positive activity by middlemanagement who, through lack of awareness support and training, failed to properly handle race grievances. In the report a number of recommendations were put forward, including changes to police recruitment strategies aimed at increasing the number of officers drawn from an ethnic minority background, and better monitoring of the ethnicity of both existing police officers and those applying to join. Aspects of the recruitment process were also identified as in need of review in terms of their compliance with accepted best practice, ‘Respect for Race

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and Diversity’, and impact upon equality of opportunity for members of minority ethic groups applying to join. Training and the selection of trainers was also highlighted as an area in which much progress was needed and which directly impacted upon the behaviour of both trainee and operational officers. As with the Stephen Lawrence inquiry before it, ‘The Secret Policeman’ exposed deep-seated racism that, if left unchecked, leads to actual instances of direct racial discrimination impacting on the lives and opportunities of many individuals. The lessons learned apply not only to the police but to all public bodies and also to business. To combat racial discrimination it is vital that every aspect of recruitment, training, induction, retention, promotion, transfer, discipline and grievance are examined. We will be turning our attention to equal opportunities in the workplace in a later chapter where these issues will be examined in greater detail.

Being white You might at first think that this is a strange title for this section. The thing is that many white people never stop for a moment and think about what their whiteness means. Because the majority of people in this country are white, whiteness tends to be assumed, and that assumption leads to the acceptance that white is normal and anything else is in some way other than normal. If a person is unaware of their colour, the chances are that they do not experience discrimination on the basis of it. If you are not black, imagine how a person who is might feel. Brought up in a culture where most of the people and institutions assume whiteness, you are not only constantly reminded that you are black (and thus different) but you also face narrower opportunities as a result in terms of education, housing and employment. Do you think you would view the world in the same way as if your opportunities had been equal with those of everyone else?

Pause for thought Look at the two lists below. l l l

Which list is most closely associated with black and which with white? Which list suggests negative images and which positive images? Can you think of other words to add to either list from your own experience?

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death and mourning evil sin bad magic extortion the Devil

birth and new life goodness purity good magic lies which are not considered bad God

RACIST MYTHOLOGY There are many myths generated by racist thinking. This section considers some of the more common ones and tries to expose some of the many inconsistencies contained within each.

Myth ‘I freely admit I’m a racist, I was born that way.’ Myth-buster l

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There is no evidence to suggest that anyone is born with a particular attitude. Attitudes and opinions, just like culture, are learnt, so that one cannot be born a racist, and racism or racialism is not an hereditary trait of human behaviour. Racism f lows out of learnt attitudes and behaviour, which are then reinforced by the stereotypes we choose to adopt. Think about how you voted at the last election (or if you were not old enough to vote, how you will vote in the next one). Do you think you were born Conservative or Labour, or Liberal Democrat, or did those opinions grow in you over a number of years? When you vote, you are not exercising any inborn tendency, but your own choice based on the things which have inf luenced you over the years. This aspect of choice is important. We choose to adopt a racist stance, no one forces us to. By the same token we can choose to embrace an anti-racist stance, ie against racism. Even if a person could genuinely (but wrongly) believe themselves to have been born a racist, any such behaviour would be subject to the law. In Chapter 11 we discuss the laws in this country which are

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designed to promote equality of opportunity, as well as those which are designed to control behaviour – for instance, incitement to racial hatred is a criminal offence under the Public Order Act 1986, for which you can be sent to prison! Think for a moment of all the inf luences there have been on you, as you have developed into the person you are today. Figure 4.3 shows some of those that we can think of. All these and many more have gone to socialize you into the person you are.

Institutions

Culture

My life opportunities

My religion Politics The music I like

Where I am from

Influences on me

The TV I like

My social conditions

My friends My school My family My parents/guardians

Figure 4.3

Some of the factors which influence the way we are

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Myth ‘There is little, if any, racism in this country – it’s all hype!’ Myth-buster There is ample evidence that racism exists in the United Kingdom. One way of knowing this is the number of cases which were brought by the Commission for Racial Equality on behalf of victims of racial prejudice. Another is the number of racist attacks reported by members of ethnic minority communities. Parliament has passed laws to try to ensure that all citizens are treated equally, and to eliminate racism and racist behaviour from Britain. Although some progress has been made, there are still many signs of disadvantage. Myth ‘Ethnic minority groups are racist themselves, they keep their culture and language and make no attempt to integrate into our culture.’ Myth-buster l

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Racism, in its strictest sense, is about the use of power by the majority or the controlling group (normally they are one and the same) in order to keep another group both weak and at a disadvantage. What does ‘our culture’ mean? Look at Chapter 3 again and think about how diverse British culture really is. Who has the right to say that they have the monopoly on British culture? The statement begs the question, ‘How easy does the majority group make it for other groups to join in without losing their identity?’ Our society still needs laws to prevent discrimination; are we really surprised that people find it difficult to integrate? Britain is a multicultural society and all the richer for it! That is a reality and will not change.

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Myth ‘They should go back to where they came from.’ Myth-buster l

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The fact is that at least 50 per cent of those with a Caribbean background and 30 per cent of those with an Asian background were born in this country, and this figure is of course rising, so these people are where they came from. If you agreed with the statement above, how many generations would you include? Would you also include the Scots, Welsh and Irish? If all those who can trace their roots to settlement to these shores were to leave, the fabric of our society would collapse. During most of the post-war period there was a net outf low of people from the UK, ie more people left than arrived. On the very day this was written we heard a radio interview with a black woman who had emigrated with her husband to Jamaica. Both she and her husband had been born in this country, and both were absolutely fed up with being asked where they were from. She reported that even at school her teachers asked her the question. ‘How can you possibly feel British’, she said, ‘if everybody assumes that you are not?’ Myth ‘Britain should be kept for the British.’ Myth-buster

The problem underlying this myth is that it fails to address the question of who do we mean by ‘the British’? Does the term exclude all those whose roots are not in the soil we call Britain, and yet who have British nationality? If so, a ridiculous list of people who would be excluded is generated. Poles, Ukrainians, Italians, Cypriots, Turks, New Zealanders, Australians, Afro-Caribbeans, Asians, South Asians, Americans, Iranians, Kurds, Greeks, Bangladeshis, Indians, Pakistanis. . .

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Myth ‘When in Rome do as the Romans do.’ Myth-buster l

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This particular saying has its roots in the fourth century. St Augustine (as he later became) crossed the Mediterranean from North Africa to live in Milan. His mother Monica joined him there, and being a pious Christian woman was used to fasting on Saturdays (as was also the custom among the Roman Christians). The Milan Christians, however, did not follow this custom and Monica was uncertain what to do. She asked Augustine for advice and he, in turn, sought help from the bishop of Milan, St Ambrose. His advice was not to fast on Saturday in Milan but ‘when in Rome do as the Romans do’ (Poulter, 1986). When this old saying is advanced as a justification for discriminatory behaviour, it makes it sound as though the speaker has a monopoly on what constitutes the cultural practices of this country. The reality is that more often than not, the people against whom this argument is advanced are in their own country. Metaphorically they are in Rome, and they themselves are Romans! The way people often deal with the differences in culture is to play down the differences between their personal culture and others whom they consider to be in ‘their’ group, and amplify the differences they see in the culture of a person who has an ethnic background which is different to their own. So to insist that ‘when in Rome, a person should do as the Romans do’ reveals: – a false and narrow assumption about what is British culture; – an arrogant assumption that the speaker has the right to determine what another person’s culture is, and should be; and – a ‘them and us’ way of thinking which only serves to make the divide between groups even deeper. To be British means to be a member of a multi-ethnic, multi-religious society. That is the way things are.

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STEREOTYPING AND RACISM In Chapter 1 we looked at the link between stereotyping and prejudice. In 1998 the Commission for Racial Equality published an interesting piece of work that looked at a similar theme: the connection between stereotyping and racism (Commission for Racial Equality 1998: 5). The aim of the research was to survey the views of white, South Asian and African Caribbean people in relation to stereotyping and prejudice. The findings of the research, which underpin and affirm much of what we have been saying so far, are summarized below: 1.

Two-thirds of each group surveyed thought that race relations had improved in the 20 years to 1998, and 60 per cent felt that the situation would get better in the future. 2. Most participants in the discussion groups felt that racism was still a problem however, and that it is now often expressed in more subtle ways. 3. African Caribbean people felt that racism was a fact of life in British society and was based on negative stereotypes. 4. White people reported that they experienced discrimination without much hope of redress and while they might have friends from other communities, overall they especially resented Asian people and Muslims whom they regarded as importing foreign cultures into Britain. 5. Individual relationships were seen as the best way of breaking down the barriers between groups. 6. South Asians and African Caribbeans felt that the media typecast them in a limited number of stereotypical roles and that they wanted to be cast in a greater variety of ‘normal’ roles. 7. South Asian people were more likely to mention being the victims of racial abuse on the streets and of racist bullying in schools. 8. African Caribbeans were more likely to report racism and discrimination from the police and in employment. 9. A majority reported that they would have little faith in independent bodies or institutions being able to help them if they experienced racism. An illustration of the negative stereotypes held by white people in relation to African Caribbeans and South Asians is given in Figure 4.4. What seems to be clear from the above summary is that there is still a great deal to be done to increase trust and confidence among ethnic

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Negative stereotypes of African Caribbeans among white people l l l l

They have a chip on their shoulder They have an attitude problem/they are rude They are aggressive They use drugs

Negative stereotypes of South Asians among white people l l l l l

They over-claim benefits They have too many children They have backward religious practices, eg Halal meat slaughter, call to prayer They have dirty shops They dislike white people

Source: Commission for Racial Equality, 1998: 12

Figure 4.4

Stereotypes

minority communities. In the introduction to this chapter we noted that prejudice and discrimination in relation to race f low out of the negative attitudes and beliefs that people in majority groups hold about people who are different from them in some way. With an increasing emphasis on the broader diversity agenda, it is important that focus is not lost on the continuing problems of race discrimination and prejudicial stereotyping that people are still experiencing in Britain.

KEY POINTS IN THIS CHAPTER In Chapter 4 we have: l l

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looked at how racial prejudices and discrimination arise; discussed the idea of race and noted that the word can be misleading as it has associations with outdated biological theories; considered the nature of racism, both personal and institutional, and had a brief look at its sources and effects;

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considered intentional and unintentional forms of racism and how they differ; examined the use of language and how inappropriate language can undermine fairness, sensitivity and equality; looked at employment as a measure of how there is still a long way to go to achieve equality in this country; exploded some of the myths about racism which have developed; and considered the links between racism and stereotyping.

PERSONAL ACTION PLAN Try answering the following questions: How will the things I have learnt in this chapter change the way I think and act towards others who are different to me? What has this chapter helped me to learn about myself with regard to: l l l l l l l l

my beliefs; my attitudes; my values; my knowledge of others; my behaviour; my use of language; my responsibilities; the way I see the world?

How do I need to change in order to become: l l l l l l

fairer; more sensitive; more understanding; less prejudicial; less discriminatory; better able to deal with people according to their needs?

If I were to change one thing about the way I act as a result of reading this chapter what would it be?

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Chapter 5 Sexism Some of the most deeply rooted of all fixed attitudes are those concerning the type of roles that women should fulfil and the positions that they should be allowed to hold in our society. This chapter will look at these attitudes and also at what consequences they have for women’s chances of being treated fairly and equally. After you have finished reading this chapter we hope you will have a better understanding of: l l l l l

the terms ‘sex’, ‘gender’ and ‘sexism’; issues surrounding the changing role and status of women; some of the facts about women and employment; some of the ways in which discrimination against women operates; and ways in which women may be the subject of sexual harassment.

GENDER AND SEX DIFFERENCES Pause for thought l

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Imagine that an alien has landed from another planet and can speak your language! The alien, having no knowledge of the differences between men and women, asks you to explain how men and women are different. What would you say? Did you confine your answer to just biological differences? Don’t forget other types of differences as well. If this visitor from space asked you why men and women tended to do different types of work in your society and to hold different positions of status and power, how would you explain these arrangements?

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Gender Whereas the word ‘sex’ (as in the phrase ‘men and women are different sexes’) refers to anatomy and the biological differences between men and women, ‘gender’, on the other hand, is used to mean the differences between men and women which are psychological, cultural or social. The strength of these ‘gender’ differences may vary depending on the society, but most people agree that by far the strongest inf luence on gender differences is the way that children are brought up and what they are taught about the world around them. This process is sometimes called socialization. Consider the following example: Research done at various hospital maternity units looked at the way that relatives behaved when visiting parents and their new-born babies to see whether the sex of the baby made a difference to that behaviour. They found that when visiting male babies, relatives would often use heavily masculine words and phrases such as ‘what a little buster’ or ‘he’s a real bruiser’. With girls, they tended to use terms like ‘isn’t she sweet’ or ‘she’s so gentle’. They would even handle the babies in different ways. This suggests that gender is inf luenced right from birth and continues to be reinforced through childhood, adolescence and adulthood. In fact these gender differences are so noticeable, even at the nursery stage, that it’s understandable how they have come to be seen by many people as natural and in-built.

The influence of television and books A good example of how images of gender (of what boys and girls should be like) are reinforced can be seen in television commercials aimed at children. You only have to glance at these to realize the strength of gender stereotyping that our children are being subjected to. Commercials aimed at young girls carry strong messages about gentleness and motherhood, with images of dolls being cuddled and with washing, ironing and housework to be done. Commercials aimed at young boys are very often macho, militaristic and powerful, or stress that boys should be interested in engineering, construction and science. Faced with such a bombardment, it is little wonder that boys tend to grow up mistakenly thinking they have a dominant role to play and that women should focus their efforts and skills on rearing children and looking after a home. It is these gender stereotypes (fixed ways of looking at what men and women should be like) which underpin sexism (treating women less favourably than men because of their gender).

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The images portrayed in books and stories are also known to have a powerful inf luence on the way ideas about gender are learnt. Although now dated, research by Lenore Weitzman and others in 1972 (reported in Giddens, 1989) showed that in the most widely used pre-school books there were clear differences in the gender roles of the characters portrayed. In summary, they found that in these schoolbooks: l l

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Males played a larger part in the stories and pictures than females. Girls in the stories were shown as passive and confined to indoor activities; boys, on the other hand, were shown as active, adventurous and mainly engaged in outdoor activities. Of the adults represented in the stories, any women who were not wives or mothers were witches or fairy godmothers (effectively not real people). Men were depicted as fighters, kings, judges and police officers.

Pause for thought l

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Think about the stories you were exposed to as a child, including familiar fairy stories. Do you think you were inf luenced in any way by the way males and females were depicted? Do you think we should be providing young children with books that show more balanced pictures of female roles and expectations? If so, why?

Sexism Defined in its simplest form, sexism is the unfair or unequal treatment of women by men. Sexism is unique among most other forms of discrimination in that its victims do not belong to a minority group. Of the resident population of Great Britain in 2007, l l

51 per cent were women (30,730,000) 49 per cent were men (29,479,000) Source: Population Trends; Autumn 2007. Office for National Statistics

Reinforcing gender differences, and making them matter either at the personal level, or by institutions or even society, is what gives rise to sexism.

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The Sex Discrimination Act 1975, as amended, is one piece of legislation that is designed to combat prejudice based on gender. Although prejudice against a person based on their gender is recognized by this law as being a two-way process (ie a man can also claim discrimination on the basis of his gender), in our society today the real issue is typically the unequal treatment of women. As you go through the chapter you will see that most of the power over life opportunities in this country is held by men. Although there has been a considerable change in attitudes towards equality over recent years, there is still a huge inequality gap between the opportunities enjoyed by men and those enjoyed by women.

THE CHANGING ROLE AND STATUS OF WOMEN

Male domination Although different cultures around the world do have differences in the types of work performed by men and women and the positions they are allowed to hold in their communities, there is no known society where females are generally more powerful than men. This is the case even though there is absolutely no evidence to suggest that there is a genetic difference in the intellectual ability of women, or that differences in physical strength can account for why men should be dominant. Men, although they are the minority group, still outnumber women in all spheres of power and inf luence, and it is against this background that we need to view the problems of discrimination against women. Historically, women have been disadvantaged and have been moulded into certain roles and expectations and subject to greater limitations and far narrower opportunities than men. Pause for thought l

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How do you account for the fact that almost universally, males have dominant roles? How could this be changed?

We have said in earlier chapters that the group that holds the power to make the rules and to direct social arrangements will create some of those rules and popularize certain ways of thinking and behaving amongst members of

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the community in order to protect their own hold on power. This ensures that they won’t have their authority challenged by others. Our society is dominated by men, so it is hardly surprising that many of these arrangements keep things as they are, with men in charge. Increasingly, rules and arrangements which favour men and discriminate against women are being challenged, as are dominant attitudes that men are the wage-earners and the ones best suited to fill the higher positions in government and industry. For instance, the ‘biological justification’ which states that, as women are the only ones who can have children, they are naturally intended to fulfil the role of child-rearer and primary carer is being questioned. It could easily be argued that once the mother has done her ‘biological bit’ (including breast-feeding if this is what she chooses) there is no reason why men should not then take over the care of infants and young children. The fact that this seems such an unusual and, some might say, laughable arrangement is good evidence of just how deeply rooted our attitudes about gender and the roles men and women should perform actually are.

Political power and the right to vote If we were using exceptions to prove a rule, then it would be fairly easy to identify many exceptional women from the last century who wielded considerable political power: Indira Gandhi of India, Golda Meir of Israel, Benazir Bhutto of Pakistan and Margaret Thatcher of the UK, to name just four. But the achievements of these individuals, remarkable as they are, mask a considerable imbalance in the numbers of women who have political power. In the closing year of the last century, there were five female Cabinet members out of 22. Things seem to be changing very slowly in the political arena, and even after the election of the New Labour administration in 1997 the number of women involved in government or opposition remains proportionately low. In the 2005 general election 19.8 per cent of all MPs were women (source: the United Kingdom Parliament, www.parliament.uk). The European scene was only marginally better with 23 per cent of the British members of the European Parliament being women (source: Centre for Advancement of Women in Politics, www.qub.ac.uk/cawp). Why this should be is still largely a matter of speculation, although it is quite likely that the factors which make it so hard for women to rise to the top levels of industry and commerce operate with even more vigour in politics. These include:

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The enormous drain on an individual’s time if they are to rise to the key political positions. Far fewer women, particularly if they choose to have children (and then become locked into a childcare role), are able to devote the time it takes to reach the top positions. The alleged operation of the ‘old boys’ network in selection for key positions. Even where the policy is one of promotion to key jobs on merit alone, there are far fewer suitably qualified women (in terms of experience) to choose from. This is largely because access to such suitably qualified previous positions is not there for them in the first place. Men also set the very standards by which women will be judged when they apply for senior positions, and these may discriminate against women because they are based on male assumptions of a ‘woman’s place’. Political power might well represent the ultimate in the ability to inf luence things in this country. Are men especially reluctant to loosen their grip on this?

The right to vote Women’s involvement in the political life of this country has not, of course, had nearly so long to evolve as has been the case for men. Even though the fight for the right of women to vote on a fair and equal basis with men had caused great conf lict and hardship for the leaders of the women’s movement, at the first national election in 1929 (when women were first entitled to vote on an equal basis with men) only about one-third of those eligible did so. This situation has now changed and, in the past 20 years, the difference between the numbers of men and women voting has not been significant. Much of the social and political change which has taken place over the past hundred years has been inf luenced by the various feminist movements. A feminist (who, incidentally, might be a woman or a man) is simply a person who strives for equality under the law between women and men, and for the upgrading of legislation as it becomes outdated. A key event in the evolution of feminist movements in this country was when, in 1866, a petition signed by 1,500 women was presented to Parliament. It demanded full voting rights for women. Having been largely ignored, the organizers of the petition founded the National Society for Women’s Suffrage (suffrage is another word for ‘vote’). Active supporters of the movement became known as ‘suffragettes’, one of their leaders being Emmeline Pankhurst. Figure 5.1 shows some of the key events in the growth of rights for women, which owes much to the work of these early campaigners.

RIGHT TO EQUAL PAY FOR EQUAL WORK

RIGHT OF EQUAL ACCESS TO JOBS

RIGHTS TO OWN PROPERTY

RIGHT TO VOTE AND PARTICIPATE IN DEMOCRATIC GOVERNMENT

1900

1950

Vote for and representation on county councils 1918 Parliamentary elections if 25 (only 21 for men) 1919 Women may be MPs (Lady Astor) 1923 First woman cabinet minister (Margaret Bondfield) 1928 Fully equal voting rights

Figure 5.1

1990 Right to separate taxation regardless of amount of income

1990 Fewer women MPs than at any time since 1929

First woman PM (Margaret Thatcher)

1990

Royal Commission recommended equal pay in teaching, 1970 Equal Pay Act local government and civil service 1975 Sex Discrimination Act (intended to establish the principle of equal pay for equal work)

1975 Formal discrimination against women in most other occupations abolished

1979

Some of the key features in the development of rights for women

1946

1919 Right of entry to the professions established

1882 Married Women’s Property Act (changed law whereby a woman’s property ceased to be her own on marriage)

1893

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Childcare and housework Childcare There is little doubt that many, if not most, of the problems of inequality for women stem from perceptions that the primary role of women is to have and care for children. Whereas for most men the main life choice is their career, for most women, society expects that marriage and children should be their main concern. So great is the presumption that women’s primary role is to bear children. . . that women are still asked at interviews if they have families or family obligations, a question rarely asked of men. (Calvert and Calvert, 1992: 7) Males tend to dominate the higher levels because simply [sic] the women drop out to have babies and that sort of thing. (a top male manager, quoted in Homans, 1987: 85) Pause for thought l

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How has society changed in terms of the way it sees the roles of men and women in your lifetime? How has this affected what is considered to be the proper role of women and men?

Some of the changes you identified might have included: l

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Attitudes towards birth control, which is increasingly being seen as the responsibility of both partners. More women are choosing not to have children. A greater acceptance of child-minders, day nurseries and crèche facilities. Higher levels of male unemployment have meant that some women have become the main wage-earners. Smaller families, which reduce the time commitment needed to rear children. Economic expansion, especially during the 1980s increased the amount of work available. (However, this contracted again in the 1990s and, as we will see below, the type of work done by women tends to be lower-paid and often part time, which still gives rise to enormous inequality.)

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Increased f lexibility of working contracts enabling women part-time work, job-sharing, home working and f lexi-time.

The family Traditional family patterns are still changing. The data in Table 5.1 show that the role of women in the family is no longer the one traditionally assumed, namely that of mother and homemaker who devotes her time to caring for and rearing children, looking after the household and offering support to her husband. While this is still the pattern which many choose to adopt, over three-quarters of a million women have to bring up children and earn an income alone. It is no longer sufficient to define women’s role in society solely in terms of childbearing and homemaking. Table 5.1 Lone parent households in the UK with dependent children

Lone parent totals Lone parent in F/T employment Lone parent in P/T employment

Female

Male

1,203,008 255,092 312,813

122,197 67,151 8,324

Source: Office for National Statistics 2004 dataset KS22

Housework In pre-industrial times there was much less division between so-called housework and paid employment. Providing for the needs of the family was the concern of both parents, and this can still be seen in non-industrial developing countries. Since the Industrial Revolution, the roles of wageearner and homemaker have become separated, with homemaking and caring for children being seen generally as the responsibility of women, and earning a wage (or being the ‘breadwinner’) as the responsibility of the man in the household. The possibilities for overturning these fixed attitudes about what roles men and women should fulfil were amply illustrated in both world wars, most notably in the second, where women were actively encouraged to leave the home to take the place of the men, many of whom were sent to fight. By successfully working on the land, in the armed forces, in industry and in

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other occupations which supported the war effort, women demonstrated that the traditional barriers to their involvement in the economic life of the nation could be broken down. On the return of men from the war, however, propaganda through the media, especially women’s magazines, again encouraged women to stay at home to support and cater for their men. Indeed women, from being promoted as heroines of the war effort, once again became the housekeepers and some, who wanted to stay on in work, even faced intolerable hostility from workers in factories who considered that they were keeping hold of jobs which should be given to fathers who needed to provide for their families. Housework is still seen mainly as the responsibility of women, even where the woman is also working full time in paid employment. The British Social Attitudes Survey (Jowell et al, 1992) reveals some of the attitudes towards domestic responsibilities. In response to the statement: ‘A husband’s job is to earn the money, a wife’s job is to look after the home and family’, 41 per cent of male respondents and 47 per cent of female respondents disagreed or strongly disagreed (interestingly, only about a third of men and women agreed). On the face of it, then, we might say that a significant proportion of the population rejects the traditional model of women being homemakers and men being the breadwinners. Answering a different question, however – one about what actually happens in the home, the answers show a different story (see Jowell et al, 1992). In response to the question: ‘Who is responsible for general domestic duties?’, the percentage of respondents (those people who answered the questionnaire) who said it was mainly the woman’s responsibility were as follows: l

l

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in households where both the man and woman work full time: 67 per cent; in households where the man works full time and the woman part time: 83 per cent; and in households where the man works full time and the woman is not in paid employment: 89 per cent.

Clearly, although a significant number of people might say that they don’t support the idea that a woman’s place is in the home, the practice is very different.

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Employment and status The pursuit of equality in employment is firmly rooted in two treaties to which Britain has signed up, and also in its own equal opportunities legislation. l

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Britain, in joining the EEC in 1973, subscribed, amongst others, to Article 119 of the Treaty of Rome, which requires member states to maintain the principles of equal pay for equal work regardless of gender. This is also enshrined in the United Nations Universal Declaration of Human Rights, article 23(2): ‘Everyone, without any discrimination, has the right to equal pay for equal work’.

Despite the legislation to redress the balance, men’s earnings and occupational status in society are still considerably greater than women’s, and their overall dominance in society remains. Although women have equal rights to all but a very few occupations, they continue to be over-represented in both low-paid and part-time work and under-represented in the professions. Many of the sources of discrimination are still visible today. Women are very under-represented among other areas – in politics, the judiciary, and the church, for example – and it is particularly in the area of employment that the effects of discrimination against women in society are well illustrated.

Part-time work Most part-time work in this country is done by women. In 2005, 80 per cent of all part-time employees were female (source: Women & Equality Unit: Women and Men in the Workplace, January 2005, www.womenandequality unit.gov.uk). Part-time working has traditionally been associated with lowerpaid, unskilled or semi-skilled work and is much less secure, often failing to attract benefits available to full-time workers. We do need to take care not to paint an entirely negative picture. Many organizations have introduced the opportunity to continue to pursue careers whilst job-sharing or working part time, so we need to recognize that the part-time labour force will contain an element of those who are actually taking advantage of arrangements to help them continue their careers. Others choose part-time work simply because it suits them or they wish to pursue other interests. The incidence of part-time work also seems to be related to family circumstances. Female employees who have one or more dependent children are

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almost twice as likely to work part time as those who do not have a dependent child. This situation seems to raise several issues about the equal opportunities and life chances of women. l

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The overwhelming evidence is that women still have the responsibility for dealing with children, although there have been considerable changes in the definition of what constitutes a family group. Generally speaking this responsibility for children means that they are restricted to not working, taking part-time work – which is usually of lower status (as viewed by society) and which offers lower pay – or taking work where the hours and holidays fit in with those of school term times and holidays. Many people are put off even considering advancement to managerial positions because many employers do not allow their senior staff to work part time. Until there are better arrangements for the provision of childcare facilities for those who want them, and a change in the attitude of some employers to recognize that opportunities need to be given to all, ie for men and women, to combine being carers with a career, the situation is unlikely to improve. Pause for thought l

If we are right in assuming that a significant proportion of those working part time do not do so by choice, but by force of circumstances, what would need to change to give those people equal opportunities with others?

Low pay Some facts about low pay: l l

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The majority of workers who fall below the low-pay threshold are female. In most manual and some non-manual occupations, the average hourly earnings of female full-time employees falls below the low-pay threshold. In almost all manual occupations, the average hourly earnings of female part-timers falls below the low-pay threshold.

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Gender pay gap One way of tracking potential (and actual) inequality in terms of gender is to measure the gender pay gap. Essentially this is a measure of the difference in earnings between men and women. Although it is measured in different ways, one frequently used measure is the difference in hourly earnings between male and female employees. According to the Women and Equality Unit (2006: 1) there are a number of reasons why the pay gap may exist. For example: l l l l

Differences in patterns of employment of male and female employees. Previous employment histories. Levels of qualifications. Unequal pay where women and men are doing similar work.

According to the Women and Equality Unit, the Annual Survey of Hours and Earnings (ASHE), which is the official survey, the overall gender pay gap has reduced from 21.2 per cent in 1998 to 17.1 per cent in 2005. Although the gap is at its narrowest since data were first collected in 1970, there is still considerable scope for improvement. There is a clear variation in the pay gap in terms of full-time and part-time employment and also across different types of work sectors. For example, the largest gaps are seen in skilled trades and occupations (26.9 per cent) and managers and senior officials (20.8 per cent). The smallest gap is in the professional occupations (lawyers, doctors etc) where the pay gap is just 3.4 per cent (source: Women and Equality Unit 2006: 8).

Representation of women in occupational groups There are considerable differences in the way women are represented in the various occupation groups. Figure 5.2 illustrates some areas which give revealing insights into the way women are represented. It is worth considering what the causes of the differences may be.

0

10

20

30

40

50

60

70

80

90

100

Managers

Nurses

Cleaners

Primary and nursery teachers

Sales

Craft and related

Source: Facts about Women and Men in Great Britain, 2005, Equal Opportunities Commission, 2005

Figure 5.2 Female share of employment – percentage of selected occupation groups

Professional

Women account 51%force of the 46% of people in for labour arepopulation women

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Pause for thought We have noted in this section that women are over-represented in parttime work and occupations attracting low pay, and under-represented in careers which attract higher pay. Before you leave this chapter consider the organization in which you work (or perhaps used to work). l l l l

How much are women represented in that organization? How many of them are in key positions with power? Is the culture of the organization male-dominated? Is there anything which you could do to help redress any imbalance you might identify?

OTHER FORMS OF DISCRIMINATION AGAINST WOMEN In this chapter so far, we have identified many ways in which it is quite obvious that women are the subject of discrimination. Other forms of discrimination and prejudice, however, are much more subtle.

Sexist language We have already noted the power of language as a factor in discrimination in Chapter 2. Some examples relating to sexism include: l

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Name-calling in derogatory terms – this has the effect of putting a woman down. Language which effectively fails to recognize the contribution of women. For example, using as a general term ‘policemen’ rather than police officer, or ‘fireman’ rather than fire-fighter (this is often called ‘exclusionary language’). Referring in general terms to senior personnel in the male gender, ‘he’, ‘his’ and so on, as if there were no female senior personnel nor could there be.

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Myth ‘Why should I worry about what I say? Things have gone to ridiculous lengths. I’m not going to be one of the “politically correct brigade”.’ Myth-buster Such people will quite likely object to the use of the word chair instead of chairman and so on. The argument is generally that such language is unnecessary and trivial. Such an approach, however, prompts the following questions: l

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If the required changes in language are so trivial, why not accept them? How far does the old terminology reinforce bad stereotypes? How much power over women does the objector stand to lose? What is the effect, for example, of constantly referring to adult females as ‘girls’ in circumstances where boys are not referred to as ‘boys’, but as ‘men’?

Sexual harassment Sexual harassment is usually defined as being repeated and unwanted verbal or sexual advances. The Equal Opportunities Commission, Trades Union Congress and Department for Work and Pensions all identify sexual harassment, particularly at work, as a problem which continues to give rise to concern. While there can be a sexually explicit component in sexual harassment of women by men, another, perhaps stronger, motivation may be men reinforcing their power over women, and reminding women of their vulnerability. In such circumstances such behaviour may have little, if any, sexual motivation. Sexual harassment often has two distinct but key elements, in that it is behaviour which is usually persistent and unwanted. The following are examples of behaviour towards women which is clearly unacceptable and will often amount to sexual harassment: l

Requests for sexual favours – for example, hints that sexual favours will advance a career, or retard it if they are not given. This is often made worse because, as we have seen above in the section on women and employment, women frequently find themselves at a disadvantage in the

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power structure, as in the case where a male boss sexually harasses his female secretary. She may find herself relatively powerless to do anything about it. Wolf-whistles, or unsolicited verbal remarks of a sexual nature. These include degrading comments like ‘look at the legs (and other parts of a woman’s anatomy) on that’, and ‘hello gorgeous’. Such comments emphasize women as sex objects while reinforcing power over them – some men assume they have the right to make such comments. At the same time this type of behaviour can inf luence a woman’s view of herself, making it difficult for her to see herself as a fully functioning and effective professional. The net result is that women subjected to such harassment have to work harder to get themselves taken seriously. Uninvited physical contact. Displaying or circulating sexually suggestive material. Sexual harassment sometimes occurs in the form of nude pin-ups, calendars and the like in offices, canteens, shop-f loors and so on. Unwanted sexual advances. Where ‘no’ is not taken for an answer. Insults or ridicule because of one’s gender. Anything which interferes with the individual’s performance or creates an intimidating, hostile or offensive environment.

Sexual harassment and equal opportunities legislation Sexual harassment is not specifically defined in the Sex Discrimination Act 1975, as amended. That said, in 2005 the European Equal Treatment Directive extended the definition of sex discrimination to cover any act that leads to intimidation or degradation. So it is clear that harassment now falls within the orbit of direct sex discrimination. The most serious forms of harassment may amount to a serious criminal offence, but behaviour which does not amount to a criminal offence may nevertheless give rise to a complaint under the Sex Discrimination Act. In 1985 the Scottish Court of Appeal ruled, in the case of Porcelli v. Strathclyde Regional Council, that a woman who had complained of sexual harassment had been the victim of unlawful sex discrimination. The facts of the case were that a woman was resented by two male colleagues who tried to make her apply for a transfer to another post by being vindictive and unpleasant towards her. Their tactics included personal insults, obscene language, intimidation and brushing up against her.

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Since her successful claim, there have been many other cases of sexual harassment ranging from the minor to the more serious. It is worth noting that employers are not only responsible for their own conduct towards employees, but are also liable for discriminatory acts committed by their employees, if that behaviour occurs at work. So whether you are an employer, employee or someone responsible for others at work, it is worth remembering that this is a problem which involves you.

Gender equality duty A major change in the legislative arrangements for gender equality came in force in April 2007 with the introduction of the Gender Equality Duty and associated codes of practice. Section 84 of the Equality Act of 2006 amends the Sex Discrimination Act of 1975 and introduces a general statutory duty on public authorities as follows: a) to eliminate unlawful discrimination and harassment; b) to promote equality of opportunity between men and women. The Code of Practice for England and Wales was originally published by the Equal Opportunities Commission (now Commission for Equality and Human Rights) and sets out the aim and expected outcomes of the duty as well as the ways in which it should be implemented. The aims of the Gender Equality Duty are, according to the code of practice: to make gender equality central to the way that public authorities work, in order to create: l l l l l l

better-informed decision-making and policy development; a clearer understanding of the needs of service users; better-quality services which meet varied needs; more effective targeting of policy and resources; better results and greater confidence in public services; a more effective use of talent in the workforce. Source: Gender Equality Duty Code of Practice (EOC 2006: 7)

Overall a number of benefits are likely to accrue from the Gender Equality Duty provided of course that it is implemented with the appropriate

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Services more accessible Greater proportionate use of services

Harassment dealt with promptly

Tolerance of harassment falls

Support for transsexual people

Figure 5.3

Support for service users with caring responsibility

Gender Equality Duty Outcomes

Elimination of discrimination against pregnant women

Fathers’ support with childcare

Potential outcomes of the Gender Equality Duty

commitment. Paragraph 1.22 of the code of practice sets out these aspirations and some of the key ones have been summarized in Figure 5.3 above which gives an outline. There are others and you are invited to read the Code of Practice for more details. In many ways they summarize the points made in this chapter about sex discrimination particularly in the areas where progress is still needed.

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KEY POINTS IN THIS CHAPTER l

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We identified the meaning of the terms ‘sex’, ‘gender’ and ‘sexism’, and noted that we believe gender differences to be heavily inf luenced by the way children are brought up and taught about the world around them. We considered the changing role and status of women in this country and identified ways in which the traditional ideas of what constitutes a family are changing in that many women have an expanded role of carer and wage-earner. We also took a look at the issues of employment and pay, as these give a good indicator of just how much there is still to do if true equality is to become a reality. We examined the part that housework plays in sexism and how common assumptions about which roles and responsibilities belong to which gender further undermine women’s access to equal opportunities. We identified one of the chief factors in inequality between women and men, namely the common assumption that a woman’s primary role is to bear children and care for them. We noted that discrimination against women can take the form of sexual harassment. Women should not have to put up with such treatment and the Sex Discrimination Act and criminal law are there to offer protection. The Gender Equality Duty was introduced and we outlined some of the potential outcomes of this legislation.

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PERSONAL ACTION PLAN Try answering the following questions: How will the things I have learnt in this chapter change the way I think and act towards others who are different to me? What has this chapter helped me to learn about myself with regard to: l l l l l l l l

my beliefs; my attitudes; my values; my knowledge of others; my behaviour; my use of language; my responsibilities; the way I see the world?

How do I need to change in order to become: l l l l l l

fairer; more sensitive; more understanding; less prejudicial; less discriminatory; better able to deal with people according to their needs?

If I were to change one thing about the way I act as a result of reading this chapter what would it be?

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Chapter 6 Sexuality We are going to look at many of the issues surrounding sexuality and fair treatment in an honest, open and straightforward way. Throughout the chapter we will be asking you questions and raising issues which we hope will get you thinking about how you, others and society in general think about and behave towards gay men and lesbians. After you’ve read it through you should have a better understanding of the following: l

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the images we may hold of gay men and lesbians and where these images come from; how these images and the stereotypes that f low from them can strengthen prejudice and isolate gay men and lesbians; the importance of understanding culture and lifestyle; gay and lesbian relationships; the types of inequality gay men and lesbians experience; direct forms of prejudice and discrimination against gay men and lesbians; and the introduction of the Civil Partnership Act 2004.

INTRODUCTION The more strongly you disagree with the sexual values and sexual way of life of people who are different from you in some way, the more likely it is that you will hold negative views about them. At the same time, the more strongly negative you feel about them and what you believe they stand for, the more intolerant you are likely to be towards that person or group of persons.

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In our experience, the extension of fair treatment and equal opportunities towards gay men and lesbians can and does generate such extreme attitudes, and in turn these negative attitudes keep a whole series of stereotypes and myths alive. Let’s be honest from the outset, this is an emotive area and one where many people feel unable or unwilling to question the beliefs that they hold. But fair treatment and equal opportunities cannot and must not be restricted only to certain groups and individuals on the basis that it’s just too challenging to extend them to everyone. If this were to be the case, they would no longer be fair treatment and equal opportunities in the truest and widest sense. Remember, you cannot ‘bolt down’ prejudices and hope they will remain hidden, because sooner or later they will escape and they will inf luence your behaviour. If you have a genuine desire to be fair and to treat people equally this must include everyone.

Pause for thought Before moving on, it’s very important that you should try and take stock of where you stand on these issues. l

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Think about the terms gay man and lesbian and write down some of the images that these words create for you. Where have these images and ideas come from? How many of the ideas and images you hold of gay men and lesbians arise out of your own direct experience? How many of the things you have written down are negative and how many positive?

THE IMAGES WE HOLD Let’s lay to rest two commonly held views about gay men and lesbians, views which are thankfully becoming less accepted and acceptable.

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Myth ‘Gay men and lesbians are suffering from a type of illness which prevents them from adopting a healthy sexual orientation.’ Myth-buster There is no scientific evidence whatsover that supports the view that the sexual orientation of gay men and lesbians is a form of illness or disease. Remember too that such views have consequences both for the person who holds them and for the person towards whom they are directed. Thinking of gay and lesbian sexual orientation as an illness requires that you view gay men and lesbians as ill and in need of medical treatment. But by dealing with them on this basis you would be acting in ways which they themselves would wholly reject as in any way fair and which they would find deeply offensive. This statement is full of beliefs about what is normal and natural sexuality. Having read previous chapters, you will realize that views and beliefs about what is to be considered normal and natural are constructed by the majority group and because of this are relative ideas about others rather than fixed truths. Because these views and ideas about what should be considered normal and natural have been passed down over generations without being questioned or challenged, we often take them as fact, just as once people firmly believed that the earth was f lat. These ideas about what constitutes normal (and indeed abnormal) sexuality, and about what gay and lesbian might mean, come from many different sources that may include the following: l l l l l l l l l

our family and friends; television; magazines; newspapers; films; radio; advertising; teachers; and our direct experience.

Of course members of our family, our friends and other people who may hold inf luence over us have had their own views about sexuality shaped and inf luenced through a process of upbringing and education

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and through exposure to media images and messages, just as we have. This is how group meanings are transmitted and how group ideas and prejudices are kept alive (see Figure 6.1). But by becoming aware of how your own views and ideas are shaped by and grow out of the attitudes and values of others, you will be in a far better position to ask just how valid such beliefs and opinions are for you and how compatible they are with the principles of equality and fair treatment.

Myth ‘Gay men and lesbians are deviants who have chosen this particular lifestyle knowing it is wrong.’ Myth-buster Such a view talks about deviant behaviour but it often doesn’t say from what the behaviour is supposed to deviate. The answer is, as we have said above, that it deviates from the majority view of what is normal. It also uses the word ‘wrong’ as if ideas of right and wrong are obvious, absolute and fixed rather than f lexible, relative and changing. Let’s look at a couple of well-known examples of how ideas of right and wrong are f lexible and relative rather than always fixed and selfapparent. l

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During the 1920s in certain states of America it was considered wrong to drink alcohol – this was the time of the so-called ‘prohibition’. Some years later the laws barring the sale and drinking of alcohol were repealed and what had been considered immoral and corrupt became acceptable and even encouraged almost overnight. Most people would agree that it is an absolute and incontestable wrong to take the life of another (other than in direct self-defence) and if you murder someone you can rightly expect to be arrested and tried for a criminal act. But this view of wrong becomes adjusted during wartime, when killing other people who have been labelled ‘the enemy’ is regarded by society as a duty and not a crime.

Both these examples show how views of what is right and wrong can be changed to suit the needs of society: as such they cannot at the same time be ‘facts’ or ‘absolute truths’. Many people see this argument as just as valid for ideas of right and wrong concerning a gay or lesbian sexual orientation.

Sexuality 103 Newspapers My lifestyle/dress

Comedians

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School teachers

My sexual experiences

The books I read My sexual identity and outlook

My peer group

My ideas about morality

My friends

Openness to different ideas

My parents The films/TV I have seen

Figure 6.1 Some of the factors which are likely to influence the way we think about our own and others’ sexuality

There are examples of places around the world where being gay or lesbian is considered not only acceptable but a natural part of social life. For example, some parts of the USA such as Greenwich Village in New York and parts of the Florida Keys have thriving and long-established gay and lesbian communities.

Labelling We have used the terms gay man and lesbian freely in this and in other parts of the book to describe a form of sexual orientation where someone takes a person of the same sex to be their partner. Now while this term is probably quite acceptable to people who have adopted this type of lifestyle, it is not without its problems in that it is at the same time both too limiting and too all-inclusive.

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It is too limiting because, by trying to define it, we are in danger of suggesting that being a gay man or a lesbian is only about a sexual relationship. This is not true. As with all types of relationships, gay and lesbian relationships are as much to do with love, friendship, sharing, trust and mutual interest as they are to do with sex. Equally, as with relationships between men and women, sex is an important but not the only important element in a gay or lesbian relationship. It is too all-inclusive because, by using the label gay man or lesbian, we run the risk of focusing only upon the person’s sexual orientation and ignoring other important things about them, for example their abilities, contribution to society, politics or interests. That’s the problem with labels. They don’t tell us enough but at the same time they categorize people, often in heavily negative terms, allowing us to fill in the gaps by using all sorts of stereotypes. Because of this we often find it difficult to see beyond the label and because of our existing prejudices we don’t really even want to try. If you are not a gay man or a lesbian, the chances are that your sexual orientation, because it is considered ‘normal’ by you and by others, is not a conscious part of the way you see yourself or the way others see you. You simply take it for granted. You are allowed to do this because your sexual orientation is not the factor by which others judge you. They will take you on your merits and abilities without ever questioning your choice of partner. Imagine what it would feel like if this were not the case, if other people judged you mostly in terms of your sexual orientation. While in your anger and frustration you might cry out ‘But that’s not the whole me, why not look at other equally significant aspects of who I am!’, the chances are that others will choose not to hear you. This problem of labelling is easily illustrated by considering people’s reactions to those they know who have ‘come out’ and declared themselves to be gay or lesbian. Not only do friends and relatives often say things like ‘well I never knew she was like that!’ to express their astonishment, they immediately start to look at and think about the person in new and different ways, which are often stereotypical and negative in nature. All too often, the person who has ‘come out’ does so at the risk of no longer being thought a good citizen, a good friend, a good worker or a good parent.

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Steve and Terry To highlight some of the things we have discussed so far, let’s look at the example of Steve and Terry. Steve is a gay man and Terry is a heterosexual man. Terry thinks: ‘Steve’s not the type of bloke you could have a chat about football with down the pub, is he?’ Actually, Steve likes nothing better than to have a few beers with his mates and he is a keen supporter of Tottenham Hotspur football club. What Terry seems to believe is that, because Steve is gay, he must necessarily have a form of lifestyle and interests which are totally different from his own. Terry thinks: ‘I couldn’t just go up and have a chat with him because all my mates will think I’ve become queer!’ By thinking this, Terry has his own decisions and behaviour decided for him by ideas of what his friends might think about him, instead of making up his own mind and being his own person. Such everyday thinking keeps people who are different from us in some way at a distance and makes it doubly difficult for them to become equal members of the community, and derogatory terms such as ‘queer’ add to this. Terry thinks: ‘I hope he doesn’t come over and try to chat me up!’ This is another popular misconception (a myth that needs busting!) which arises out of vulnerability and ignorance. Gay men and lesbians don’t want to get every man or woman they meet into bed. They will quickly pick up on signals which tell them whether another person is gay or lesbian, and besides, they will only find certain people attractive, in exactly the same way that heterosexual people do. Remember also that many gay men and lesbians are already in stable, long-term relationships.

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CULTURE AND LIFESTYLE

Myth ‘All gay men are effeminate and all lesbians are butch.’ Myth-buster One of the ways in which prejudices against gay men and lesbians are kept alive is by perpetuating the myth that gay men are effeminate and lesbians are butch. By clinging to these images of gay lifestyle and gender, the majority group (controlled mainly by heterosexual men) retain views about normality and masculinity as if they were the same thing and of normality and femininity as if these too were inseparable. We spoke in Chapter 1 about the way in which vulnerability plays a key role as a common root cause of prejudice and here is an excellent example. To overcome what they feel is a threat to their masculinity posed by gay men, heterosexual men emphasize ideas which link being gay with a lack of masculinity. Entwined with this stereotype is also a false logic which argues that as gay men are more like women than men, it’s not surprising that they like other men. At the same time, a view of gay men as less than masculine serves to keep other men in their place by acting as a form of social control. Images of manliness become wrapped up in images of macho masculinity and deviation from this ‘ideal’ is then criticized and degraded as a sure sign of gay tendencies. This has the effect of forcing heterosexual men to exaggerate their masculinity as a sign of their heterosexual virility and potency, whilst portraying gay men as less than men and more like women (Segal, 1990). In her book Slow Motion (1990), Lynne Segal offers an interesting link between the way in which gay men are derided and labelled in negative terms as effeminate (in other words being like women) and the way in which men see women. She argues: ‘Homophobia [the fear of being in close proximity to a homosexual person] in its contempt for the “feminine” in men, simultaneously expresses (a degree of male) contempt for women.’ In a similar way, the image of the butch lesbian serves to reinforce the male-dominated majority view that really women cannot do without men and that even in lesbian relationships they find themselves creating a butch female as a pretend man.

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‘Hang on’, you might argue, ‘you can’t say that “camp” gay men and butch lesbians are not an actual part of the gay and lesbian scene!’ OK, we can’t and won’t say that. But what we will and must point out is that what these aspects of gay and lesbian culture mean to the people themselves is not the same as what the commonly held negative stereotypes would have us believe. For instance, part of the meaning of the camp gay man image is a form of demonstration against the falseness of macho masculinity and a celebration of a form of sexual lifestyle that is free from the controlling and smothering inf luences of fixed gender stereotypes (fixed ideas about what men and women should be like). Still another part of its meaning may be as a parody or send-up of those very prejudices which emphasize the effeminacy of gay men. Seen from this viewpoint, the camp gay male is a reaction against rather than a confirmation of what we believe to be the case. The ultra-macho biker/body-builder image, also found as part of the gay scene, suggests further parody of and reaction against the question of gay masculinity, but from the other end of the argument. These misunderstood aspects of gay and lesbian culture may have inadvertently strengthened the following myth.

Myth ‘You can always tell when a person is gay or lesbian by the clothes they wear or by their mannerisms and lifestyle.’ Myth-buster Such generalities, like other prejudices, have little basis in reality and are views based on labels about gay men and lesbians which, as we have seen, tell us next to nothing about individual people. Indeed, people from all walks of life, from all parts of the community, from all types of occupation and from all social and ethnic groups are gay.

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GAY AND LESBIAN RELATIONSHIPS

Myth ‘Gay men and lesbians do not have stable and long-lasting relationships in the way that heterosexual couples do.’ Myth-buster This argument has been put forward as another attempt to show how this sexual lifestyle has grown out of an absence of morals and deviation from normal and acceptable behaviour. Gay men and to a lesser extent lesbians are depicted as promiscuous, driven not by love and friendship but by a search for purely sexual pleasure. The reality actually differs little from patterns of heterosexual relationships. Both types of sexual lifestyle display a mixture of stable and long-lasting, settled relationships, as well as shorter-term ‘f lings’. Most married couples can tell of a series of boyfriends and girlfriends leading up to the point at which they came together and entered into a stable long-lasting relationship with each other. It is also true that just as gay and lesbian relationships break down, so too do heterosexual relationships and marriages. And of course the search for sexual pleasure is as much a feature of heterosexual lifestyles as it is for homosexual ones. Images of how gay and lesbian relationships differ from heterosexual ones in terms of their lack of permanence and absence of love and friendship are very much part of the ongoing prejudice directed against members of the gay community – prejudice which seeks to isolate and distance them from the heterosexual majority.

The Civil Partnership Act 2004 The introduction of the Civil Partnership Act secures recognition of the legal status of same-sex relationships. Through registration, gay and lesbian couples can now claim the same legal basis for their relationship as heterosexual couples do following marriage, and can expect equality of treatment across a broad range of legal matters. This legislation is a significant step forward in establishing the legal rights of same-sex couples and evidences the government’s commitment to extend fairness and equality to all of its citizens.

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Now lesbian and gay couples in loving relationships can have secure pension rights and will be recognised as their partner’s next of kin. Those who have registered will also not be liable to inheritance tax on the death of their partner. (Stonewall, 2005, www.stonewall.org.uk) Civil partnership registration underlines the inherent value of committed same-sex relationships. It supports stable families and shows that we really respect the diversity of the society we live in. It opens the way to respect, recognition and justice for those who have been denied it too long. (Jacqui Smith MP, Minister for Equality, June 2003) Significant rights and responsibilities attach to forming a civil partnership, helping same-sex couples to organize their lives together. Provisions in the Act include: l

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a duty to provide reasonable maintenance for your civil partner and any children of the family; civil partners to be assessed in the same way as spouses for child support; equitable treatment for the purposes of life assurance; employment and pension benefits; recognition under intestacy rules; access to fatal accidents compensation; protection from domestic violence; and recognition for immigration and nationality purposes.

Source: Women and Equality Unit, 2005 The Civil Partnership Act came into operation on 5 December 2005 allowing same-sex partners to register as civil partners.

LACK OF EQUALITY Being treated equally and fairly is all about having the same opportunities as everyone else and being dealt with as an individual on your own merits and abilities, enjoying the same respect and courtesy as the majority. It’s also about freedom from prejudice, negative labelling and stereotyping. Unfortunately, as we have seen above, gay men and lesbians are still a very long way from being able to enjoy equal opportunities and fair treatment. Let’s look at a few examples.

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Gay men and lesbians are not able openly to display affection towards each other in public. If they indulge in the types of hand-holding and kissing that heterosexual couples do when out shopping or on the train or bus, in restaurants or at the cinema, the chances are that a complaint will be made against them, probably to the police. The result could be that their behaviour becomes interpreted as offensive, and they could be arrested! This can mean that gay men and lesbians often hide their relationships behind closed doors and are made to feel guilt and shame. Pause for thought l

Take a few moments to imagine how you would feel if you were not allowed to openly display any love and affection towards your partner in public places and might face being arrested by the police if you did.

Many gay men and lesbians have found that if their sexual orientation becomes known to their employer, their career prospects can be threatened. They may even find themselves subject to strategies and practices aimed at forcing them to leave. The fact that they were considered a good and respected worker before knowledge of their sexual orientation came to notice is quickly forgotten. Even where it is kept secret, informal expectations such as the expectation that employers should bring their partner to company social functions, for example, can prove uncomfortable, frustrating and embarrassing. ‘Being a homosexual may not affect one’s ability to do office work, but to be known as a homosexual in an office may make it impossible to continue working there’ (Becker, 1963). From 1 December 2003 lesbian and gay workers have enjoyed legal protection from discrimination and harassment in the workplace, following the introduction of the Employment Equality (Sexual Orientation) Regulations 2003. This legislation makes it an offence to discriminate against a member of staff or job applicant on the grounds of sexual orientation. Currently, a lot of controversy surrounds the issue of whether gay men and lesbians should be allowed custody of children and whether they should be allowed to become foster or adoptive parents. It is hardly surprising, given that, as we have seen, the majority group holds images of gay men and lesbians as sexual perverts and deviants, that they should at the same time question their suitability as parents. Again, such prejudices and discrimina-

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tion arise out of vulnerability. The perceived threat on this occasion is that gay men and lesbians will somehow corrupt children’s morals and lead them into a homosexual lifestyle. What evidence there is provides no support for such a view. The fact that a gay man or lesbian, while keeping their sexual orientation from view within a heterosexual marriage, is viewed as a good parent who loves their children, soon becomes forgotten once the parent chooses openly to declare their sexual orientation. The new label of them as a gay man or a lesbian often completely obscures these other aspects of who the person is, their abilities, their worth and their individuality. Elsewhere in this book we have described legislation which aims to put the weight of the law behind combating prejudice and unfairness. The Sex Discrimination Act 1975 and the Race Relations Act 1976 are examples of such laws. With the introduction of the Employment Equality (Sexual Orientation) Regulations 2003, gay men and lesbians now have legal protection from discrimination in employment based upon their sexual orientation. These regulations also provide legal protection from harassment and victimization at work.

Pause for thought We have raised a number of ways in which gay men and lesbians face a lack of equality in our society. Thinking about these, try and answer the following questions: l

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Can you think of other ways, not already mentioned, in which gay men and lesbians might experience a lack of fair treatment and less than equal opportunities? What could be done in order to overcome such inequality and absence of fair treatment? Can you identify forms of more direct prejudice and discrimination that gay men and lesbians might face?

DIRECT PREJUDICE AND DISCRIMINATION Although we have raised a number of ways in which gay men and lesbians can and do experience less than fair treatment and a direct lack of equal opportunity, there are forms of discrimination of a more immediate and

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threatening kind. Daily in this country gay men and lesbians are having to face open hostility and hatred which can range from simple avoidance to name-calling and abuse right through to threats of violence and actual attacks and even murder. So-called ‘queer-bashing’ remains a real and ongoing threat to gay people, particularly in areas where gay clubs and bars are situated. Gay men and lesbians argue that this direct and open hostility is not being given a high enough priority by the police who, it is claimed, because of their own prejudices, are not prepared to acknowledge the elements of discrimination that such threats and attacks contain or the very real consequences that such incidents have for gay men and lesbians in our community. Figures released by the Metropolitan Police Service show that the number of homphobic attacks in London rose by 10 per cent from 1,365 in 2002 to 1,536 in 2004.

A FINAL WORD Before leaving this section, we would like you to consider the thoughts of a woman who, when asked if she considered that being a lesbian was an exciting lifestyle, said: ‘I think that not being able to move freely through society as a human being and a person with dignity isn’t exciting. I think maybe robbing a bank is exciting, but not being an outcast because you have preferences that the majority don’t have, that’s not exciting – it never was for me. I don’t want to offend anybody, I just want to be a person. I just want to walk through life freely and not harm anybody. I don’t want to be harmed, I just want to have fun. I don’t want to think “Oh, there’s something wrong with me, I’m not as good as this person, that I have to sit at the end of the table or have to go to the back of the bus”, that sucks!’

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Being gay or lesbian is not an illness, nor is it a form of psychiatric condition for which people should be treated and from which they can recover. Attitudes that suggest gay men and lesbians are sexual deviants forget to explain that this form of sexual lifestyle only deviates from views of right and wrong (and of what is considered to be morally correct and acceptable behaviour) which are constructed by the majority group. These ideas of normal, acceptable, right and wrong are not fixed and selfapparent truths but are flexible, relative and changing. Our views about gay men and lesbians and the images we hold seldom come from direct experience – instead they are given to us by our family, friends and teachers and from sources such as newspapers, magazines, TV, radio and film, etc. The labels typically applied to gay men and lesbians are very unhelpful and limiting. They tend to emphasize a few negative ideas but push other important parts of the person’s identity and abilities from view. The camp gay man, the ultra-macho gay man and the butch lesbian are demonstrating against stereotypical images which claim they either lack masculinity (gay men) or cannot do without men (lesbians). Ideas that gay relationships are short-term and gay men and lesbians promiscuous have no basis in reality and serve only to keep prejudice alive. This view may diminish with the introduction of the Civil Partnership Act. Gay men and lesbians suffer many forms of inequality, including not being able to display affection in public and a closing off of employment opportunities despite new legislation. In addition they are less likely to be seen as suitable parents and guardians of the young. Gay men and lesbians continue to face open hostility and hatred which may amount to name-calling and abuse but could also include threats of violence, assault and even murder.

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PERSONAL ACTION PLAN Try answering the following questions: How will the things I have learnt in this chapter change the way I think and act towards others who are different to me? What has this chapter helped me to learn about myself with regard to: l l l l l l l l

my beliefs; my attitudes; my values; my knowledge of others; my behaviour; my use of language; my responsibilities; the way I see the world?

How do I need to change in order to become: l l l l l l

fairer; more sensitive; more understanding; less prejudicial; less discriminatory; better able to deal with people according to their needs?

If I were to change one thing about the way I act as a result of reading this chapter what would it be?

Chapter 7 Disability It is estimated that there may be as many as 6 million people in the UK with some form of disability, a figure which represents some 10 per cent of the population. It is not hard to see, therefore, that forms of prejudice and discrimination against those with disabilities can upset the lives of many people. Within this part of the book we shall look in some detail at how people who are disabled in some way can become marginalized and isolated by the attitudes of others and further disabled by the very environment in which they live and work. By the time you have read this chapter we hope you will have a better understanding of the following issues: l

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the types of prejudice and discrimination suffered by people who have a disability; common insensitivity towards people with a disability and how to avoid it; the disabling environment; issues concerning wheelchair users; issues concerning people who are blind or have visual impairment; issues concerning people who are deaf or who have hearing impairment; and the Disability Discrimination Acts of 1995 and 2005 and their Codes of Practice.

A BRIEF WORD ABOUT TERMS AND LABELS Throughout this book we have talked about the dangers of labelling people, a process by which we attach a name or label to a person because of a

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particular characteristic that they hold and then proceed to make all sorts of assumptions about them based on that label. Not only do labels give rise to such fixed thinking, they also make us forget many other important things about the person or group of people we are talking about. The word ‘disabled’ is a label and it can conjure up all sorts of fixed ways of thinking about those we call disabled. In particular the term carries with it ideas of helplessness and dependence – we shall explore these issues later in the chapter. Because the term ‘disabled’ is commonly used both by able-bodied and less able people, we have used it in this book to avoid a clumsy style of writing that may lack meaning for the reader. What we would ask you to keep in mind is that whether a person is a wheelchair user, or is hearing or visually impaired, for example, these disabilities only make the person less able to do certain things – it doesn’t and shouldn’t disqualify them from being a full and valued member of the community.

TYPES OF INSENSITIVITY, PREJUDICE AND DISCRIMINATION When we think about people with disabilities it’s easy to assume that what we identify as their disability, the fact that they are in a wheelchair for example, is the thing that will cause them problems in their daily life, but this may be only partly true. While their disability may mean that they have had to adapt the way they think about and do things day to day, it is more likely that those with a disability become most disabled by the attitudes that others hold about them and by the environment in which they live and work. We will talk in more detail about the disabling environment later in this chapter, so let’s turn now to the question of attitudes and insensitivity.

Pause for thought Think for a moment about your own attitudes towards people with disabilities and the reactions of others that you may have seen or heard. l

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How do you, or other people, typically react when they pass by a person who is disabled in some way? How do you, or other people, typically react when introduced to a person with a disability? Can you identify typical forms of insensitivity that people may display towards a person who is disabled?

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It’s likely that, if you’re not disabled yourself, you carry around ideas of what it is to be ‘normal’ and these ideas will include assumptions that to be normal is to be able-bodied. Even if you feel that this isn’t true for you, it’s certainly how most people think and so it’s not surprising that when people see someone who is disabled they tend to react. These reactions might easily include any or all of the following: l l l l

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They stand and stare. They stop talking. They may point the person out to a friend. They may talk behind their hand to a friend while indicating the person who is disabled with a nod or a stare. They may move away. Parents may even gather their children around them.

You may even be able to think of other reactions you have seen yourself. The point is that, sadly, disability is a stigma, a mark which sets the person apart from ‘the rest of us’ (Goffman, 1990). Such reactions are very hurtful and enforce a feeling of isolation and separateness – it’s as if the able-bodied are saying ‘you shouldn’t come here and mix with us, you should keep yourself to yourself, that way you don’t become a burden for the rest of us to deal with’. This feeling is captured in the following experience – a man who’s blind has gone to the barber for a haircut: The [barber’s] shop was hushed and solemn as I was ushered in and I was virtually lifted by the uniformed attendant into the chair. I tried a joke, the usual thing about getting a haircut once every three months even if I didn’t need it. It was a mistake. The silence told me that I wasn’t a man who should make jokes, not even good ones (quoted in Chevigny, 1962: 68). In Chapters 1 and 2 we stressed how the appropriate use of empathy was a core and transferable skill in extending equal opportunities and fair treatment to everybody, and it is certainly of value here. By imagining how you would feel as a disabled person in these circumstances you will quickly realize what it might feel like to be in just such a situation with people staring, pointing or distancing themselves from you. Other reactions which disabled people often face represent the other side of the coin to those we have already mentioned above and include oversensitivity, pity and patronizing comments and attitudes. Rather than give

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examples of this form of prejudice we feel it is better to offer you, the reader, guidance on how to avoid such pitfalls. We do this below in the section about avoiding common forms of insensitivity towards people with disabilities.

Discrimination in employment and education Prejudice towards the disabled quickly becomes discrimination in other areas such as access to employment, education and other public amenities.

Employment Being less than fully able can often prove a bar to many forms of employment where employers either cannot or, more often, will not take on a disabled person for particular types of work. Common arguments offered by employers include: l

A disabled person would not be capable of undertaking the work advertised.

Apart from work with specific physical requirements that would directly rule out certain disabled people, advances in technology will increasingly enable those with disabilities to work comfortably alongside their able-bodied colleagues doing the same jobs, a text reader is a good example of this. l

It would prove too expensive to adapt working conditions to allow them necessary access or facilities to do the job.

The whole issue of having to make reasonable adjustments to the places where disabled people work and the way that their work is arranged became a legal responsibility placed on employers by the Disability Discrimination Acts of 1995 and 2005 (see also Chapter 11). Also, there is a growing awareness amongst architects that building designs which provide good access for the disabled also improve overall ease of use for everyone. As we have already said, the stigma which so often accompanies disability prevents disabled people from securing other forms of work which require direct contact with the public. Employers, fearing that disabled employees will turn customers away, will not employ them in such positions irrespective of their ability to do the job. How many wheelchair users have you come across who are till operators in supermarkets, or teachers or librarians or solicitors? Why is this? It rarely needs to be because the person is a wheelchair user!

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Education People with disabilities may also face discrimination in the area of education. Often, the specific needs of people with hearing or visual impairment, for example, are only met through the provision of ‘special’ schools and, while such schools may do an excellent job, it does mean that rather than integrating with ‘mainstream’ students, those with disabilities are kept apart, and this tends to reinforce attitudes of separateness. Fortunately with amendments introduced by the Disability Discrimination Act 2005 there is now a responsibility on all public authorities (including schools) to consider the impact that their facilities and policies might have on people with disabilities and their ability to access educational resources. Such problems become even more acute in further or higher education (colleges and universities) where, although improvements are being made for wheelchair access, few offer facilities for deaf and blind students at an effective level. This lack of facilities and support discourages people with disabilities from pursuing their education and reinforces the message that society sees their specific needs as a burden that is either too costly or involves too much effort to meet. It is hoped that provisions within the Disability Discrimination Act that require colleges and universities to examine and improve their existing arrangements and facilities for disabled students will continue to promote much-needed improvements in this area.

Pause for thought If you are a student either at school or at college or university, see if you can find out the following: l

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What provisions does your place of education have for wheelchair users, or people who have visual or hearing impairment? What percentage of students at your place of education are disabled? Does your school, college or university have an equal opportunities policy? If it does, is disability mentioned?

HOW TO AVOID COMMON INSENSITIVITY We have already spoken of the typical reactions of people who see a disabled person – remind yourself of these points before we move on. We hope that,

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having read this book, your reactions will be modified as necessary and based on empathy (thinking how you might feel in the person’s position) and sensitivity (realizing how such reactions must make the person feel). In addition to these reactions are many other forms of insensitivity which become apparent when people meet or are introduced to a person who has a particular disability, and these can best be grouped under three headings.

Insensitive language There are plenty of expressions which are clearly inappropriate, insulting and hurtful such as ‘blind as a bat’, ‘deaf as a post’, ‘cripple’, ‘mutt’n’jeff’, ‘spasmo’ as well as common terms which, while not meant to be hurtful, are still insensitive – these include ‘deaf and dumb’, ‘handicapped’, ‘invalid’ and ‘having a senior moment’. We will be returning to some of these expressions later in this chapter to consider why they might be inappropriate and inaccurate.

Being over-sensitive We all value our freedom and independence and would probably feel quite put out if other people thought they knew what was best for us, or fussed unduly, offering to do things which we felt more than capable of doing for ourselves. This is as true, if not more so, for people who are living with a disability. They will have worked hard to adjust the way they think about and do things to take account of their disability and may not take too kindly to being viewed as helpless, dependent or pathetic. By the same token we all struggle from time to time and a kindly offer of assistance from someone else is not only appropriate but welcome. This is true for everyone, whether able-bodied or disabled in some way. The thing to remember if you feel that someone might like your help, is to offer assistance politely and not to be offended if it is refused. Chances are that the disabled person is far more able than you might first assume them to be. Returning to the question of language for a moment, there are expressions which crop up in everyday language which are quite acceptable to disabled people and will not cause offence. For instance blind people will say ‘be seeing you’ to others in conversation and will not be upset if you use this in conversation. Other similar phrases include ‘did you hear about . . .’ or ‘I must be running along’.

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Pity Another way in which people can be insensitive is by saying things which amount to pity towards the person who is disabled. Try to avoid saying things like: ‘you poor thing’, ‘it must be awful for you’, ‘how do you cope?’, or ‘who looks after you?’ Such phrases are not helpful and do not convey the warmth and support that they suggest. Instead they can reinforce the difference between the able-bodied person and the subject of their unwanted pity. . . in effect it’s like saying ‘how awful for you that you’re not like me’ or ‘how awful it must be to be you!’

THE DISABLING ENVIRONMENT Everywhere you look and in all aspects of social and working life, arrangements and designs serve the able-bodied majority. Think about the following examples: l l l l l l l l l l

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aisles in shops; corridors in offices; width of doors; the height of public phone-boxes and other public amenities; the absence of text telephones for the hearing impaired; the absence of ramps; the scarcity of lifts; the huge number of visual signs for directing and warning; the design of older buses and trains; obstacles on walkways and pavements such as badly parked cars, broken or uneven paving and roadworks; and the fact that wheelchair users must book their journey in advance if they want to travel by rail or underground (they are considered a fire risk!).

This is just a small list and you will undoubtedly be able to think of many more examples of how the built environment is a huge disabling factor in the lives of people with a disability. In fact we would go as far as to say that it is the way that the able-bodied majority arranges the built environment which disables people who themselves have learnt to adapt themselves to their disability. For example, deaf people have a highly developed language using signs rather than words and this language is as rich and varied and as powerful as

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spoken English or any other language. What prevents them from being able to communicate freely with hearing people is the fact that few hearing people know how to sign. If more people learned sign language, the easier it would be for all of us to communicate with each other. There are some indications that things in the built environment are improving. In some places, such as new shopping centres, access for wheelchair users has been greatly improved with the provision of ramps, lifts and wider walkways and aisles. Interestingly, parents with children in pushchairs are also enjoying these improvements. Public telephones are also beginning to include one handset at a lower level, and we have even seen the odd public text telephone. Bus companies are increasingly using new types of bus which lower themselves at bus stops and have a special ramp entrance in the middle for wheelchair users. Finally, the increased use of e-mail, the internet and the world wide web together with both online (internet) shopping and banking and interactive TV has started to offer many new opportunities for those who have hearing or mobility problems. Speech programs which allow your computer to talk to you, as well as other accessibility options for the computer, similarly promise the freedom of the internet and the world wide web to an even larger number of disabled persons.

ISSUES CONCERNING WHEELCHAIR USERS

Myth ‘Because a person is in a wheelchair it must mean they aren’t as “with it” and as intelligent as an able-bodied person.’ Myth-buster A person may be in a wheelchair for many different reasons and if their need for a wheelchair arises from a physical disability it is clearly ridiculous to suggest that their wheelchair use must mean they are not as mentally able and as clever as any able-bodied person. You only have to look at Stephen Hawking, the famous astrophysicist, to realize how wrong such assumptions can be.

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What seems to happen is that because a person uses a wheelchair they are valued less as an individual and ignored, patronized, pitied or avoided by others who wrongly presume that because they themselves are able-bodied, this somehow makes them superior and of more value as a person than someone in a wheelchair. As a result the wheelchair user has to work harder just to be accepted as a ‘normal’ person and to prove themselves to be of equal value. The classic example of this is where a wheelchair user and an able-bodied friend go to the counter of a cafe for a cup of tea and, as the able-bodied person is in the process of ordering the refreshments, the person serving them nods towards the wheelchair user and asks ‘does he take sugar?’ Even in this short exchange we can see a wealth of prejudice and stereotyping revealed: l

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The person serving them assumes the person in the wheelchair cannot answer for themself. The wheelchair user’s identity is totally wrapped up in their disability and the person serving cannot see beyond this. The person serving presumes the person in the wheelchair is dependent on their able-bodied companion. There is an assumption that an intelligent reply may only be forthcoming from the able-bodied person. The person serving is more comfortable speaking to another ‘normal’ person.

Being more aware of the needs of people who are wheelchair users From the example above we hope you will see that a person does not lose their individuality, their independence and their value as a person because they happen to use a wheelchair. As such, the first thing you should keep in mind is that here is a person just like you who just happens to need a wheelchair to get around. This person has exactly the same right to be treated fairly and with respect and courtesy as everyone else, and you shouldn’t allow the wheelchair to become a barrier to this (see Figure 7.1). In terms of the wheelchair itself and the person’s use of it, you should also consider the following points:

124 The Equal Opportunities Handbook Don’t lean on the wheelchair Don’t hang coats, hats or handbags on a wheelchair

Don’t surprise the wheelchair user by suddenly pushing them along uninvited Remember that the thing that disables a wheelchair user most is the built environment

Get to the wheelchair user’s eye level when speaking with them

If you think a wheelchair user might need help, offer your assistance politely

Don’t fall into the ‘Does he take sugar?’ trap

Don’t be offended if your offer of help is declined

Figure 7.1 Some useful things to remember when talking with or offering assistance to a wheelchair user

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Don’t lean on the wheelchair, either when talking to the person using it or when talking to someone else. Don’t put things like jackets or coats on the wheelchair – the wheelchair is personal to the user and is not a coat-rack. When speaking with someone in a wheelchair it is more polite if you can crouch down or, better still, sit down so that you can be at their eye level when talking with them, unless they find this uncomfortable or inappropriate. Don’t surprise the wheelchair user by suddenly grabbing the wheelchair and pushing them along. This would be a bit like having someone grab you by the elbow and push you along without you expecting it. If you think a wheelchair user would appreciate help, offer it politely and seek directions from them about what help is needed. Don’t get upset if your offer of help is not accepted.

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Be aware of inappropriate language. Words such as ‘cripple’ or ‘spas’ are offensive. The word ‘invalid’ suggests that person is not a valid individual. The word ‘handicapped’ derives from the expression ‘cap-in-hand’ and suggests the wheelchair user is dependent on others and as such lacks valuable independence and freedom.

ISSUES CONCERNING PEOPLE WHO ARE BLIND OR PARTIALLY SIGHTED You will notice from the title of this section that it is quite inaccurate to assume that all people who are disabled because they have visual impairment are necessarily blind. Some may, in fact, be partially sighted. It is estimated that in the UK there are over 275,000 people who are registered blind or visually impaired and it’s worth stressing that most of these people make use of shops, public transport and other public facilities in the same way that their sighted neighbours do. Remember too that not all blind or partially sighted people have access to a guide dog (not all necessarily want to) and that whether they have or not, there will be times when, like any of us, a person who is visually disabled needs help because they feel lost. Much of this section will be taken up with advice concerning how to offer effective help when it’s needed and how to extend empathy by giving useful commentary and information that will assist the blind or partially sighted person to regain their bearings and avoid embarrassment. We would like to acknowledge the agency ‘Action for Blind People’ (their details appear in Chapter 11) for information which assisted us in the compilation of much of this section. Crowded streets, poor paving, drop kerbs, badly parked cars. . . there are many hazards to be negotiated. It is important therefore, that assistance is offered where needed and that it is a help not a hindrance. (Guiding Blind and Partially Sighted People, Action for Blind People information pamphlet) People can often feel embarrassed or reluctant to offer help, fearing they may be doing or may say the wrong thing. However, if you see a person who is blind or partially sighted who looks as if they need help, politely introduce yourself and offer your assistance. Don’t grab their arm and don’t raise your

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voice (you may laugh, but this is a common reaction; the fact that a person is visually disabled doesn’t mean that they have problems hearing as well). Be guided by what the person wants, and if they don’t need your help don’t be offended. At the same time don’t assume you know where the person wants to go by the direction they are facing – ask. If the person is happy to accept your offer of assistance consider the following points: l

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Ask the person if they would like to take your arm. If they do they will probably grip it lightly just above the elbow. This will be your ‘guiding arm’ and you should try to keep it straight by your side. Do not take the person’s arm and propel them along. Once you have agreed where you are going, start off slowly and keep at a modest pace which feels comfortable and safe. Watch out for things which may get in the person’s path as you guide them – a gentle commentary would help, informing the person of any obstacles before you both reach them. If you approach steps tell the person this and say whether they go up or down. Tell them if there is a banister rail and walk so that the person can make use of it if they so wish. Tell them when you reach the bottom or top, take a small step forward and then pause to allow the person to descend or ascend the last step. If you have to cross a road explain how the traffic is moving and leave a sufficient gap to allow both of you to cross at a modest pace in safety. Always use a pedestrian or zebra crossing if you can. If in a busy street it is necessary for you both to walk in single file, indicate this by moving the hand of your guiding arm to the small of your back. Once the need for this has passed you can move your guiding arm back to your side. Once again, talk to the other person, explaining what you are doing and why. If you need to help a blind or partially sighted person to sit down, place their hand gently on the back of the chair, telling them what you are doing and why, before you do it.

Some other general points to bear in mind include introducing yourself when you meet a person who is blind or partially sighted and introducing others with you, saying where they are standing in relation to you, for example ‘and this is Steve Baxter, who is on my right’.

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ISSUES CONCERNING PEOPLE WHO ARE PROFOUNDLY OR PARTIALLY DEAF

Myth ‘If a person can’t hear, it’s typical that they can’t speak as well, after all that’s the condition isn’t it?. . . Deaf and dumb.’ Myth-buster We live in a world of verbal communication where the ability to talk with others and listen to their replies is considered a basic essential of social life. If you were to ref lect on what is a typical day for you, the chances are that you will spend a fair proportion of it engaged in chatting with family, friends, work colleagues and other people you may come into contact with. Consider then what impact being deaf might have on your everyday life – you would find it extremely difficult if not impossible to communicate effectively with other people. For those people who have been deaf from birth, the problem of communication in a hearing world extends to speech as well, because even though such people have the ability to speak (they are not dumb as is commonly suggested in the term deaf and dumb) having never heard speech they have no understanding of what words sounds like and how to form them. Following prolonged and difficult training however, many people who have been deaf from birth (or from an early age) do learn to speak. Nonetheless, because their speech may not be as clear and well structured as that of a hearing person, it is all too easy for people to make the assumption that deaf people lack intelligence. Now that you, the reader, realize the difficulty of learning a language you have never heard, you will be in a position to put such prejudiced thinking behind you and challenge this misconception in others.

Sign language and finger spelling The deaf community, which can be thought of as including people who are both profoundly deaf (fully deaf) and those who have partial hearing loss, have developed their own visual language which is as rich, descriptive and

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powerful as any spoken language. You have probably seen sign language used along with spoken language on news and current affairs programmes on television. Like any full-blown language, sign language has developed local dialects and people who are deaf and who live and work in London may, for example, have the same difficulty understanding certain signs used by a deaf person who lives in the North of England as a hearing person from the South might with some spoken northern dialects. Because the term ‘deaf person’ has such a broad application, it is probably more accurate to understand the term as referring not to a particular physical condition, but instead as signalling membership of an identifiable linguistic and cultural group. Take a look at the poem below which was written by a person who is deaf. YOU HAVE TO BE DEAF TO UNDERSTAND (extracts from a poem by Willard J Madsen) What is it like to ‘hear’ a hand? You have to be deaf to understand What is it like to be shouted at When someone thinks that will help you to hear Or misunderstands the words of a friend Who is trying to make a joke clear And you don’t get the point because he’s failed You have to be deaf to understand What is it like to be laughed in the face When you try to repeat what is said Just to make sure that you’ve understood And you find that the words were misread And you want to cry out ‘Please help me my friend!’ You have to be deaf to understand What is it like to be deaf and alone In the company of those who can hear And you can only guess as you go along For no one’s there with a helping hand As you try to keep up with the words of a song You have to be deaf to understand What is it like to comprehend Some nimble fingers that paint the scene

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And make you smile and feel serene With the ‘Spoken word’ of the moving hand That makes you part of the world at large You have to be deaf to understand What is it like to ‘hear’ a hand Yes, you have to be deaf to understand! The main form of sign language used by deaf people in this country is British Sign Language or BSL, and most colleges and evening classes offer courses where you can go and learn how to sign. It is both an interesting and rewarding thing to do. It is important to realize that British Sign Language is not a system where spoken words have become translated into individual signs; instead, BSL has developed (and will continue to develop) as a complete visual language. As such there are signs for which there is no corresponding spoken alternative, just as there are spoken words for which there is no signed alternative. Alternatively you could begin by learning the slower but more straightforward system of finger spelling. We have included a diagram (Figure 7.2), with permission from the British Deaf Association, which shows you the correct finger positions and their relative meanings. All you do, having learned the finger spellings, is to join them together to make the words you want. You will see that spelling words a letter at a time can be a far more timeconsuming business than using a single sign for a given word or phrase, however.

Lip-reading Another skill that a person who is deaf or hearing impaired might develop is lip-reading, the ability to comprehend what a hearing person is saying by interpreting their lip movements and patterns. Try it yourself. Even when people are speaking slowly and you know basically what they are talking about, working out what they are saying from watching their lip movements is very difficult and demands great concentration. It’s likely that you will pick up little of what they actually say, although you might catch the broad drift of the conversation. Of course, if you don’t know the context you will probably fail to capture anything they are saying and you will be left outside the conversation. When a person who is deaf or partially deaf tries to lip-read what you are saying there are things that you can do that will help them (Figure 7.3) get the most from what you are trying to say:

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British two-handed finger spelling

Don’t sit near a window, as the light coming in may throw your face into silhouette and make lip-reading difficult. Don’t exaggerate your lip movements, as this may lay false emphasis on what you are trying to say. Keep your hands and fingers away from your face and don’t chew on a pen or pencil or smoke a cigarette as you are talking.

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If the deaf person is accompanied by an interpreter don’t speak only to this person

If you are able to use sign language then this is the best way to communicate Try some finger spelling

Don’t sit with your back to a window or a bright light – this will throw your face into silhouette

Cut down background noise as far as you can

Try and sit at the same level as the person you are talking to, as this will assist lip-reading

To assist a person who is trying to lip-read, keep your fingers away from your mouth – don’t smoke or chew a pen

Don’t shout and don’t exaggerate your lip movements, this doesn’t help

Figure 7.3 Some useful things to remember when talking with a person who is profoundly or partially deaf l

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Sit at the same level and facing the person who is trying to lip-read from you. If appropriate, don’t feel afraid to show feeling in your facial and upper body gestures, as people trying to lip-read will pick up not only on your lip movements but also on supporting body language. Try to cut down background noise, as the person who is lip-reading may have some hearing and may use this to support information gained from watching your lip movements and gestures. If you or the other person turns away, stop talking, as they will miss parts of your conversation. Keep what you are trying to say reasonably straightforward – long or complex words may not be understood.

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If the deaf person is accompanied by a hearing friend try to avoid talking exclusively to that person just because it’s easier for you.

The Disability Discrimination Acts of 1995 and 2005 and the associated Codes of Practice Discrimination This legislation makes it an offence to discriminate against a person because of their disability by treating them less favourably than a fully able person would be treated in the same or similar circumstances and where this less favourable treatment cannot be justified or remedied by making reasonable adjustments to the work or workplace. Amanda is a wheelchair user; she applies for a job as an e-learning developer, for which she is well qualified. When she attends for interview she is told that the office where she would work if she was successful could not accommodate wheelchair access and that her wheelchair would ‘get in the way’. The job is given to another person who is no more suitable or better qualified than Amanda, but who does not use a wheelchair. In this example Amanda could claim under the Disability Discrimination Act that an offence had been committed, in that she was treated less favourably because of her disability. Under this Act her potential employer has a duty to make reasonable adjustments that would allow Amanda to work effectively alongside her colleagues. This may include some rearrangement of furniture and equipment or office space to better accommodate her wheelchair. The example given above raises two important questions regarding what is meant by justified treatment that may give rise to discrimination, and what is meant by reasonable adjustments.

Justified treatment Justified treatment relates to the ability of an individual to undertake the job in question effectively in cases where a disability would prevent this, despite an employer making reasonable adjustments. For example, where a job requires the applicant or post-holder to do a lot of driving and this is a fundamental aspect of the work required, it would be justified treatment not to employ a person in this capacity who has a visual impairment.

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Reasonable adjustments Reasonable adjustments are changes to the work required or workplace that would allow a person with a disability to work effectively alongside their able-bodied colleagues. We have already mentioned such steps as the rearrangement of furniture, equipment or office space in the case of Amanda above, and reasonable adjustments may also include provision of f lexible working hours to accommodate a person’s need for medical treatment for their condition, provision of text-reader software to allow a visually impaired employee to use computer equipment, the provision of text telephones for those with hearing impairment and so forth. An employer has to take such steps as are reasonable in all the circumstances to prevent disadvantage — in other words the employer has to make a ‘reasonable adjustment’ (S6(1)). The disadvantage caused must be significant and not trivial, for example changes to the workplace to enable a wheelchair user to gain access to a particular area would not cause significant disadvantage if they were not undertaken in circumstances where the wheelchair user is able to access that area by another reasonable route. What adjustments might an employer be expected to make to ensure that a person with a disability is not disadvantaged? Here are some examples: l l l l l

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making adjustments to premises; allocating some of the disabled person’s duties to another person; transferring the person to fill an existing vacancy; altering the person’s working hours; assigning the person to a different place of work (eg a ground f loor office or a building with lift access); allowing the person to be absent during working hours for rehabilitation, assessment or treatment; giving the person, or arranging for him or her to be given, training; acquiring or modifying equipment; modifying instructions or reference manuals; modifying procedures for testing or assessment; providing a reader or interpreter; providing supervision.

How reasonable such adjustments are in the circumstances will depend upon the size of the business and workforce and the nature of the workplace. A small business employing 30 people on a single site will have less capacity to

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undertake some of these adjustments compared to a business employing 3,000 people on multiple sites. Factors such as the cost of the adjustment and resulting disruption together with the employer’s financial resources will also impact upon whether an adjustment is reasonable in the circumstances. Where adjustments are required to the workplace but require the authority of a landlord, the Disability Discrimination Act places legal requirements upon landlords to allow the adjustments to be made where it is reasonable for them to do so in the circumstances.

Victimization The Act also provides protection for individuals who undertake proceedings for breach of this legislation from being victimized. It is an offence to treat a person less favourably than he or she would treat another person because they have instigated proceedings for a breach of the Disability Discrimination Act or have elected to give evidence at such proceedings.

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People who are disabled often face hurtful and offensive reactions from people who have little sensitivity or empathy. Empathy and greater understanding can help you avoid adding to such prejudice. People who are disabled are sometimes made to feel they are intruding into the world of the able-bodied majority. This isolates them from the communities in which they live. It is the built environment (steps, narrow corridors, voice public phones, visual signs, etc) that has the effect of disabling people who have restricted mobility or have a visual or hearing impairment. In the area of employment, people who are disabled face arguments that they are incapable of doing proper jobs, that their contact with the customer would lose sales or that it would cost too much money to alter working arrangements to meet their needs. In the area of education there is little effective provision for students who are deaf or blind and there are only limited arrangements to improve access for students who are wheelchair users. Too often a person’s disability is all that able-bodied people focus on – they ignore the real person who is at the same time disabled. Many people wrongly assume that because someone is disabled they must also be unintelligent.

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There are many ways in which you can assist a person who is deaf, blind or a wheelchair user, but first you should ask the person if they need and want your help – they may not. The Disability Discrimination Acts of 1995 and 2005 and the associated Codes of Practice set out offences of discrimination on the grounds of a person’s disability and place a requirement on employers to make reasonable adjustment to prevent disadvantage and discrimination.

PERSONAL ACTION PLAN Try answering the following questions: How will the things I have learnt in this chapter change the way I think and act towards others who are different to me? What has this chapter helped me to learn about myself with regard to: l l l l l l l l

my beliefs; my attitudes; my values; my knowledge of others; my behaviour; my use of language; my responsibilities; the way I see the world?

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fairer; more sensitive; more understanding; less prejudicial; less discriminatory; better able to deal with people according to their needs?

If I were to change one thing about the way I act as a result of reading this chapter what would it be?

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Chapter 8 Equal Opportunities in the Workplace So far in the book we have considered a range of topics, including racism, sexism, disability and sexuality as these all relate to equal opportunities and to treating people fairly. Providing equality of opportunity and treating people without prejudice and without discrimination is of fundamental importance in life generally and we hope that, as you have read through the preceding chapters, you will have ‘paused for thought’ in relation to your own response to these issues. In this chapter, we now turn to issues of equal opportunities in the workplace. Nearly all of us at some stage in our lives will be in paid employment and it is in this context that we now consider the practical application of equal opportunities and fair treatment issues covered in detail in other chapters of this book By the time you have read this chapter we hope that you will have a better understanding of how equal opportunities impacts on: l l

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the shape of the labour force in the UK; human resource management processes such as recruitment and selection, retention and progression, and discipline, grievance and capability; performance management; the specific issues raised by bullying and harassment in the workplace; the issue of rights and responsibilities both from the employer’s and the employee’s perspective; work–life balance.

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THE SHAPE OF THE LABOUR FORCE IN THE UK Because equal opportunities have such a direct relevance to the workplace it is worth brief ly considering some of the major statistics that reveal the make-up of the labour force in the UK.

Employment by gender Table 8.1 shows the overall balance between men and women in the workforce in 2007. Just under half of the whole labour market is made up of women, which on the face of it demonstrates a reasonable equity between men and women in employment. The balance between full- and part-time workers, however, reveals a very different picture of the patterns of employment between the sexes. We can see therefore that whilst a considerable majority (90 per cent) of men are in full-time work, only slightly more than half of employed women are in full-time employment (58 per cent). In fact women are four times more likely to be in part-time employment than men. This has significance for equal opportunities for a number of reasons: l

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Whilst not exclusively so, part-time work is generally less well paid than full-time work: ‘Women working part-time earn on average 40 per cent less per hour than men working full-time’ (Equal Opportunities Commission, May 2005 – www.eoc.org.uk). Part-time work is often (although not exclusively) associated with nonprofessional occupations and those associated with unskilled and semiskilled jobs.

Table 8.1 Employment by gender (full and part time) 2007 (000’s) Women Thousands % Full-time employees Part-time employees Totals

7,026 5,038 12,064

58 42 100

Men Thousands 11,205 1,250 12,455

Source: Office for National Statistics – Labour Force Survey (April–June) 2007

% 90 10 100*

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Women who have caring responsibilities (looking after children for example) may have less opportunity to engage in full-time employment than men. Of course, some women choose not to work as their right, but for those who have no choice there are issues of access to childcare support, f lexible working arrangements and training. If such facilities are not available then there remains the possibility that they engage in parttime work not because they want to but because they have to. This is an issue of equality of opportunity.

Employment by disability Table 8.2 below shows that 13 per cent of people in employment have some form of disability and that nearly one in five (19 per cent) of the working age population is disabled. The table also illustrates a disparity between the number of disabled people (of working age) who are economically inactive but would like to work. The Disability Discrimination legislation (which we deal with elsewhere in the book) therefore takes on a great deal of importance in ensuring that people with a disability are treated fairly and given equality of opportunity in the workplace.

Table 8.2

Employment by disability (people of employment age – 000’s) Non-disabled Thousands

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23,872 1,257

87 99

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Source: Office for National Statistics – Labour Force Survey, Sept–Dec 2006

In a speech to the Federation of Small Businesses in March 2005, Bert Massie OBE, the Chairman of the Disability Rights Commission, said:

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For too long society has circumscribed disabled people’s involvement to nothing more than the passive recipients of care and support. With this view cemented in place whole areas of life have become anathema to disabled people and with it attitudes to justify these exclusions have become commonplace. Work is one of those areas. To make progress in this area, attitudinal barriers – like the physical barriers obstructing access to services – must come tumbling down and clear a path for more disabled people to contribute in the workforce. It seems clear then that there is still a good deal of work to be done to ensure the equality of opportunity and fairness that people with a disability deserve.

Employment by ethnic grouping Table 8.3 provides a snapshot of employment patterns in the workforce by ethnic grouping. In terms of equal opportunities in society at large, we can see that Black Caribbean and Black African men are approximately three times more likely to be unemployed than their white counterparts. The situation is slightly worse for men of Bangladeshi origin and Bangladeshi women are five times more likely to be unemployed than their white counterparts. In fact all minority ethnic groupings experience significantly higher rates of unemployment than white people in the UK. A full analysis of the reasons for this are beyond the scope of this book, but given what we have already said about some of the ways prejudice and discrimination manifest themselves in human relations and in society at large, we would argue that: l

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In employment terms alone, there is strong evidence that a great deal of progress is still to be made to ensure that people of whatever background have equality of access to work. Whilst the law is now quite strong in relation to equal opportunities, there still needs to be a focus on its implementation and the need for compliance. The issues do not merely centre on work but also education, training and the provision of services to enable people to have equal access to work.

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Table 8.3

Employment by ethnic group 2001, people of working age in the UK Of those in employment Employment Unemployment % full-time % part-time rate rate

Women White Mixed Indian Pakistani Bangladeshi Black Caribbean Black African Chinese All ethnic minorities

59 70 71 62 62 74 74 74 71

41 30 29 38 38 26 26 26 29

55 47 50 21 17 55 43 42 54

4.0 9.7 6.6 16.6 20.0 8.3 14.2 6.0 9.6

Men White Mixed Indian Pakistani Bangladeshi Black Caribbean Black African Chinese All ethnic minorities

93 89 91 81 62 90 88 90 87

7 11 9 19 38 10 12 10 13

68 54 65 52 49 56 51 53 56

5.7 13.6 6.5 14.7 17.4 15.7 16.3 6.0 11.9

Source: Office for National Statistics (2004) Census 2001

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Overall, what do the data tell us about the shape of employment in the workforce and about the importance of equal opportunities in the workplace?

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HUMAN RESOURCE MANAGEMENT PROCESSES There is an explicit relationship between the processes involved in the management of human resources (staff) and equal opportunities. Whilst in general terms, the processes may address organizational effectiveness, the management of performance and the smooth running of the workforce, they all have to operate within the framework of employment legislation. This framework has the overall thrust of seeking to ensure that people are dealt with fairly and have equality of opportunity. In the last chapter of the book we outline some of the key legislation that addresses equality in employment. In the remaining sections of this chapter, we examine some of the main areas of human resource management and consider how these relate to equal opportunities.

Recruitment and selection A review of any set of job adverts in the media will reveal that many organizations now routinely include a phrase such as ‘[our organization] is an equal opportunities employer’. Very often the statement will go further and outline the areas in which the organization is committed to antidiscriminatory practice. These statements are laudable in that they affirm the organization’s commitment to fairness and equality of opportunity and, in addition, they should have the effect of giving confidence to potential recruits and existing staff that they will not be discriminated against on the grounds of race, gender, disability or sexuality. Having said that, the process of selection and recruitment is one area of employment that is typically at high risk of introducing unfairness and discrimination unless robust systems and procedures are put in place to guarantee fairness and equity. Consider the eight steps in the recruitment and selection process proposed by Gooch and Cornelius (1999) shown in Figure 8.1. There are a number of points in the process where there is considerable potential to introduce inequality into the recruitment and selection procedure. For example, in step three, the definition of the selection criteria (sometimes called a job specification or job description) could easily stray into areas that would effectively exclude certain groups. An example of this is the police service, which used to have a minimum height requirement. This had the effect of not only excluding large numbers of women (who are generally shorter than men) but also certain ethnic groups who are genetically shorter.

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8. Measure, review and evaluate 7. Induct the new starter 6. Select the ‘right’ person 5. Advertise the vacancy 4. Determine the reward 3. Define the selection criteria 2. Analyse the requirement 1. Identify the need to recruit

Source: Gooch and Cornelius (1999: 30)

Figure 8.1

Eight steps in the recruitment and selection process

Step five provides another area where inequality can easily creep in. Where and how vacancies are advertised will have a crucial impact on the equality of opportunity for those who might like to apply. This can be the case where a job is deemed to be specialized and where adverts are placed in media that are only likely to be accessed by particular groups. Where organizations are serious about broadening and enriching the diversity of their workforce, consideration needs to be given to casting the recruitment net sufficiently widely to maximize the potential for capturing the best possible pool of applicants. Selecting the ‘right’ person (step six) is of course a further opportunity to introduce inequality. Selection procedures must be fair and transparent and need to be scrutinized for the possibility of the introduction of bias against a particular individual or group. This starts with the paper-sift stage, where it is important that measures are taken to avoid discrimination on the basis of a person’s name, age, ethnic grouping, disability, gender or other irrelevant factor. Interviews and selection procedures must likewise be standardized and scrutinized for any possibility of unfair advantage for one candidate over another. The key theme must be that, having given the maximum opportunity for people to apply through fair and equal processes of advertising and application, selection must then be on the basis of merit only and not on the basis of some irrelevant (or even unlawful) factor.

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Retention and progression Reed Personnel Services (2005) surveyed over 400 organizations in an attempt to assess the issues surrounding staff turnover. The summary of key findings from the survey shows that: l

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58 per cent of employers feel that staff retention is an issue in their organization; 33 per cent of organizations feel that staff turnover rates have risen over the past three years; the current average staff turnover rate was found to be 13 per cent among the companies surveyed; career progression was the most common reason for staff leaving, followed by salary increase; training was the most popular measure adopted by companies to reduce staff turnover, followed by increasing career progression opportunities (Reed Personnel Services, 2005: 2).

The business case for the retention of staff is clear. Recruitment, selection, induction and training all represent a considerable cost to an organization. Where there is a high turnover rate, these costs recur on a cyclical basis and organizations need to do what they can to reduce them. In the Reed survey it was found that 59 per cent of respondents cited career progression as the main reason for leaving, 48 per cent cited salary increase, 37 per cent change in personal circumstances, 30 per cent new challenges and 11 per cent to gain more recognition. Of course some of these factors are outside of the control of organizations or their human resources (HR) department. If people are content within an organization because they feel they are enjoying equality of opportunity, then the potential for them to be tempted to leave is considerably less. Taking the issue of change in personal circumstances as an example of why people can leave organizations, very often the impact of these changes can be mitigated by schemes to support workers, such as through part-time opportunities, f lexible hours, working from home, job-sharing and a greater recognition of the fact that staff have needs and responsibilities outside of the workplace that nonetheless impact on their performance. If key staff are to be retained, then steps need to be taken to address their needs where this is practicable.

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Discipline, grievance and capability In many organizations, procedures for discipline, grievance and managing and restoring efficiency often go hand-in-hand. Although it is not hard to see why they have become linked, it is unfortunate because very often disciplinary proceedings and those procedures for airing workplace grievances are addressing quite different things. The general heading ‘capability’ or ‘efficiency’ addresses the performance of a member of staff in relation to their role. Again the term may be problematic because someone’s capability or efficiency may be affected by a number of factors, not necessarily those that need to be dealt with by way of discipline. For example, a person’s efficiency may be impaired by a long-term illness that is entirely outside of their control. In discipline, grievance and capability the overall aim (except in the most serious cases) should not be punitive but should encourage appropriate changes in behaviour and practice with a view to improvement. So, how do we characterize discipline and grievance, and what have they got to do with equal opportunities? According to ACAS (the Advisory, Conciliation and Arbitration Service) (2003: 5), ‘disciplinary rules and procedures help to promote orderly employment relations as well as fairness and consistency in the treatment of individuals’. In certain circumstances disciplinary procedures are also a legal requirement. The ACAS Codes of Practice (2003: 6) go on to outline the core principles of reasonable behaviour for an employer. l

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Use procedures primarily to help and encourage employees to improve rather than just as a way of imposing a punishment. Inform the employee of the complaint against them, and provide them with an opportunity to state their case before decisions are reached. Allow employees to be accompanied at disciplinary meetings. Make sure that disciplinary action is not taken until the facts of the case have been established and that the action is reasonable in the circumstances. Never dismiss an employee for a first disciplinary offence, unless it is a case of gross misconduct. Give the employee a written explanation for any disciplinary action taken and make sure they know what improvement is expected. Give the employee an opportunity to appeal. Deal with issues as thoroughly and promptly as possible.

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A glance through these core principles reveals a strong link with the notions of equal opportunity and fairness. The adherence to these principles in disciplinary cases will not only help to ensure fairness for the employee, but will also protect the employer, who will be able to demonstrate that every effort was made to be reasonable and fair should the case end in the dismissal of the employee and (potentially) become the subject of an employment tribunal. Grievance procedures are a vital component of HR processes which seek to ensure that staff have an opportunity to bring to notice instances where they believe that they have been treated unfairly in some way. Very often the grievances that people raise will be in relation to their own perceptions of equality of opportunity and fair treatment. ACAS (2003: 23) defines grievance as ‘concerns, problems or complaints that employees raise with their employers’. When considering grievance procedures, that is the mechanisms by which employee grievances may be brought to notice and be dealt with, there are a number of issues that relate to equal opportunities and fairness. l

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Employees must have confidence in the grievance system itself. This means that staff must believe that they will be listened to and treated fairly if they raise a grievance. We have come across a number of procedures where people do not have confidence because they believe (rightly or wrongly) that if they raise a grievance they will become doubly punished by being victimized because they have taken action. As you will see explained in other parts of this book, harassing or victimizing a person who has lodged a grievance on the grounds of race, gender or disability (or who may be a witness to such a grievance), may itself be evidence of an offence against one of the equality laws. Where grievances need to be put into writing, it is important that appropriate support is given to those who have difficulty expressing themselves in writing or those for whom English is not their first language. Likewise, appropriate and reasonable adjustments should be made to ensure fair and equal access to grievance procedures by staff with other disabilities. Grievances about racist conduct need to focus on the perceptions of the complainant and the complainant should not be patronized by assertions that such motivation is difficult to prove, or that they are merely being over-sensitive.

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Have you ever been involved in a grievance procedure as a complainant or as a manager dealing with it? What was the experience like? How could the process have been different to make it better?

PERFORMANCE MANAGEMENT Many organizations, both large and small, are attempting to develop a culture of performance management. These organizations all have, more or less, the same broad aim of improving the performance of the organization by ensuring that all the people who work in it are working at the optimum level. Many performance management processes involve a structured approach by the setting of objectives at the individual level and aligning these individual objectives with the higher-level business objectives of the organization. Key to such systems is some mechanism to assess staff performance, normally through an annual performance and development review. These assessment systems may have different titles such as ‘Performance Development Review’, ‘Annual Appraisal’, ‘Annual Performance Review’, and so on, but they really amount to the same thing in that they seek to provide some measure of the actual performance that an individual employee has achieved in a given period (usually a year). The more sophisticated assessment schemes will not just review performance but will also point the way forward for the individual’s personal development. Some organizations take this even further and link pay rewards to the achievements of individual performance in certain areas. In one such organization in the UK that we have worked with recently, this assessment is done in three areas of performance: the achievement of yearly personal objectives (which must be stretching and aligned with the business need); technical and functional competence; and the demonstration of behaviours aligned with the values of the organization. Managers are trained to engage with all aspects of the process, not only encouraging performance but also the assessment of it. So what has this got to do with equal opportunities and fair treatment? Before we attempt to answer that question we need you to think about your own workplace situation.

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It is said that managing people in any organization is essentially about managing their difference or diversity. If everyone were the same there would be little to say about how to manage them, as one management style would fit all situations. The complexity of managing people springs from the fact that each is different; quite apart from their ethnic background, sexuality, gender, age, or disability they will have different skills and abilities, different attitudes, values and beliefs, different expectations and aspirations and so on. The essence of good management is to be able to maximize the potential of such differences. To be able to maximize an individual’s potential, a manager must first be alive to it and this requires an awareness of how you think about and understand those who may be different from you. Whenever people are being assessed on their performance, there is always the potential for prejudice and discrimination to have an impact on the performance review process. Managers undertaking assessments have a particular responsibility to understand the ways in which their own stereotyping, prejudice and discrimination can become introduced into the assessment processes when considering different employees. This requires not only a knowledge of the theory and the related law of equal opportunities, but also a level of self-awareness. A consistent and fair application of equal opportunities in the context of managing the performance of a diverse workforce is not always straightforward. Managers need to be committed to the notion that diversity is beneficial to any organization and that ensuring equality of opportunity within that diversity has business benefits if managed well.

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BULLYING AND HARASSMENT We have included this as a workplace issue of equal opportunities because bullying has received increasing attention over the past few years. Quite apart from the fact that bullying and harassment are unacceptable on moral or ethical grounds, there are sound business and legal reasons why the issue should be tackled head-on. For example, the stress that bullying behaviour causes the victim will inevitably lead to decreased performance, low morale, loss of confidence and the potential for either a criminal case or an employment tribunal on the grounds of discrimination. Pause for thought l l l

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How would you define bullying? What behaviours might constitute bullying or overbearing conduct? Have you ever been bullied at work or know of someone who has? What was the experience like? Does your organization have a policy on bullying?

As we have noted many times in this text, equal opportunities requires that people are treated fairly and this is particularly true of workplace situations. One damaging example of unfair treatment is the notion of bullying (including overbearing conduct) and harassment. The terms are often used in the same sentence and essentially amount to the same thing. However they may be distinguished as follows:

Bullying Offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient. (ACAS 2005a: 1)

Harassment Unwanted conduct affecting the dignity of men and women in the workplace. It may be related to age, sex, race, disability, religion, nationality or any personal characteristic of the individual, and may be persistent or an isolated incident. The key is that the actions or com-

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ments are viewed as demeaning and unacceptable to the recipient. (ACAS 2005a: 1) UK employment law currently has no specific definition or prohibition on bullying and harassment. Having said that it is important to note that: l

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Very often bullying and harassment may amount to a criminal offence that can be dealt with by the police (for example under the Protection from Harassment Act 1997). Bullying and harassment may amount to direct discrimination in relation to race, sex, sexual orientation, disability or religious belief and age. Employers have a duty of care to employees to ensure that they prevent bullying and harassing behaviour. Successful claims for unfair treatment on the grounds of bullying and harassment have been made. All of the equality laws contain provision for dealing with harassment or victimization of those who take action for acts of discrimination or those who support such actions as witnesses. Such harassment in these circumstances could constitute an offence.

So what types of behaviours might amount to bullying, overbearing conduct and harassment? Again drawing on the guidance from ACAS (2005a: 1), examples would be: l

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spreading malicious rumours, or insulting someone (particularly on the grounds of race, sex, sexual orientation, age, or religion or belief); copying memos that are critical about someone to others who do not need to know; ridiculing or demeaning someone – picking on them or setting them up to fail; exclusion or victimization; unfair treatment; overbearing supervision or other misuse of power or position; unwelcome sexual advances – touching, standing too close, display of offensive materials; making threats or comments about job security without foundation;

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deliberately undermining a competent worker by overloading and constant criticism; preventing individuals progressing by intentionally blocking promotion or training opportunities.

The above examples may not only manifest themselves in face-to-face situations. They may also surface as written or other forms of communication (e-mail, phone, etc).

RIGHTS AND RESPONSIBILITIES The whole notion of equal opportunities enshrines a person’s right to be treated with dignity and respect and to be treated fairly and without discrimination. That said, it is also worth considering that rights also come with responsibilities. In terms of the workplace, employers have responsibilities towards their employees, but so do employees have responsibilities towards both their colleagues and their employers. Pause for thought l

On the assumption that you agree that rights and responsibilities do go hand-in-hand, what examples can you think of where people have asserted their rights to the detriment of their responsibilities?

The issue of people’s rights and responsibilities is never far from the political agenda and was an issue of much discussion during the general election campaign of 2005. The major thrust of the argument was that some people claim their rights when they are in fact in breach of their legal if not moral responsibilities. We do not take a particular political view, but the fact that the debate is raised means that it is something that should be worthy of consideration. The focus on the rights of employees and the responsibilities of employers which is enshrined in the legislation is, in our view, entirely right and proper. Having said that, it is also important to note that equal opportunities are not a one-way street and that employees have responsibilities too. Some of those responsibilities might include:

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Notifying an employer of a disability or new disability to enable the employer to carry out their responsibility to make reasonable adjustments. Complying with organizational policy on equal opportunities, diversity and anti-discriminatory practice and bringing to notice instances where this is not happening. Strict compliance with Health and Safety policy and regulations. Challenging inappropriate behaviour where necessary or bringing such behaviour to the attention of a manager. Supporting efforts by employers to eradicate discrimination where it occurs in the workplace and challenging cynicism or apathy amongst coworkers. Supporting your company or organization’s equal opportunities policies and equality schemes and encouraging other staff to do the same. To walk-the-talk, in other words make equal opportunities, fair treatment and anti-discriminatory practice part of who you are, what you do and how you do business.

WORK–LIFE BALANCE Let’s start this section with a question: Pause for thought l

Do you live to work or work to live?

This question draws directly on UNISON, the public service union’s campaign for work–life balance. The campaign ‘is a response to the changing working environment, the increasing pressures – both in and outside of work – on workers, the escalating expectations of employers and the expanding demands on public services’ (UNISON 2005:1). Having arrangements in place to enable a better balance between work and other commitments should, according to UNISON, assist: l l l

both mothers and fathers to care for their children; those with caring responsibilities for older or disabled people; employees to undertake study or training;

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disabled people to access work; workers to pursue interests outside of work; and people to play an active role in their local communities.

The Department for Trade and Industry (DTI) (2004b) is also actively promoting the idea of work–life balance. In a guide published for employers it claims that the business benefits for employers who encourage work–life balance amongst their staff can be numbered among: l l

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motivation of staff, including staff loyalty and greater f lexibility; savings on recruitment costs through increased retention and therefore reduced direct recruiting and training overheads; reduction in staff turnover, which is not just an issue of direct recruiting and training costs, but is also an issue of loss of expertise and continuity; reduction in absenteeism – due to reduction in stress levels and also reductions in instances where people need to absent themselves in order to manage their lives; attraction and retention of a talented workforce: generally speaking, people want to work for organizations where the working arrangements are f lexible; improved customer service – particularly in a fast-changing economic and social context where customers demand access to goods and services outside of the traditional 9–5 office hours.

Why is work–life balance an equal opportunities issue in the workplace? It is said that British workers on average work the longest hours of any European country. We have found that there is an enduring culture in many organizations where people are judged by their willingness to work excessive hours, and where those who either cannot or choose not to are considered to be less committed in some way. Such cultures are inherently unfair and often go beyond what may be considered reasonable expectations on people. People cannot be treated fairly if they are judged on criteria that are either outside of their control or because they consider that their life outside of work is equally important to them.

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KEY POINTS IN THIS CHAPTER l

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We have considered the shape of the workforce in the UK and noted that the data reveal a number of areas where there is still a concern for the equality of opportunity. We considered some of the key human resource management processes and found that in most respects they have implications for equal opportunities and fairness. We noted that many organizations have performance management schemes and that these need to be implemented in such a way as to ensure fairness and equity for those involved. We considered bullying and harassment as two examples of workplace behaviour that amount to unfair treatment and in some cases may amount to direct discrimination. We noted that both employers and employees have rights and responsibilities in relation to the maintenance of equal opportunities.

PERSONAL ACTION PLAN Ref lect on the issues in this chapter by answering the following questions: l

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In what workplace issues of equal opportunity do I have an involvement? To what extent have I thought through what my responsibilities are in relation to equal opportunities as well as my rights? What changes, if any, do I need to make to ensure that I am not putting up any barriers to equal opportunity in my own workplace? To what extent do I regularly review my own working practice to ensure that it is fair and compliant with good practice in equal opportunities?

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Chapter 9 Institutional Discrimination One of the key debates in equal opportunities as we entered 2000 and beyond was that generated by the public inquiry into the murder of a young black student named Stephen Lawrence and the publication of The Macpherson Report in February 1999, which disclosed its findings. The police were severely criticized for the way that they had handled the investigation into Stephen’s death. A central finding of the inquiry was that the police had been ‘institutionally racist’. The conclusions of the Stephen Lawrence inquiry concerning institutional discrimination have consequences for all of our large institutions such as education, health, social services and housing as well as for the police themselves. Because of the fundamental importance of institutional discrimination and its impact on our society, we have devoted a separate chapter to it in order that the issues it raises can be examined in detail. By the time you have finished reading through this chapter we hope you will: l

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have gained a background knowledge of The Macpherson Report (1999) and some of the key issues it raised; be able to define the terms ‘institution’, ‘institutional racism’, ‘sexism’ and ‘discrimination’; be able to explain why the concepts are important for organizations and individuals committed to fairness and equality of opportunity; have thought about the implications for you and your own institution or organization.

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THE STEPHEN LAWRENCE INQUIRY Stephen Lawrence was a young black man who was murdered in a racist attack in south London on 22 April 1993. No one has ever been convicted of his murder, but pressure from his parents eventually led to a public inquiry, chaired by Sir William Macpherson. A whole range of criticisms of the police investigation into the teenager’s death were made during that inquiry, but it was the identification of the part that institutional racism had to play that attracted most attention. The report was published in a blaze of publicity and made 70 recommendations ranging from increased openness, accountability and the restoration of confidence in the police, to the prevention of racism through the role of education. The Macpherson Report (chapter 46, paragraphs 25–28) concluded that there had been a ‘catalogue of errors’ (p. 321) that could only be accounted for in terms of something more than just incompetence on the part of the individuals involved. Institutional rather than individual racism was given as a key reason for the failure of the investigation. The police service was not alone in this, and a broader view was taken. As Macpherson observes: We do not accept that a finding of institutional racism within the police service means that all officers are racist. We all agree that institutional racism affects the Metropolitan Police Service, and Police Services elsewhere. Furthermore, our conclusions about Police Services should not lead to complacency in other institutions and organisations. Collective failure is apparent in many of them, including the Criminal Justice System. It is incumbent on every institution to examine their policies and the outcome of their policies and practices to guard against disadvantaging any section of our communities. (Macpherson, 1999: 321)

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These were some of the problems the report identified as suggesting that institutional discrimination had taken place: l

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insensitive and racially stereotypical behaviour at the scene of the murder leading to false assumptions being made; lack of family liaison and a failure to look after people according to their needs; failure through racial stereotyping to treat people properly as victims; refusal to accept that the crime being investigated was a racial murder; officers engaged in the investigation allowing their negative attitudes to inf luence the work they were doing; the use of inappropriate and offensive language.

You will notice that many of the problems identified by the report are themes we have covered throughout this book. These include the way stereotyping leads to assumptions about people who are different to us; inappropriate use of language that leads to offence and suggests racial prejudices and also the way that racist attitudes affected behaviour. The report pointed out that none of these things, in its view, resulted from the overt application of discrimination and disadvantage. The racism shown was unwitting (in the chapter on racism we raised the issue of unintentional racism). Although these instances of unwitting racism relate directly to a specific police investigation, it is not hard to draw parallels with other organizations and institutions.

Myth ‘Institutional racism is a problem that only manifests itself in policing.’ Myth-buster The police service never seems too far from the headlines when its relations with minority groups are concerned. Given the media coverage this generates, you could be forgiven for thinking that policing was the only institution guilty of institutional racism. This is not so. Macpherson (1999) notes that ‘collective failure’ in relation to institutional racism is apparent in many other organizations. Later in this chapter you will encounter examples from housing, education, social service provision, and provisions and facilities for disabled people.

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We will return to this later in the chapter when we consider the impact all this may have on equal opportunities generally.

INSTITUTIONAL RACISM, SEXISM AND DISCRIMINATION – THE THEORY A surprising feature of the debate about institutional racism was that many people seemed to speak as if the concept was new and that it had somehow been invented as a political weapon with which to undermine organizations such as the police. In fact, the notion of institutional racism has been around for many years. The Metropolitan Police were themselves teaching the concept as part of their Human Awareness Programme in the early to mid-1980s. This section is about definitions and, as we will see in a moment, words do matter because it was the meanings that people were assigning to the words that caused a great deal of difficulty in finding common ground.

The meaning of ‘institution’ As it transpired (see below) The Macpherson Report did not actually use the word ‘institution’ in its final definition. But many people, including the media still talk about ‘institutional racism’ or ‘institutional discrimination’, so it is important to know the range of meanings that the word has. Generally speaking, the word ‘institution’ refers to a set of social practices that are regularly and continuously repeated so that they become formalized as the accepted way of doing something. They are the arrangements that a society develops to manage the daily lives of its members. These arrangements will include arrangements for policing, for dealing with people’s health, for education and many others, including housing, social services, justice and so on. A single hospital would not be an institution, whereas the total system for delivering healthcare in this country and the way that this system is arranged and operates day-by-day certainly would be. It is the way in which such a service is arranged that can give rise to disadvantage and discrimination, despite the best efforts of the individuals within it. These arrangements are complex, with systems of specialist personnel and support staff, technical words and phrases, systems of communication and set ways of seeing and solving problems, all of which have evolved over a long period of time. For example, policing in its current form is over 170 years

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old. These set ways of seeing and solving problems haven’t always kept pace with changes in our diverse culture and may not always meet the needs of some members of our community; it is here that disadvantage and discrimination at an institutional level can occur. In the case of Stephen Lawrence, the existing ways of solving his murder gave no account of the racist nature of this crime, and the ways in which officers had been taught to view, to investigate and to solve murders failed to take proper account of this crucial dimension. Pause for thought To a greater or lesser extent you will be involved with all the types of institution noted above at some time or other. l

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First of all, think of specific institutions in one or more groups that you may be involved with. You could start with locating your job or main role in one of the groups. Example: ‘I am a nurse – my institution is health.’ Now try to think of some examples of the practices in that institution which you can identify as being regular and continuous. Example: ‘We provide primary healthcare services to people – we do this by running the clinic, admitting people to hospital for operations and after-care.’ Hold these in your thoughts or make a note of them because later in the chapter you will be challenged to examine them for evidence of institutional discrimination.

So when we think about institutional discrimination, we are really focusing on the ways in which sets of accepted practices (typical ways of doing things within an institution) and norms (typical ways of thinking and behaving within an institution) create instances of disadvantage by discriminating against people or groups of people. Of course, all of these institutions are composed of individuals but it is not, in fact, the individuals who are the focus here, but the norms and practices of the institution. This is a very important point which, if not understood, can lead to the myth below.

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Myth ‘If an organization is labelled institutionally discriminatory, then everyone in the organization must be intentionally discriminating.’ Myth-buster One of the main obstacles to a rapid acceptance by the police of the label ‘institutionally racist’ was the inference that it necessarily meant that every individual in the police was racist. However, by thinking about the nature of institutions, we have seen that this is not the case. Senior police officers were faced with a dilemma. If they admitted institutional racism they risked losing the confidence of individual officers who considered that they were doing their best to promote equal opportunities in the police, but misunderstood what institutional discrimination meant. If they refused to accept the label they would seem to have failed to heed the lessons coming out of the Stephen Lawrence inquiry. In the event, Macpherson (the judge who chaired the inquiry) offered a definition of institutional discrimination which Sir Paul Condon (then the Commissioner of the Metropolitan Police Service) was able to accept and endorse publicly, as did a number of other Chief Constables.

Institutional racism The Stephen Lawrence inquiry gave rise to an intense debate about the notion of institutional racism. A key reason for the fierceness of the debate arose from the fact that the police, as an institution that enforces the law, hold a lot of power. We have already seen earlier in this book that where individuals who can exert power over others have prejudices that affect their actions, discrimination can result. This is just as true for institutions. Where a powerful institution maintains prejudicial arrangements, discrimination can and does occur.

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Pause for thought We have spoken a lot about the police as an institution, but other institutions also have power over aspects of people’s lives. Choose two institutions from the following list and consider what power they may have over you at some time in your life: l l l l l

education; health; politics; housing; social services.

In the chapter on racism we suggested that racism arises when a person or group of people are discriminated against on the basis of their ethnicity. When we talk about institutionalized racism, we mean that a person or group of people become discriminated against on the basis of their ethnicity as a result of the arrangements and accepted practices within an institution. An example of a discriminatory practice within an institution would be if a local authority housing department were to require all ethnic minority families to produce their passports when applying for a council property to prove they were British citizens, but did not make that same requirement for white families. The report that resulted from the public inquiry into the murder of Stephen Lawrence has created a new and detailed definition of what institutional discrimination is. By doing so, they hope to encourage all large institutions to examine their existing arrangements to ensure that they meet the needs of all members of the community and promote fairness and equality. The report defines institutional discrimination as arising from: The collective failure of an organisation to provide an appropriate and professional service to people because of their colour, culture or ethnic origin. It can be seen or detected in processes, attitudes and behaviour which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness and racist stereotyping which disadvantage minority ethnic people. (Macpherson, 1999, para. 6.34, p. 28)

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It is worth looking at some of the key words of the definition in a little more detail: l l

l

l

l

l

The failure is ‘collective’ rather than individually focused. An ‘appropriate service’ seems to suggest the need to meet people’s individual needs. This failure on account of ‘colour, culture [and] ethnic origin’ are all factors which make racism apparent. It is clear that the same could equally apply to women, members of the gay and lesbian community, people with disabilities and other groups who regularly experience prejudice and discrimination. ‘Seen or detected’ seems to include the subtle as well as the obvious application of discrimination. ‘Processes, attitudes and behaviour’ is interesting because the first relates to how the organization is, but the latter two refer to the way individuals are. These amount to. . . ‘Discrimination through unwitting prejudice, ignorance, thoughtlessness and racist stereotyping’. It is not immediately clear from the definition whether it is just the prejudice that is unwitting and that the thoughtlessness, or racist stereotyping are more purposeful. However, the overall context of Macpherson’s report suggests that it is meant that all the acts mentioned are taken as unwitting.

Pause for thought l

If a person does something unwittingly – how much responsibility can they be expected to bear for their actions?

INSTITUTIONAL DISCRIMINATION – THE APPLICATION

Implications for policy and procedures The key criticisms of the police investigation into Stephen’s death included: l l l

insensitive and racially stereotypical behaviour; failure to keep in touch with Stephen’s family and to seek their views; failure to look after people according to their needs;

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l l

l

failure through racial or sexist stereotyping to treat people properly as victims; refusal to accept that the problem was racially motivated; people allowing their negative attitudes to inf luence the work they were doing; the use of inappropriate and offensive language.

Now look at these criticisms in the light of some of the activities that all institutions undertake. Think about how such racism might arise if these activities contained forms of discriminatory practice: l l l l l l l l l

recruitment of personnel; selection of personnel; retention of personnel; promotion opportunities; development opportunities; delivery of services or goods; the processes of your organization; training in your organization; morale in your organization.

Looking at your own organization or institution In most, if not all of these areas of activity, your organization or institution will have policies and procedures. In order to avoid institutional discrimination it is important that all of these policies and procedures are examined closely for one of four things: 1. Do any of the policies and procedures directly discriminate against a particular group? An example would be selection criteria that could not be justified as a genuine occupational qualification and which operates directly to exclude certain people. 2. Do any of the policies and procedures indirectly discriminate against a particular group? An example would be performance criteria that would effectively exclude people who had responsibility for children. 3. Do your policies and procedures have checks and balances to enable the identification of the operation of an individual’s under-performance in terms of equal opportunities? For example, if several people were involved in selection for promotion, do you have sufficient data to enable you to

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identify trends with individual selectors, so that if one of them was excluding say, women, you would be able to pick that up? 4. Do the stakeholders (the staff, managers, directors) in your institution have confidence in your policies and procedures and are there mechanisms for legitimate complaints and grievances to be made and mechanisms for such complaints and grievances to be properly investigated and dealt with?

Institutional discrimination – some applied examples In this chapter, our discussions on institutional discrimination have largely focused on the issues arising from the Stephen Lawrence inquiry. This inquiry was primarily concerned with the impact of racial discrimination. But this book is not just about racism and we need to bear in mind that other people and groups of people may at times be on the receiving end of discrimination that arises out of the very nature of an institution or organization. It is nearly always unintentional in the sense that it is not a deliberate published policy, but nevertheless has the effect of discriminating systematically against some sections of society. In some cases, this systematic discrimination is quite literally built in to the environment. Pause for thought Why do so many disabled people we meet tell us that it is not their disability that disables them but the environment in which they have to live? l

l

If you are not a wheelchair user, imagine you are, and think of a regular journey you make; to work, the theatre, the gym, the shops or wherever. How would you do the journey if you were in a wheelchair? In your mind, start with your front door and go through the trip in detail. If you are a wheelchair user, think about how you have to plan a trip. How easy is it to find out what you need to know? How often do you have to give up because it is just impossible? In your experience, have things got better or worse in respect of the built environment?

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Implications for personal and organizational growth A professional quality organization or institution will always be on its guard against the problems of institutional discrimination that we have outlined in this chapter. Among the many working arrangements that may have to be examined for discriminatory bias, whether on the basis of ethnicity, gender, sexuality or disability, will be those for: l l l l l l

l

l l l

l l

l l

l l

recruitment; training; promotion; appraisal; allocation of roles, tasks and projects; working terms and conditions (including employment contracts and shift patterns); pay and other remuneration (including pension provisions and share options); transfer and relocation policies (including tenure policies); access to buildings and work areas; adjustments to working environments (Disability Discrimination Act 1995); provision of equipment and support material to staff; annual and other forms of leave (including maternity/paternity, sickness, compassionate and study leave); arrangements for part-time, job share and career break opportunities; access to goods and services offered or managed by the organization or institution; methods and policies of service delivery; complaints and grievance procedures (including the termination of employment procedures and policies).

You will notice from this list that some functions and arrangements are internal to an institution or organization and apply to the people that comprise its staff, whilst others relate to contact with the customer or client. Irrespective of whether arrangements are internal or external, they need to be examined for their potential to create disadvantage or discrimination. Implicit within the Macpherson definition are statements about potential goals of equal opportunities training, such as addressing attitudes as well as behaviour, raising awareness and raising levels of knowledge. An acceptance

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of institutional racism or discrimination can actually help to inform not only the goal of such training, but also its scope and content. Training should be inclusive of all members of an organization. Each individual needs to be clear that they have a vital role to play in the eradication of discrimination within their own organization because each is bound up in the practices and procedures it follows. Not everybody makes policy or sets practice, but everybody has the power to question or challenge that policy or practice if they believe it to be discriminatory. ‘Collective failure’ is a challenge to everyone in an institution or organization. It requires everyone to look within themselves at their own attitudes and behaviours, and outside themselves at the things they are required to do and the way they are required to do them. By doing this, they can identify ways in which they may be contributing to institutional discrimination. It takes courage to admit the possibility. Recommendations from The Macpherson Report have led to an amendment of the Race Relations Act. The new Race Relations Amendment Act of 2000 places a responsibility on all public bodies, including government, the police, education, health and social services to proactively eradicate racial discrimination and to ensure existing and new policies promote good race relations. See Chapter 11 for more detail on this new legislation.

KEY POINTS IN THIS CHAPTER l

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A major debate in equal opportunities in 1999 centred on the notion of institutional racism and institutional discrimination. The Macpherson Report (published February 1999) identified a catalogue of errors in the police handling of the investigation into the death of Stephen Lawrence. Much of this was attributed to institutional racism. The report made 70 recommendations. Institutions were defined as sets of social practices and arrangements that shape and direct the way people within those institutions think and behave. The new definition of institutional discrimination provided by The Macpherson Report sets new standards for institutions and large organizations. The concept of institutional racism and/or discrimination has a number of consequences for organizations and individuals alike. These range from recruitment to morale.

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Institutional racism is not a phenomenon restricted to the police; examples may be drawn from education, housing and social service provision as well.

PERSONAL ACTION PLAN Try answering the following questions: How will the things I have learnt in this chapter change the way I think and act towards others who are different to me? What has this chapter helped me to learn about myself with regard to: l l l l l l l l

my beliefs; my attitudes; my values; my knowledge of others; my behaviour; my use of language; my responsibilities; the way I see the world?

How do I need to change in order to become: l l l l l l

fairer; more sensitive; more understanding; less prejudicial; less discriminatory; more able to deal with people according to their needs?

If I were to change one thing about the way I act as a result of reading this chapter what would it be?

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Chapter 10 Religion, Faith and Belief After you have read this chapter we hope you will have a better knowledge of: l l

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why religion, faith and belief plays an important part in equal opportunities; the principal secular and religious festivals celebrated throughout the year; the main religions you will come across in this country and how you can be more sensitive to their followers; and systems for naming children which are used by certain religious groups.

WHY INCLUDE A CHAPTER ON RELIGION? To some of you, it might seem strange to find a chapter about religion in a book on equal opportunities. But if you think about it, all religious groups in this country are minority groups, and as such they have the potential to be subjected to the same discrimination and unfairness as other minority groups. Indeed, in recent years there have been a number of equal opportunities cases which have had to do with the religious beliefs of the victim. There are a number of other reasons why it is important to include some information about religions: l

Modern communications have led to the evolution of the idea of the global village. Events around the world are often reported live, and affect the way people here feel or behave. Such events often have their roots in religion. For example, the Gulf War of early 1991 and the terrorist attacks in America on 11 September 2001 have led to many false stereotypes about Muslims.

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Your own knowledge of the issues will help you to better understand why some things happen, and therefore to undertake your role with greater sensitivity to the people concerned. Religious beliefs are commonly very deeply held and as such are an area where ignorance of a person’s belief or customs can often lead to offence. We have stressed throughout, that treating people fairly can be partially achieved by being more sensitive to them as individuals. Greater understanding of a person’s religious belief and the strength with which they believe it is an essential ingredient of this. We argued earlier that one of the roots of prejudice is ignorance. For many of us, even a scant knowledge of the major world religions is lacking. In the sections that follow we hope you will at least be introduced to some of the major themes. Remember that, as always, you will be able to find exceptions to the rule. Our notes about the religions are brief and not intended to be all you would ever need to know. We do hope, however, that you will get the basic facts and that your interest in reading further will be stimulated.

RELIGION, EQUAL OPPORTUNITIES AND FAIRNESS In recent years religion and religious issues have taken a more prominent position in the whole area of equality of opportunity and fairness. Two examples of recent events illustrate this. On 11 September 2001 the twin towers of the World Trade Center in New York were one of the targets attacked by a group of terrorists. The subsequent ‘war on terrorism’ in which the UK has played a prominent role, has drawn enormous attention to Islam as a religion and given rise to a phenomenon known as ‘Islamaphobia’ – the fear of or hatred of things to do with the Islamic religion. Cox and Marks (2003: 1) note that ‘there are over a billion Muslims in the world today. The vast majority of them lead lawabiding lives and live peaceably with their neighbours, including those of other faiths. In many countries and cultures, they are respected for their hospitality, generosity and graciousness’. The problem for equal opportunities and fairness however, is that when all the other mechanisms of prejudice, labelling and particularly stereotyping come into play this can lead to false and unfounded assumptions that because some individuals and groups claim to be operating on behalf of their religion (in this case Islam, but there are other examples) then all members of that religion may be

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considered as doing the same. So the phenomenon of Islamaphobia comes to the fore. Such has been the development of religious discrimination that employment equality law has been bolstered by the Employment (Religious Belief) Regulations 2003. The second example is the appointment of an openly gay Bishop (Gene Robinson) in the Anglican Church in the United States which has caused a huge and acrimonious debate within the Anglican Communion worldwide. It is not our purpose to debate the issues raised but simply to note that homosexuality as an issue for the Church is also an issue that has led to an increasing recognition of the discrimination that gay men and lesbians experience in society at large. So, just as with religious belief, 2003 saw the implementation of the Employment (Sexual Orientation) Regulations which outlawed discrimination in employment on the grounds of sexual orientation. Greater understanding of the nature and depth of religious belief is undoubtedly now a key feature of achieving the type of fairness that has been a theme in the previous chapters of this book. In the sections that follow, we provide a brief overview of some of the key tenets (core ideas and beliefs) of the major religions. The purpose of this is simply to give a f lavour of some of the key points and the reader is invited to follow up with further reading as necessary. Chapter 11 gives some useful websites that will assist this.

Key issues Religion, faith and belief is now one of the six main strands of diversity for which there is a legislative framework and which remains an area on which progress still needs to be made to ensure that all people are treated fairly and have equality of opportunity in both the workplace and also in society at large. It is worth noting that the definition of religion, faith and belief is broad and in fact covers people with no particular religious or faith belief. So it is wrong to discriminate against someone on the grounds of what they do not believe as much as it would be to discriminate against someone on the grounds of what they do believe. Having said that our main focus is the need to treat people fairly and to tackle the discrimination that people face, on the grounds of their religion, belief or faith. Table 10.1 below gives an overview of some of the practical areas that need to be taken account of to ensure that people are treated fairly in relation to their religion or belief.

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Table 10.1 Areas to be considered to fair treatment in relation to religion or belief The law Human Rights Cultural Practices

Religious festivals

Spiritual needs

Dress codes

Dietary requirements

Specific discriminations Language Names Humour

The Employment Equality (Religion and Belief) Regulations 2003 Article 9 and Article 14 of the European Convention on Human Rights For example: l customs surrounding death and funerals l head covering l removal of shoes in holy places The need to take account of festivals which have great significance for people from different religious groups (not merely the major Christian festivals) The need for example to provide facilities for prayer Access to holy texts (such as when a person is in custody) The need to consider whether a particular dress code will impact adversely on a particular religious group Some religions have strict dietary requirements: are these taken account of in catering arrangements made? Such as Islamophobia, Christianophobia, Anti-Semitism The need to excise offensive language aimed at religious groups The need for awareness of different naming systems The need to excise humour which may stereotype, offend or denigrate particular religious groups

Some of the issues that are raised in Table 10.1 are dealt with later in this chapter. In this section we will brief ly consider some of them in a little more detail.

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The law The Race Relations Act 1976 gave protection to racial groups and some of those groups could be equated with a particular religious belief system such as Jewish people and Sikhs. For other religious groupings such as Muslims and Christians there was no similar protection because membership of those religions did not depend on a particular birth heritage or national identity. The law is now much wider in scope and offers protection from discrimination to many more people of whatever religious affiliation. For example a number of criminal offences may be aggravated in their severity if it can be shown that the motivation was hatred towards a person from a particular religious background. The Employment Equality (Religion and Belief) Regulations of 2003 made it unlawful to discriminate against someone in employment terms as well as victimization or harassment on the grounds of religion or belief. ACAS (2005b) have produced a useful guide for employers and employees on religion or belief in the workplace which is available on the web. In terms of direct discrimination, people who work, or apply to work for an organization must not be discriminated against on the grounds of their religion or belief (or lack of it). Such discrimination would only be allowed in law if there were demonstrable reasons why adherence to a particular religion or belief system was a genuine occupational requirement for the job. Such a requirement would need to be notified at the advertisement stage and could nevertheless still be challenged in an Employment Tribunal by a prospective candidate if they believe that there is no genuine requirement and they were therefore prevented from applying. Good employing organizations will make sure that religion and belief, as areas for potential discrimination, are built into their equality policies and that all members of the organization are made aware that discrimination, victimization and harassment on grounds of religion or belief are not acceptable. This may be communicated in a number of ways including training people in their rights and responsibilities. One thing that Employment Tribunals will take into account when hearing a case that has been brought by someone who has been a victim of discrimination, victimization or harassment is the steps that an employer took to outlaw such discrimination.

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Human rights The European Convention on Human Rights to which the UK is a signatory specifically guarantees freedom of religion and that all rights under the convention should be secured without discrimination on the grounds of religion.

THE MAJOR RELIGIONS All of the major religions celebrate festivals and have special times of religious significance. A knowledge of these will help you be more sensitive when others are celebrating or ref lecting on their deeply held beliefs. Figure 10.1 gives a selection of festivals which you might come across. We have included some secular (non-religious) festivals as well to help put the others in context.

A note on naming systems If you are involved in a job which requires you to read or record names of other people you will know of the huge variety there are and that the same system for constructing them is not always followed. An understanding of the way names are made up is likely to improve both the efficiency of your recording, and the courtesy with which you do it. An obvious example of the courtesy issue would be that of asking Muslims, Jews, Hindus, Sikhs or Buddhists for their Christian name. They simply haven’t got one! Several of the following sections contain information about the naming systems followed by that religion, with some examples of common names.

Buddhism Founded about 2,500 years ago by Prince Siddhartha Gautama, who lived from about 463 to 483 BC in north-east India. He was known as Buddha, which means ‘Awakened One’.

Concept of God Buddhists do not believe in a creator God, nor do they worship gods. Their fundamental aim is to reach a state of Nirvana, or bliss, which is achieved through enlightenment and improvement through following the Eightfold Path (see below), with the help of Buddhist monks.

Dragon Boat festival

June 5th

Raksha Bandhan, Hindu festival Chinese Kite Festival Ganesh’s Birthday, Hindu festival Rosh Hashana, Jewish festival Yom Kippur, Jewish festival Harvest Festivals United Nations Day Diwali, Hindu festival of light Hallowe’en All Souls’ Day Guy Fawkes Night Shichogosan, Japanese feast day Guru Nanak’s, Sikh festival American Thanksgiving St Andrew’s Day in Scotland Festival of St Nicholas Hanukkah, Jewish festival of light Christmas Day Boxing Day, St Stephen’s Day Hogmanay in Scotland

August Early September 1st–9th Early Sept Mid–late Mid–late October c. 15th 24th Late Oct–Nov 31st November 2nd 5th 15th Mid Last Thursday 30th December 6th Mid 25th 26th 31st

Ramadan, Islamic holy month of fasting and abstinence

Independence day, USA Tanabata, Japanese star festival St Swithin’s Day Janmashtami, Hindu festival

July 4th 7th 15th July–Sept

Variable

Father’s Day Midsummer’s Day

c. 14th 21st

A selection of secular and religious festivals throughout the year

May Day Wesak, Buddhist festival Whitsun, Christian festival Shavuot, Jewish festival

May 1st Late May–June Late May–June Late May–June

Figure 10.1

Baisakhi, Sikh festival St George’s Day in England

St David’s Day in Wales St Patrick’s Day in Ireland Holi, Hindu New Year Pesach, the Jewish Passover Easter, Christian Good Friday and Easter Sunday

TuB’Shvat, tree planting in Israel Candlemas Day Setsuban, start of spring in Japan Festival of Lanterns Mardi Gras/Carnival Purim, Jewish festival Shrove Tuesday/Pancake Day, beginning of Lent Hola Mohalla, Sikh festival

New Year’s Day (Gregorian Calendar) Oshogatu, New Year in Japan Twelfth Night Festival of St Anthony Chinese New Year Burns Night Saraswati Puji, Hindu festival in India

April 13th 23rd

March 1st 17th 22nd Late March–April Late March–April

Late Feb–March

February 2nd 2nd 3rd 4th Feb–6th March 7th Feb–9th March Late Feb–March Late Feb–March

January 1st 1st–3rd 6th 17th 21st Jan–20th Feb 25th Late Jan–early Feb

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Holy writings There are a number of sacred books called the Pali Canon, and a vast collection of sacred writings in Sanskrit, Tibetan and Chinese. One of these, ‘The Way of Virtue’ is learnt by heart by some Buddhists.

Major prophets Gautama, the son of a north Indian ruler, was brought face to face with suffering and began looking for answers. Under the Tree of Enlightenment he found answers to the problem and became a Buddha, or Enlightened One. He expounded four noble truths: l l l l

Suffering is a part of life. Suffering is caused by desire, or selfishness. Suffering will end if selfishness is destroyed. The way of destruction of suffering is the Eightfold Path. By following the Eightfold Path it is possible to reach the state of bliss known as Nirvana.

The Eightfold Path Consists of: l l l

l l l

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Right understanding: to see life as it is. Right thought: a pure mind, free from lust, ill-will or cruelty. Right action: no killing, stealing, adultery, but positive action: love, charity, generosity, honesty, etc. Right vocation: an occupation which harms no one. Right speech: free from falsehood, harshness, frivolity and slander. Right effort: prevent new evils and expel old ones, seek good and maintain existing good. Right mindfulness: concentrate to become aware of truth about the body, mind, feelings and thoughts. Right concentration: meditation to understand the impermanence of things.

Principal festivals Central to the Buddhist celebration days are the anniversaries associated with their founder Gautama, his birth, enlightenment and death. Mahayana is the anniversary of the day on which Gautama became enlightened.

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Sakyamuni celebrates his birth, and Parinirvana the time when he slipped into a state of restfulness or bliss. All three events, according to tradition, happened to fall in the lunar month of Vaisakha (April–May). This is the time for the festival known as Wesak. In this three-day celebration buildings are decorated with f lowers and lanterns, rows of candles are lit, and people gather for meditation in their homes and in the shrine rooms of the temples.

Places of worship As noted above, Buddhists do not worship a god, but do have pagodas, stupas, or temples, which they may visit.

Practices and symbols Buddhists may have a shrine in their home with a small image of the Buddha, and may sit crossed-legged before it whilst meditating. During times of festival, f lowers are offered to the Buddha, presents are exchanged and gifts given to the poor.

Dietary needs Buddhists are almost always vegetarian.

Christianity Founded about 2,000 years ago by Jesus Christ, who lived from about 7 BC to AD 30. Since the Early Church of the first century there have been a number of branches of Christian tradition. The Eastern Orthodox Church is mainly represented by the Greek, Russian, Syrian, Armenian and Coptic churches. The western catholic tradition, which divided from the orthodox tradition, further split at the Reformation into Roman Catholics and Protestants. Protestants are mainly made up of the Lutheran, Reformed, Presbyterian, Pentecostal, Episcopal, Baptist, Methodist and other free churches.

Concept of God God is a trinity of three persons in one: Father, Son (Jesus Christ), and Holy Spirit. In most (but not all) strands of Christianity they have equal, divine status.

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Holy writings The Bible (Old and New Testaments).

Major figures Include such names as Moses, Isaiah and John the Baptist. The teachings of the apostles St Paul, St Peter and St John have been very inf luential in the development of Christianity.

Principal festivals Christmas The birth of Christ. With all the commercial trappings associated with Christmas, it has become almost a secular festival and much of the meaning which it has for Christians has become submerged. Easter Remembering the death and celebrating the resurrection of Jesus Christ. Good Friday and Easter Day occur during late March or early April. For many Christians Easter is the central festival of the Christian calendar, and takes the form of a joyous celebration of the new life of Jesus after his death on the cross. Whitsun, six weeks after Easter celebrates the coming of the Holy Spirit.

Practices and symbols The symbol of the cross is particularly significant for Christians and in the past decade the ancient sign of the fish (originally used as a secret sign when Christians were facing persecution) has seen a resurgence. The letters in the Greek word for fish each stand in Greek for ‘Jesus Christ Son of God, Saviour’. Holy communion, eucharist or mass is central to the worship of most Christians, and baptism, whether of infants or adults, is a feature of nearly all the Christian traditions and denominations.

Holy places Many Christians regard some of the sacred sites in Israel, particularly Jerusalem, as being of special significance, such as the site of Jesus’ crucifixion and resurrection.

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Places of worship Christians normally worship in church buildings, which can range in style and grandeur from St Paul’s Cathedral, Westminster Abbey or Westminster Cathedral to much less grand structures, or even small halls in urban, suburban or rural areas. In recent years so-called ‘house churches’ have been growing up, and these often meet in places other than church buildings.

Dietary needs Generally no dietary restrictions, although some Christians associate Friday with eating fish, and others impose self-restriction in terms of diet during the period of Lent (the six weeks leading up to Easter).

Naming systems Generally speaking there is a strong link between religious background and names. There is a remnant of this in the use of the term ‘Christian name’, which relates principally to the name given to a child at baptism, and is often used even when the person does not claim any particular allegiance to Christianity. In fact, many Christian names are drawn from historical Judaism as well as from names developed after the time of Christ. David, for example, was the name of one of Israel’s greatest kings.

Other features l

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Most Christians find the use of the names Jesus and Christ as swear words to be very offensive. The basic philosophy of most Christians was summed up by Jesus in his teaching: ‘Love the Lord your God with all your heart, and with all your soul and with all your strength; and love your neighbour as yourself.’

Hinduism Hinduism is the name given by Europeans to the main, and most ancient, religion of the people of India. It has such a wide variety of practices and beliefs that the following information cannot do more than scratch the surface and indicate some of the more common features of the religion.

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Concept of God God is many deities. The supreme reality, called Brahman, is an impersonal being, neither male nor female. The three chief gods are Vishnu, the preserver, Shiva, the destroyer, and Brahma, the creator. Vishnu is often worshipped in the form of his incarnations, Krishna and Rama. The consort of Shiva, the great goddess Mahadevi, is often worshipped under many other names.

Holy writings Bhagavad-Gita, the most popular and revered of the Hindu sacred books.

Major figures Sri Ramakrishna (nineteenth century), Swami Vivekanada (Hindu reformer), both of whose birthdays are celebrated.

Principal festivals The large number of gods involved in Hinduism means there are many festivals and celebrations. Diwali This is a festival of new year and new beginnings for the Hindu. It has light as a theme, representing the triumph of good over evil. Fireworks and extra lighting on houses are a feature of Diwali. The celebrations cover a five-day period. Holi A festival of celebration, singing and happiness, with street dancing, processions, and wearing bright clothes. Part of the celebration may include the spraying of coloured water or powder on one another. This recalls the traditional stories of when Lord Krishna’s cowherds smeared red powder on each other. It’s also just good fun! Saravasti Saravasti is the goddess of crafts, music and learning. At this festival she is worshipped by the placing of symbols of learning in front of her image. Prayers are particularly offered by those about to take examinations.

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Practices and symbols The practice of yoga has an important place in Hinduism. Through yoga, a person grows to understand the inner self by intensifying consciousness, and peace can be attained.

Holy places The River Ganges in India has a particular significance for Hindus.

Places of worship In India, Hindu temples are usually places where the priests serve the gods on behalf of the people, who make only occasional and individual visits to the temple. Daily worship is offered in the home, and only at times of festival do the temples become focal points of congregational worship. Hindus in Western countries still worship mainly at home, but as a result of the stricter division of work and leisure time in such countries and the need for mutual support in an alien culture, more emphasis is placed on regular congregational worship in the temple. Hindu temples in the UK are generally converted buildings, sometimes houses. Before entering the place of worship, everyone must remove his/her shoes as a token of respect and to keep it clean.

Dietary needs Hindus do not eat beef. Many will be vegetarian, and will not use tobacco or alcohol.

Hindu names The basic pattern of names adopted by Hindus is given in Figure 10.2. Personal name This will be selected from a large number of possible names, and will normally be an indication of the sex of the person. As with most European names, personal names have a meaning. Family name In Hinduism, this is linked with the caste system, and the name gives information about the caste, or social position and occupation, of the owner. In India, the barriers created by the caste system are being slowly broken down, and as a result of this many Hindus have dropped the use of a caste name.

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Example of how a Hindu name might be made up Personal name

Complementary name

Family name

Female

Meena

Mayur

Shah

Male

Mayur

Bachulal

Shah

Personal names

Family names

Male

Female

Anil Anoop Arun Bimal Binoy Devendra Dinesh Gopal Govind Jayant Jayesh Kanti Kapil Krishna Madhav Mauur Naresh Niarmal Nuranjan Rajendra Rajesh Ram Ravi Sumant Suresh Vijay

Aroti Aruna Bakula Bimla Bindoo Charulata Ela Gayatri Indira Jayashree Leela Leena Lopa Majula Meena Mira Mohini Mukhta Nandita Nirupa Psehpa Rupa Sandya Tara Vishni

Figure 10.2

Advani Agarwal Aiyar Anub Ashar Chauhan Chopra Dar Desai Gupta Iyer Kazi Kulkarni Lalwani Modi More Naidoo Patel Prabhu Pradhan Yaji Ramgovind Roy Shah Sharma Shenoy Varty

A selection of Hindu names, and how they are constructed

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Recording Because the family name is often not used, both the personal and the middle name should be obtained. It is preferable to record the family name if possible, but as noted above the person may be sensitive to its implications of status and caste and may refuse to give it.

Castes Historically, Hindus have been identified with castes. The four castes were likened to parts of the body of Brahma: mouth, arms, thighs and feet. The highest caste was the Brahmana or priest, next the warrior caste, third the farmers, traders and artisans. The lowest caste did nothing other than serve the higher castes. The most unfortunate were those who belonged to no caste at all, namely ‘the untouchables’. They were not allowed to enter villages and could not go into a temple. Mahatma Gandhi, in India, began to change attitudes towards castes and ensured that by law no person could be ascribed to such a group, and everyone had a right to enter the temples.

Islam Founded about 1,400 years ago by the prophet Muhammad, who lived from about AD 570 to 632.

Concept of God One God, whose name (in Arabic) is Allah.

Holy writings Islam’s holy writings are contained in the Quran (or Koran) the contents of which were revealed to Muhammad by the Angel Gabriel. Muhammad then recited the Quran, and it was written down by Arab scholars. Written originally in Arabic, it has been translated into many languages other than Arabic, but of course, as with any translation, the original text is to be preferred.

Major prophets A succession of prophets from the beginning of time, from Abraham and Moses, through Mary and Jesus to Muhammad in the seventh century. It is customary for a Muslim to say ‘May peace be upon him!’ when Muhammad’s name is mentioned.

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Principal festivals and practices Faithful observance of the faith is supported on the Five Pillars of Islam. These are: The declaration of faith ‘I bear witness that there is no god but Allah, and I bear witness that Muhammad is his servant and messenger.’ The five daily prayers These are prayers to Allah, and the times are usually between dawn and sunrise, after midday, mid-afternoon, just after sunset and the early part of the night. Fasting during the month of Ramadan To keep strictly to the fast, Muslims will abstain from food, drink and sexual intercourse from dawn until sunset. During this holy month, it is equally important for the Muslim to abstain from all evil and malicious thoughts. Ramadan concludes with a festival known as Eid al-Fitr (pronounced eed al fitter), the festival of fast-breaking. It starts on the first day of the following month and is an occasion of joy and celebration extending over three days. Giving relief to the poor This practice is known as Zakat. Generally 2.5 per cent of net wealth is given annually in support of the less well off. The pilgrimage to Mecca This should be undertaken at least once in a lifetime, provided one has the necessary financial means. Another major festival is Eid al-Adha (the festival of sacrifice), which is celebrated over four days. It occurs after the time of the pilgrimage to Mecca (regardless of whether the pilgrimage has actually been made). An animal will be sacrificed according to a holy ritual and the meat divided into three, one part for the family, one for the person sacrificing and one part to be given to the poor. In this country, the sacrificing is only done at licensed slaughterhouses where the animal will be killed according to Islamic tradition.

Holy places Mecca, in Saudi Arabia, is the principal holy place. It was the place of the prophet Muhammad’s birth in AD 570.

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Places of worship Muslims meet for congregational worship in mosques (from the Arabic masjid, literally ‘place of prostration’). Mosques may also be places of education and teaching. Public worship at a mosque on a Friday will normally include a sermon. Mosques are to be found throughout Britain, and in London one of the most strikingly beautiful examples is the Regents Park mosque with its enormous bronze-coloured dome. Shoes are removed before entering a mosque.

Dietary needs Muslims do not eat pork or any other meat which has not been ritually slaughtered. Meat which has been through the process of ritual slaughter is known as halal meat.

Islamic names There are no strict rules to be observed in naming a child. Many personal or first names, however, are those of the prophets mentioned in the Quran (see Figure 10.3).

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The word Islam means peace and submission. Recent world events have caused Islam to be misrepresented in the minds of some people. In fact, its teaching strongly emphasizes the brotherhood of mankind, and sets the tone for Muslims’ relationships with others. Examples of this teaching are found in the Hadith literature, which helps to explain the teaching of the Quran. Two examples are: ‘All creatures are God’s children, and those dearest to God are the ones who treat his children kindly’ (Hadith). ‘He from whose injurious conduct his neighbour is not safe will not enter Paradise’ (Hadith). Muslims form two distinct groups: the Sunna or Sunni Muslims and the Shia or Shiite Muslims. The former account for about 80 per cent of the Muslims of the world. The Shia are mainly concentrated in Iran, Iraq, Pakistan, India, the Yemen and East Africa. Most Muslim boys are circumcised. The Islamic holy day of the week is Friday. Muslim religious leaders are called imams.

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Males Abbas Abdul Afsal Akbar Akram Alam Ali Amin Araf Ashaf Aslam Azam Aziz Badar Badhur Bashir Farrukh Ghafar Ghulam Gulab Habib Figure 10.3

Hafeez Halim Hanif Haq Hasan Hashim Hussaim Ibrahim Ifthikar Iqbal Ismael Jafar Khaliq Latif Mahoud Malik Massur Masud Mir Miraj Mubashir

Females Mukhtar Muzzamil Qasim Rafiq Rahman Rashid Sadiq Salim Samsur Shaif Sharif Sulaiman Sultan Umar Usman Yaqub Yousaf Yousif Yusuf Zahid

Asmat Ayesha Azara Fatima Ismat Jameelar Kulsum Najma Naseema Nasrat Nasreen Parveen Rabia Razwana Sadaqat Salma Savera Sughra Surriya Zubaida

Some common Islamic personal names

Judaism Founded about 4,000 years ago by the Hebrew chieftain Abraham, who taught his people to worship one God – Jehovah or Yahweh.

Concept of God One God whose name is so holy it cannot be uttered. God is referred to by the name Adoni.

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Holy writings Chief writings are contained in the Torah, which reveals the will of God, and the Talmud, which contains Jewish religious and civil laws. The Torah is made up of the first five books of the Old Testament: Genesis, Exodus, Leviticus, Numbers and Deuteronomy.

Major figure Moses, the one to whom the Law was given on Mount Sinai.

Principal festivals New Year The Jewish calendar is based on cycles of the moon. The Jewish new year occurs in September or October and is the first major festival. There are no parallels with the revelling of non-religious new year celebrations. Rather it is a special day of prayer, marking the beginning of ten days of penitence. Day of Atonement The ten days (above) end with the most solemn day in the Jewish calendar – the Day of Atonement, known as Yom Kippur, a day of fasting. The day is spent in prayer in the synagogue. The fast lasts for 24 hours from sunset on the previous day. Sukkot About one week after Yom Kippur is the Jewish equivalent of the harvest festival, known as Sukkot, when families build a booth outside their houses or synagogues, made with branches and leaves and decorated with fruit and f lowers. Channukah Pronounced ‘hannaka’, this is the festival of lights to commemorate the rebuilding of the Temple in biblical times. The festival lasts for a week and each night, candles are lit on a nine-branch candelabra, known as a menorah. The festival starts with two candles and by the last night all nine are lit. The first candle is used to light the others. Passover Celebration of the time when the angel of death passed over the Jewish households during the captivity in Egypt, and their subsequent freedom.

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Clothing It is traditional for men to cover their heads when in the synagogue or at a cemetery. Additionally, all devout Jewish men and boys will wear a hat of some description, including a skullcap. Most of Britain’s Jewish people are indistinguishable from non-Jews in the way they dress. There is one particularly distinctive group, however, the Hassidim. They wear clothing of dark colours only. The men wear wide-brimmed hats and long coats. They grow their hair long, and plait the sideburns.

Dietary laws The extent to which these are upheld will depend on the individual, and the extent of their orthodoxy. Here are some of the more common laws: Jews are forbidden to eat any animal which does not chew the cud and has a cloven hoof (principally pigs). Shellfish is also forbidden. Many Jews will not mix dairy produce with meat; this may extend to using separate crockery, and cooking utensils for milk and meat. ‘Kosher’ means that food has been prepared in accordance with all the dietary laws. In the case of meat, for example, it means that it has been slaughtered in a way which allows all the animal’s blood to drain away. In the case of other food which might contain animal or fish products, there must have been no contact with banned items. Because so many Jews in this country came originally from Eastern Europe, traditional meals tend to ref lect the food from that area. Salt beef, bagels, goulash, and borsch (thick soup) are all examples. In any area where there is a high density of Jewish people, you will find a number of Kosher food shops including butchers and delicatessens. You may also find Kosher food counters in some larger supermarkets.

Holy places Israel as a whole has a special significance for Jewish people.

Places of worship The Jewish building of worship is the synagogue. The word ‘synagogue’ means ‘to gather together’. It is the centre of Jewish activity, being a place for prayer and meeting others, a school and a centre of administration.

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Bar Mitzvah is a ceremony which occurs at the age of 13, when a boy becomes a ‘son of the law’. More recently, in some traditions, a similar ceremony, known as a Bat Mitzvah, has been introduced for girls. Jewish male babies are circumcised eight days after birth. This is a religious requirement and a religious ceremony is usually held, although the operation is performed by a medically qualified person. The religious leader is known as a rabbi (literally ‘teacher’). Over the years rabbis have interpreted and commented on the Law as given to Moses and this has been handed down in what are known as Rabbinical writings. The Sabbath is celebrated from sunset on Friday to sunset on Saturday. In addition, devout Jews may attend prayers three times daily throughout the week.

Sikhism Founded in India in about AD 1500 by Guru Nanak who lived from 1469 to 1539 and was the first of ten gurus (teachers) of the Sikh religion.

Concept of God One God; a great, merciful and loving creator whose spirit pervades all creation. There is no distinction between the spiritual and the material.

Holy writings Adi Granth, also referred to as the Holy Guru Granth and the Guru Granth Sahib (see below).

Major prophets There were ten great gurus (guru means spiritual teacher). Guru Nanak (1469–1539) was the first and greatest of the gurus and founded the Sikh religion in the fifteenth century. He was followed by nine other gurus spanning 240 years (1469–1708). Guru Arjan (1563–1606) was the fifth guru. He compiled a collection of his own and his predecessors’ poems and hymns, called the Adi Granth (which means the First Collection). Guru Gobind Singh was the last guru. l

He founded the brotherhood of Sikhs, the Khalsa (which means the pure ones). This is an inner circle of Sikh men and women who have been fully

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initiated into the faith by baptism (Amrit), and who uphold the five signs of the brotherhood, the five Ks (see below). He added further hymns to the Adi Granth and gave it its final and complete form.

Principal festivals Baisakhi The most important of the Sikh festivals, which occurs on or around 13 April. It commemorates the day in 1699 when Guru Gobind Singh called for a volunteer to give his life for the faith. One volunteered and went into a tent with the guru, who later emerged with a bloodstained sword. Four others did the same and then it was revealed that the five volunteers were unhurt and alive. They became known as the Khalsa, which means pure ones, and they were the first of the Sikh brotherhood. Diwali A very similar festival to that of the Hindus, and celebrated in much the same way. It centres on a theme of light and joy, and celebrates the release of the sixth guru, Hargobind, from captivity. The Golden Temple at Amritsar is lavishly decorated with illuminations. Hola Mohalla The spring festival, which lasts about three days. Gurpurbs

Birthdays and martyrdom days of the gurus.

Practices and symbols The five signs of the brotherhood – the five Ks, which Guru Gobind Singh required his followers to wear on their bodies at all times until their death. These are: Kesh (uncut hair) This includes beards for males. Kesh is the chief emblem of a Sikh man or woman. Hair on the body is God-given and as such is worn as a symbol of faith, truth and the highest qualities of the mind. Kanga (comb) Closely linked with Kesh, and symbolizes that the hair should be kept clean and healthy. It is used to keep the hair in place and is also a symbol to remind the wearer to keep his or her mind under control also. Kirpan (sword) Usually worn as a small replica of a sword. Its purpose is summed up in the words of Guru Gobind Singh: ‘When all other names fail

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to curb tyranny, it is right to wield the sword.’ Sikh thinking, however, stresses that the mind is important and that every man is to have a mind like a sword, expressing hope and spiritual radiance. Kacherra (shorts) A symbol of chastity (sexual relationships are only to be within the context of marriage) and readiness, enables brisk movement in time of action. Kara (steel bangle) Always made of steel and a reminder to the wearer that he or she is bound both morally and spiritually to the teaching of the Guru.

Holy places The Golden Temple at Amritsar has a special significance.

Places of worship Sikh temples or gurdwara are the focus for public worship. Regardless of the grandeur of the building, there will be a central place for the Guru Granth Sahib (holy book), which will be enthroned on a dais underneath a decorative canopy.

Dietary needs Sikhs do not eat halal meat and will not eat beef. Many Sikhs are vegetarians.

Sikh names (see Figure 10.4). The name Singh means ‘lion’, and is used by all Sikh males. Kaur (pronounced ‘core’), which means ‘princess’, is used by Sikh women. Family name This may well indicate a place of origin or caste and is often dropped by the owner. In fact, the adoption of Singh and Kaur for many Sikhs is a positive assertion of their religious identity and rejection of the inequality implicit in castes. This means that you might well have to explain why you would prefer to take a record of a name which will help to distinguish the person from other Singhs or Kaurs. Most Sikhs readily accept the need to reveal their family name, but you should, of course, respect the person’s reasons for not wishing to reveal it.

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Personal names

Family (subcaste) names

Ajit Amarjit Baljit Daljit Davindar Dibag Gurmit Harbans Joginder Kuldip Malkiat Manjit Mohan

Mohinder Paramjit Piara Pritam Rajinder Ramindar Ranjit Ravinder Sewa (male) Sohan Surjit Swaran

Areehal Bahra Bassi Bhambra Birdi Brar Chana Dhanjal Dhesi Gill Grewal Kalsi Man

Manku Mathara Pannesar Phull Purewal Ryat Sambhi Sandhu Sidhu Sohanpaul Sonal Thandi

Figure 10.4

A selection of Sikh personal and family names

Titles There are some equivalents to the European conventions: Mr approximates to ‘Sirdar’; Mrs approximates to ‘Sirdani’; and Miss approximates to ‘Bibi’.

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The Sikh community in Southall, London, represents the largest concentration of Sikhs outside the Indian subcontinent. Sikhism forbids its followers certain things, including smoking, using intoxicants, and taking drugs (except on the advice of a doctor). It also prohibits adultery of any nature, even in a dream.

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PERSONAL ACTION PLAN Try answering the following questions: How will the things I have learnt in this chapter change the way I think and act towards others who are different to me? What has this chapter helped me to learn about myself with regard to: l l l l l l l l

my beliefs; my attitudes; my values; my knowledge of others; my behaviour; my use of language; my responsibilities; the way I see the world?

How do I need to change in order to become: l l l l l l

fairer; more sensitive; more understanding; less prejudicial; less discriminatory; better able to deal with people according to their needs?

If I were to change one thing about the way I act as a result of reading this chapter what would it be?

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Chapter 11 Equal Opportunities Law, Agencies and Links to Further Information In this final chapter we have included information and references that will allow you to follow up the themes raised in other parts of the book. It has been written as an A–Z of the law relating to equal opportunities and some of the agencies designed to promote these laws. By the time you have read through this chapter, we hope you will have: l

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a better idea of some of the more important aspects of the legislation designed to promote equal opportunities; and a working knowledge of some of the statutory bodies and agencies that are involved in promoting equal opportunities in this country.

Please note that where we refer to the law this is intended to give you a f lavour of what is in place; it is not intended to be detailed legal advice. As always with these matters, if you are dealing with a legal issue then you are advised to take professional legal advice.

INTRODUCTION The law relating to equal opportunities is fairly extensive and in some places quite complicated. We have arranged the principal aspects of it into an A–Z format for two main reasons. First, there is some overlap between law aimed

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at different issues, as is the case with sex and race discrimination. Second, legislation is not always very accessible, and we hope that in this A–Z format you will find your way around more easily. We do just need to mention what this chapter is not intended to be. It is not a glossary of terms relating to equal opportunities. Where we have come across jargon in the text we have tried to highlight and explain it. This chapter is also not intended as a definitive or comprehensive description of equal opportunities legislation but instead seeks to provide a brief summary of the law in this area. To assist you with your wider research we have included internet web links and, where available, addresses of organizations. To explain specific sections of the legislation we have used examples from the real world. The examples we have chosen are intended to highlight how things relate to you personally rather than to the duties of employers. If you are an employer you will need to seek more comprehensive information on your specific responsibilities. The Equality and Human Rights Commission would be a good starting point. Finally, the problem with an A–Z is what to include and what to leave out. As far as supportive agencies are concerned, we have included the mainstream ones that have a particular interest in the four main issues we have dealt with, namely sexism, racism, disability and sexuality. Our inclusions are not exhaustive, and generally represent only those we have come across either directly or in our reading. We welcome suggestions through the publisher for further inclusions.

A–Z OF LAWS, AGENCIES AND LINKS TO FURTHER INFORMATION

Access courses As their name suggests, access courses are designed to provide training, advice and support that enables people from minority groups to gain access to employment or education opportunities at an equal level to everyone else. The training and guidance offered aims to offset the effects of discrimination suffered by such groups and their members in other parts of the social system, particularly education. They may offer help in such areas as numeracy, literacy, language skills, self-confidence and assertiveness, as well as specific training in interviewing techniques and selection processes. (See also positive action.)

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Action for Blind People A national UK charity which aims to enable blind and partially sighted people to enjoy equal opportunities in every aspect of their lives through work, leisure, housing and support. Website: www.actionforblindpeople.org.uk

Advisory, Conciliation and Arbitration Service (ACAS) This body, much more commonly referred to by its acronym ACAS, is charged with the duty of trying to resolve disputes arising out of employment-related issues before they get as far as an employment tribunal. In most cases, copies of documents are sent to a conciliation officer from ACAS, who will help the parties to try to reach a settlement. There is no compulsion on the parties in a dispute to speak to ACAS. The ACAS website has a number of useful documents available for downloading, including for example, guidelines on age, religion or belief and sexual orientation. There is also a very useful general guide for employers to tackle discrimination and promote equality. Website: www.acas.org.uk

Age discrimination It has long been recognized that whilst laws have been introduced to tackle discrimination on the grounds of race, gender and disability, the need also existed to combat discrimination on the grounds of age. As advances in healthcare extend life expectancy, the desire to remain in work for longer will result in a greater number of older workers within the workforce, and it is important that legislation affords them the same protection from discrimination as other groups. According to a Department for Trade and Industry fact sheet (DTI 2006), by 2020 nearly a third of the workforce in Great Britain will be aged over 50. The UK signed up to a European Commission Directive (Council Directive 2000/78/EC) that required law to combat age discrimination to be enacted. Evidence from countries that have a long history of age antidiscrimination legislation such as Australia, Canada and the United States has shown that such anti-discriminatory law can have a big impact on ageism and age discrimination in both employment and access to goods and services. The Employment Equality (Age) Regulations 2006 came into force on 1 October 2006.

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Website: http://www.direct.gov.uk/en/Employment/Employees/ DiscriminationAtWork/ Website: www.agepositive.gov.uk

Amnesty International Amnesty International is a worldwide campaigning movement that works to promote all the human rights enshrined in the Universal Declaration of Human Rights (see below) and other international standards. Amnesty International campaigns to free all prisoners of conscience, ensure fair and prompt trials for political prisoners, abolish the death penalty, torture and other cruel treatment of prisoners, end political killings and ‘disappearances’ and oppose human rights abuses by opposition groups. Website: www.amnesty.org

Commission for Racial Equality (CRE) See entry for Equality and Human Rights Commission.

Criminal Justice and Public Order Act 1994 This Act introduces a new class of criminal offences classified as racially aggravated offences. The effect of this legislation is to make it clear to the courts where an offence is motivated or aggravated by racism. 28(1) An offence is racially aggravated for the purposes of sections 29 to 32 of The Criminal Justice and Public Order Act 1994 below if: (a) at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victim’s membership (or presumed membership) of a racial group; or (b) the offence is motivated (wholly or partly) by hostility towards members of a racial group based on their membership of that group. Persons convicted of racially aggravated offences face increased punishment because of the extra racial dimension of their crime. In addition the Act provides for an offence of racial harassment, which covers harassment of a tenant by a landlord, and harassment of an employee by an employer.

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If you think you have been the victim of a racially aggravated offence you should seek advice, guidance and support from the police. Where you feel that you have been harassed by your landlord or employer based upon your ethnicity you should seek help and advice from a solicitor, a racial equality council or from a citizens’ advice bureau. You will find details of your local facilities at your local library, town hall, police station or in your local telephone book. Website: www.hmso.gov.uk/acts.htm

Daycare Trust The national childcare charity working to promote high-quality affordable childcare for all. Advises childcare providers, employers, trade unions and policymakers on childcare. Daycare Trust 21 St George’s Road London SE1 6ES Helpline: 020 7840 3350 Website: www.daycaretrust.org.uk

Direct discrimination The overlap between the two main pieces of anti-discrimination legislation (the Race Relations Act 1976 and the Sex Discrimination Act 1975) is such that they are best dealt with together.

Direct race discrimination This occurs when a person is treated less favourably than another, on grounds of colour, race, nationality, or ethnic or national origin. For employment issues the scope of the law includes: l l

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terms of employment; access to opportunities for promotion, training, transfer, or any other benefits, facilities or services; and dismissal or subjecting the person to any other detriment (detriment means anything which disadvantages the person).

It would therefore be unlawful direct discrimination to refuse, on racial grounds, to employ a person, or to deny suitably qualified candidates an

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interview. A practical example of this would be the case of a firm refusing to employ a black person as a receptionist because they might discourage customers. The scope of the Acts also covers housing, education and services. Some selected examples of what is covered include: l

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Housing. Anyone selling property or letting rented accommodation discriminating against a would-be buyer or tenant; landlords or other managers of property who unlawfully discriminate against any occupier of that property. Education. Educational institutions refusing or deliberately omitting to admit an applicant on grounds of race, or varying the terms of admission or the way it provides benefits, facilities or services to its pupils or students. There are two exceptions to this: where an institution might be allowed to discriminate in relation to the education or training of persons normally resident overseas, or to meet the needs of particular racial groups, for example special language classes. Public houses, shops, restaurants, places of entertainment, etc. In all these cases it would be unlawful to discriminate on racial grounds by refusing entry, refusing service, offering less favourable terms, or providing an inferior service. As an example, it would be unlawful discrimination for a public house to display a ‘No gypsies’ sign on the door. Obtaining goods, facilities, or other services. Selected examples of what the Act would encompass include insurance companies, banks, building societies, doctors, solicitors, local authorities and many more. Again, it is unlawful for any of these to refuse to provide their goods or service, make their terms less favourable or offer an inferior service on racial grounds.

Direct sex discrimination This means being treated less favourably than a person of the opposite sex is (or would be) treated in similar circumstances. Direct discrimination on the basis of sex often shows itself as a manifestation of traditional stereotypes about the roles of men and women, and what might be considered ‘men’s jobs’ or ‘women’s jobs’. An example would be where a woman was not selected for a job involving danger, such as in the construction industry, because it was felt that it was inappropriate for her, as a woman, to be in dangerous situations. A decision not to select a woman in these circumstances would amount to direct unlawful sex discrimination.

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Direct marriage discrimination This means being treated less favourably than an unmarried person of the same sex is (or would be) treated in similar circumstances. An example would be refusing to employ a woman in a post which required long-term training because she was married and might want to leave to have children. If a woman was asked the following questions at a selection interview either for a job or for promotion or transfer within employment, it would probably indicate that unlawful direct marriage discrimination was taking place: l l l l

‘Do you have any intention of getting married?’ ‘Do you have any plans for a family?’ ‘How would your husband feel about you doing this kind of work?’ ‘Do you think your family ties will get in the way of your doing this job effectively?’

With selection interviews, a good general rule of thumb to test whether or not the questions being asked are valid is to establish whether the same questions are being put to both men and women, and whether the questions can be justified as concerning genuine requirements for the job (see genuine occupational qualifications below). Website: www.hmso.gov.uk/acts.htm

Disability Discrimination Acts 1995 and 2005 This important new law has been introduced to combat prejudice and discrimination against disabled persons and to make it easier for them to get or remain in work. In addition, it sets out to improve access for them to buildings, transport and services. The Act has provided for the creation of a National Disability Council to advise the government on ways in which prejudice and discrimination against disabled persons can be minimized or even eliminated altogether.

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Another important part of the Act is a new duty on employers to make reasonable adjustments that will improve the working environments in which disabled staff work in order to overcome disadvantages arising from the way the workplace is set out or the work arranged. These improvements include: l l

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making reasonable adjustments to premises; allocating some of the disabled person’s duties to another person where this is reasonable and appropriate; transferring the person to fill an existing vacancy; altering the person’s working hours; assigning the person to a different place of work where this would accommodate their disability; allowing the person to be absent during working hours for rehabilitation, assessment or treatment; giving the person, or arranging for the person to be given, training; acquiring or modifying equipment; modifying instructions or reference manuals; modifying procedures for testing or assessment; providing a reader or interpreter; providing supervision.

Website: www.hmso.gov.uk/acts.htm

Disability Rights Commission See entry for Equality and Human Rights Commission.

Discrimination based on gender reassignment The introduction in 1999 of The Sex Discrimination (Gender Reassignment) Regulations extends the protection offered by the Sex Discrimination Act 1975 to those individuals undertaking gender reassignment. This legislation has the effect of ensuring that a person who is seeking to change their gender identity through clinical and surgical means is protected by law against discrimination in relation to pay, employment and vocational training. Website: www.hmso.gov.uk/si/si1999/19991102.htm

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Employment (Religious Belief) Regulations 2003 Employment (Sexual Orientation) Regulations 2003 Both sets of regulations were implemented to extend employment rights to cover religious belief and sexual orientation. The Regulations and notes for guidance are available from the Department for Business Enterprise Regulatory Reform. Website: www.berr.gov.uk

Equal Opportunities Commission (EOC) See entry for Equality and Human Rights Commission.

Equal opportunities policies In recent years, equal opportunities policies have f lourished, and most larger organizations now have a policy of one form or another. You can see evidence of this in many job adverts in the local and national press. You will frequently see the words ‘committed to equal opportunities’ or ‘working for equal opportunities’ at the foot of adverts, or in some cases potted versions of the organization’s policy will appear. We do need to be careful not to be too naïve about equal opportunities policies. It is all too easy to fall into an attitude of ‘do as I say’ rather than ‘do as I do’. What we mean is that the mere existence of an equal opportunities policy proves nothing other than the ability of the organization to write and publish a policy. To be effective it will need bite, and this in our experience will mean (not in any particular order): l

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Overt management commitment to it, evidenced by sincere behaviour and attitudes. A commitment to training staff, raising their awareness and increasing their sensitivity to the issues. This commitment will often be evidenced by a willingness to provide the necessary resources. Internal monitoring systems to assess progress. Systems and procedures to permit staff to complain if they feel they are being treated unfairly. It is vital that the staff have faith in the effectiveness of the system and the sincerity of those who will operate it.

In its booklet (EOC, 1986) the Equal Opportunities Commission gives further advice about the components of equal opportunities policies. In summary, they are:

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definitions of direct and indirect discrimination; the organization’s commitment to equal opportunities; names of those responsible for implementation; details of implementation structures; the obligation on employees to comply; procedures for dealing with complaints; examples of what is unacceptable; details of arrangements for monitoring; and a commitment to the removal of barriers to equal opportunity within the organization.

Website: www.equalityhumanrights.com

Equal Pay Act 1970 and Equal Pay (Amendment) Act 1983 Both these pieces of legislation are aimed at eliminating discrimination between men and women in terms of payment for equal work and contractual conditions. The 1983 legislation brought Britain into line with the European directive on equal pay for equal work. Website: www.opsi.gov.uk/acts

Equality and Human Rights Commission (EHRC) In a White Paper entitled Fairness for All: A new commission for equality and human rights the government set out its vision for the evolution of the Commission for Racial Equality, the Disability Rights Commission and the Equal Opportunities Commission into a single body responsible for driving forward anti-discriminatory legislation and practice and promoting equality and the application of human rights throughout British society. The new unified body called the Equality and Human Rights Commission (EHRC) was established in October 2007 by the Equality Act 2006, and subsumed the previous commissions for equality. The EHRC took on responsibility for monitoring and enforcing the arrangements set out within the various equality laws, developing and publishing codes of practice in areas such as employment, education, health, housing and access to goods and services. The EHRC has powers to enforce compliance with equality legislation and will undertake inspections to scrutinize those to whom such laws apply (such as public bodies). Where new legislation has been introduced (such as age discrimination laws) the EHRC will be well placed to actively support this legislation and to ensure

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compliance with its requirements and directives. Public bodies such as government departments, the police, the health service, education, local authorities, etc are required by the EHRC to meet a general duty to eradicate discrimination on the grounds of race, gender, disability, sexuality and age, to actively promote good relations between such groups and to assess the impact of their existing and future policies on this general duty. The EHRC has offices in London, Manchester, Glasgow and Cardiff and contact details can be found on the website. Website: http://www.equalityhumanrights.com

Equality Act 2006 The Equality Act 2006 was a major piece of legislation relating to equal opportunities. The Act established the Commission for Equality and Human Rights (now termed the Equality and Human Rights Commission) and set out its duties and powers. The Act also made further provision in relation to discrimination on the grounds of religion or belief for example in the provision of goods, services or facilities. Website: http://www.opsi.gov.uk/acts/acts2006/20060003.htm

Equality duties/schemes Public authorities now have duties in relation to sex, disability and race to proactively promote equality of opportunity.

In relation to sex The Equality Act 2006 (s.84) amended the Sex Discrimination Act 1975 and imposed a general statutory duty to: a) eliminate unlawful discrimination and harassment; and b) to promote equality of opportunity between men and women.

In relation to disability The Disability Discrimination Act 2005 (s.3) amended the 1995 Act and imposed a general duty on public authorities in relation to the promotion of equality in relation to people with a disability: Every public authority shall in carrying out its functions have due regard to:

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a) the need to eliminate discrimination that is unlawful under this Act; b) the need to eliminate harassment of disabled persons that is related to their disabilities; c) the need to promote equality of opportunity between disabled persons and other persons; d) the need to take steps to take account of disabled persons’ disabilities, even where that involves treating disabled persons more favourably than other persons; e) the need to promote positive attitudes towards disabled persons; and f) the need to encourage participation by disabled persons in public life.

In relation to race The Race Relations Act 2000 amended the Race Relations Act 1976 to include a general duty to promote good race relations. When carrying out their functions public authorities must aim to: a) eliminate unlawful racial discrimination; b) promote equality of opportunity; and c) promote good relations between people from different racial groups. Those public bodies to which the legislation applies are required to publish their arrangements to meet the duty in the form of equality schemes. These set out the priorities and actions that the organization will set in order to meet the duty in relation to the various areas of diversity.

European Convention on Human Rights The Convention was drafted in the 1950s and provides rights to individuals against actions of the state and authorities acting for the state. The mechanism by which the rights enshrined in the Convention could be enforced was in the form of the European Commission on Human Rights and the European Court of Human Rights. The Human Rights Act 1998 (see entry in this A–Z) provides a domestic remedy for those who claim their rights under the European Convention have been violated. The main Convention articles and protocols covered are summarized below. They are intended to give you a f lavour of what is included and do not contain the definitive wording. Refer to the Convention and the Human Rights Act 1998 for full details.

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Article 2 Right to life protected by law; Article 3 No torture, inhuman or degrading treatment or punishment; Article 4 No slavery, servitude or forced labour; Article 5 Liberty and security of the person apart from lawful arrest and detention; Article 6 Fair and public hearing of charges within a reasonable time; innocent until proven guilty; Article 7 No retrospective guilt for an act which was not a crime at the time it was committed; Article 8 Right to respect for private life, home and correspondence; Article 9 Freedom of thought, conscience and religion; Article 10 Freedom of expression (limited only by duties and responsibilities); Article 11 Freedom of peaceful assembly; Article 12 Rights to marry and found a family; Article 14 Rights and freedoms in the convention to be enjoyed without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. First Protocol Article 1 Peaceful enjoyment of possessions; Article 2 The right to education; Article 3 Free elections by secret ballot. Website: www.pfc.org.uk/legal/hra98b.htm Website: www.europa.eu/pol/rights/index_en.htm

Genuine occupational qualifications There are a limited number of circumstances where discrimination may be allowed on the basis of race or sex and these are known as genuine occupational qualifications. In terms of the Race Relations Act, an example would be where the holder of a particular job has responsibility for providing for the welfare of a particular racial group, and that can be most effectively done by a member of the same group. A practical example of this would be a job advertisement by the National Society for the Prevention of Cruelty to Children for a ‘Black Family Care Worker’ where the advert makes it clear

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that it is claiming exemption, under section 5(2)d of the Act, and the postholder needs to be black (Nursery World, 14 October 1993). In the same way there are a limited number of jobs which have the gender of the post-holder as a genuine occupational qualification. For example, an advertising agency would be within the law to specify that they were looking for males only to model a new range in men’s underwear. Roles for actors are another area where there may be a genuine occupational qualification on the basis of gender to ensure authenticity. However, the limited scope of genuine occupational qualifications means that in the vast majority of cases, it is not lawful to advertise jobs for ‘men’ or ‘women’ only. Website: www.equalityhumanrights.com

Government Disability Website The Government Disability Website provides various online information about government initiatives and policies that impact on people with disability. It includes comprehensive information on the Disability Discrimination Act and offers advice about the Act for employers, employees and job-seekers. Website: www.direct.gov.uk/en/disabledpeople/index.htm

Government Equalities Office In July 2007 the government announced the establishment of the Government Equalities Office to operate within the Department for Work and Pensions. This new section subsumed the Women and Equality Unit (formerly in the Department for Communities and Local Government) and also other units working on equality issues. The purpose of the Office is to take on an overall responsibility for strategy and priorities in equality issues. Website: http://www.equalities.gov.uk

Human Rights Act 1998 The Human Rights Act is designed to enshrine in UK law the rights and freedoms guaranteed under the European Convention on Human Rights. This means that it is unlawful for a public authority to act in a way which is incompatible with a Convention right (Section 6(1)). ‘Public authority’ includes courts and tribunals and any person whose functions are functions of a public nature (Section 6(3)). Proceedings may now be brought in this country by someone who claims that a public authority has acted in contravention of one of the Convention rights covered by the Act. To see the full

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scope of the Human Rights Act you can refer to the summary of the European Convention rights in this A–Z. Also, use the web-link to see the full text of the Act. Website: www.opsi.gov.uk/acts/acts1998

Indirect discrimination Indirect racial discrimination Consists of applying, in any circumstances covered by the Act, a requirement or condition which, although applying equally to persons of all racial groups, is such that a considerably smaller proportion of a particular racial group can comply with it, and it cannot be shown to be justifiable on anything other than racial grounds. For example, to impose a height limit of five feet ten inches as a condition for people wishing to apply for a particular occupation would effectively exclude many whose ethnic origins were from the Indian subcontinent and South East Asia, where the average height is below that of white males in this country. Police forces and the prison service are, in fact, specifically allowed to discriminate on grounds of height, but many have waived this right to try and remove at least one of the barriers to a fair representation of the communities they serve.

Indirect sex discrimination This is more difficult to establish. It means being unable to comply with a requirement or condition which, on the face of it, applies equally to men and women, but which, in practice, can be met by far fewer people of one sex than the other. Such a requirement or condition is lawful only if it can be objectively justified. A good example of indirect sex discrimination is given in an article by Peter Vallely (1993), who suggests that although women account for more than half of the population (the 1991 census showed 51.6 per cent), there are six million fewer female than male drivers in this country. If a job did not depend on the employee holding a driving licence, but nevertheless made that a condition, as a useful additional qualification, then the effect would be to indirectly disadvantage a larger group of women than men.

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Indirect marriage discrimination This works in a similar way. It means being unable to comply with a requirement or condition which, on the face of it, applies equally to married and single people, but which in practice, can be met by far fewer married people than single people. Such a requirement is only lawful if it is objectively justifiable. Website: www.equalityhumanrights.com

Industrial tribunals These are independent judicial bodies, made up of a legally qualified chairperson and two other members who are drawn from two panels of members appointed by the Secretary of State for Employment. Both employers and employees’ organizations are consulted about the appointment of these members. They were set up to provide a less formal way of settling disputes between employers and employees. There are permanent offices in the larger centres of population and tribunals sit in most parts of the country. The principal matters which may be considered by industrial tribunals include: l l l l l l l l l

equal pay; maternity rights; occupational pension schemes; race relations; redundancy; sex discrimination; trade union membership and non-membership rights; the right to receive written reasons for dismissal; and the right to receive a written statement of terms of employment.

You should be aware that there are strict time limits on the registration of cases with industrial tribunals. These limits depend on the type of case being brought. Website: www.berr.gov.uk

Institute of Race Relations (IRR) The London-based Institute of Race Relations (IRR) conducts research and produces educational resources which are at the cutting edge of the struggle

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for racial justice in Britain and internationally. It seeks to ref lect the experience of those who suffer racial oppression and draws its perspectives from the most vulnerable in society. Institute of Race Relations 2–6 Leeke Street King’s Cross Road London WC1X 9HS Tel: 020 7833 2010 Tel: 020 7837 0041 Website: www.irr.org.uk

Institutional discrimination (including institutional racism and sexism) Chapter 9 covers this important subject in great detail. This chapter provides an explanation of terms, a consideration of the central findings of the public inquiry into the murder of the young black student Stephen Lawrence and looks at the possible impact of these findings on large organizations and institutions. For a full and linked version of the report arising from the public inquiry into the death of Stephen Lawrence, visit: Website: http://www.archive.official-documents.co.uk/document/cm42/ 4262/4262.htm/

London Lesbian and Gay Switchboard (LLGS) London Lesbian and Gay Switchboard is a voluntary organization which aims to provide a 24-hour information, support and referral service for lesbians and gay men from all backgrounds throughout the United Kingdom. London Lesbian and Gay Switchboard PO Box 7324 London N1 9QS Tel: 020 7837 7324 Website: www.llgs.org.uk

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Positive action/discrimination Positive discrimination is not allowed under the Race Relations and Sex Discrimination Acts. Positive action is. An example of unlawful positive discrimination would be if the Army declared that it wanted 25 per cent of its recruits to be black and recruited that proportion, while excluding equally qualified whites; that would be unlawful as it would have the effect of discriminating against white applicants on grounds of colour. Such action would normally be referred to as a ‘quota system’. Although some countries have adopted this way of trying to redress imbalances in representation, quota systems tend to be inherently unfair and, some would say, more trouble than they are worth.

Positive action There are two main areas in which positive action (as opposed to positive discrimination) may operate, where a particular ethnic minority group or sex is under-represented: 1. Where there is under-representation, an employer may provide training solely for that group to help fit them for that work, or allow them to take advantage of training offered by other organizations (see access courses). 2. Employers may take positive steps – for instance, through advertising – to encourage applications from the under-represented group. For example, where there is shortfall of a particular ethnic group in an organization or one of its departments, measures can be taken to encourage and assist that specific group to apply for or qualify themselves for a job in order to make up such shortfalls. A good real-world example of this is that of representation in London. The population of London is made up of large numbers of people from ethnic minority communities. Twenty-one of the London boroughs have 15 per cent or more of their populations made up from ethnic minority communities (Equal Opportunities Commission, 1993a). At the end of 1992 only 2.17 per cent of serving police officers within the Metropolitan Police Service (which polices London) were from ethnic minority backgrounds (Commissioner of Police for the Metropolis, 1993). It would be lawful, therefore, for the police service to take positive action through advertising which specifically encourages people from ethnic minority groups to apply to join, and they could also run courses designed

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to assist applicants to meet the entry requirements (see access courses). Although such courses are permitted by the legislation to be single race/ colour, in fact courses run by the Metropolitan Police Service have had both black and white participants.

The distinction between positive action and discrimination We have already noted that while positive action is permitted under the legislation, positive discrimination is not. The debate about positive action seems to generate considerable emotion. The problem would seem to be the thin dividing line between action and discrimination. When the action is such that others feel they have been disadvantaged, someone will inevitably cry ‘foul’. One way of thinking about the difference between positive action and positive discrimination is to use the example of people running a 400-yard race on an athletics track. To ensure everyone has the same chance, ie an equal opportunity to compete, we would expect each person to start from the same point on the track. But, as we have discussed in detail throughout this book, there are sections of our society who, because they are in some way different from the majority, have to face prejudice and discrimination (at both a personal and institutional level) and because of this they are placed at a disadvantage. To return to our example, such prejudice and discrimination has the effect of making members of those groups start the race from a point some way behind everyone else. To compete, they must then run faster and further. Positive discrimination (which is not lawful), would close the race off to all except certain people, eg by taking on a candidate without advertising a vacancy or carrying out any selection processes, or placing particular people ahead of the ‘starting line’. Positive action, on the other hand (which is supported by the legislation), seeks only to bring everyone up to the same ‘starting line’ by allowing a narrow range of options such as access courses and targeted advertising. So positive action means that, for example, an employer can take action aimed at encouraging members of particular groups (sometimes called ‘target groups’), who are under-represented within their company or organization, to apply for vacancies for work previously done exclusively or mainly by the opposite sex or by a particular ethnic group. At the time of writing this, for example, the National Health Service was advertising for nurses, and actively encouraging men to apply, as they are very under-represented in nursing. This is perfectly lawful.

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Once people are able to start from the same ‘starting line’, however, they must then compete with others and be judged on their merits as individuals. The best person for the job or position should be selected, regardless of their gender, ethnicity or marital status. Website: www.equalityhumanrights.com

Public Order Act 1986 Whilst there is general freedom of speech in this country, legislators (people who make new laws) have considered that there are certain types of behaviour or speech which, if allowed, would stir up racial hatred against members of ethnic minority groups in our society. The Public Order Act 1986 defines as criminal offences the following ways of saying or doing things in public intended or likely to stir up racial hatred: l l l l l l

use of words or behaviour; publishing or distributing written material; performing a play in public; distributing, showing or playing a recording; broadcasting over the radio or on television; and possessing racially inf lammatory material.

Website: www.opsi.gov.uk/acts/acts1986

Race Relations Act 1976 Background to the legislation Post-war immigration control had already begun in the late 1940s, at a time when there was great demand for labour and many industries were actively recruiting people from the West Indies. In fact, only a third of those entering for work were black, the rest being Irish, white Commonwealth and European. At this time, all Commonwealth citizens were able to enter Britain freely for work and settlement. Their status as ‘British subjects’ was confirmed by the British Nationality Act 1948. During the 1950s, however, people began to argue that black ‘immigrants’ were placing a strain on housing, schools and social services. Some also claimed that black people were entering the UK so that they could live off the welfare state. Calls for immigration control began to be heard more frequently.

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In 1958 there were serious public attacks on black people, primarily in Nottingham and Notting Hill, London, where a black man, Kelso Cochrane, was killed. Various surveys also began to reveal extensive prejudice and discrimination against black people. Sadly, in the eyes of many, racism had become respectable and the black population a problem. There was pressure on the government of the day to tackle the situation, and it did so in two main ways. There was a succession of legislation aimed, on the one hand, at the control of immigration, and on the other, at promoting racial integration. The first Commonwealth Immigrants Act was introduced in 1962, requiring work vouchers to be issued for most British Commonwealth passport holders, ie those from countries with populations that were predominantly black. They couldn’t enter without a voucher. This was despite the fact that there was still a shortage of skilled workers and little unemployment. Further restrictions on the entry of Commonwealth immigrants were introduced in 1965 and 1968, and then in 1971 the right to permanent settlement was removed from new arrivals unless they were ‘patrials’, ie had a close connection with Britain by descent. The process culminated in the British Nationality Act 1981, which created three classes of citizenship: 1. British citizens upon whom there are no restrictions. This class of British citizenship is generally for those born in this country, or who had a parent, grandparent or spouse born here as a UK citizen, or have settled in this country for five years – these are mainly white. 2. British Dependent Territories citizens who, like those from Hong Kong, have a right to live in the colony to which they are connected – but no longer have a right of entry into the UK. 3. British overseas citizens, who are not members of Dependent Territories, and also do not have a right of entry to the UK. While laws were passed controlling the number of people entering the country, a series of Acts were also passed from 1965 up to the most recent Race Relations Act of 1976, which promoted integration by making it illegal to discriminate under certain circumstances.

Race Relations Act 1976 Under the Race Relations Act 1976 it became unlawful to discriminate against someone on grounds of their colour, race, nationality or national or ethnic origins. The Act is enforced in two ways:

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1. Enables a person discriminated against on racial grounds to go to a county court. If the alleged discrimination is in the field of employment, then they have redress at an industrial tribunal. 2. The Equality and Human Rights Commission, in certain circumstances, can assist those who feel they have been discriminated against. It can also carry out formal investigations into organizations where unlawful discrimination is suspected of being practised; in some circumstances without receiving a complaint. Website: www.opsi.gov.uk/acts/acts1976a/ Website: www.equalityhumanrights.com

Race Relations (Amendment) Act 2000 This Act resulted from the recommendations made in the Stephen Lawrence inquiry and has the effect of extending protection from discrimination on the grounds of race to cases involving public authorities (such as the police) previously immune from race relations legislation. Furthermore, the Race Relations (Amendment) Act provides victims of discrimination by public authorities with a right to seek redress through the courts. It also addresses the need for public authorities to eliminate unlawful discrimination and places a positive duty on them to promote equality of opportunity and good race relations. Certain larger authorities must also publish a Race Equality Scheme which sets out their proposed actions to meet: The general duty: l l l

to eliminate unlawful discrimination; to promote equality of opportunity; to promote good race relations.

Specific employment duties including: l l

training; monitoring.

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The implementation of the duties is covered by Statutory Codes of Practice which are available from the Equality and Human Rights Commission. The Race Relations (Amendment) Act 2000 also provides the Commission with new powers to monitor and enforce this new legislation. Website: www.equalityhumanrights.com Website: www.opsi.gov.uk/acts/acts2000a

Racial Equality Councils (RECs) Racial equality councils are organizations that work in local areas, among local communities to promote racial equality and tackle racial discrimination. Some are funded by the Equality and Human Rights Commission. There are currently 108 RECs or similar organizations. Website: www.equalityhumanrights.com Examples of two local RECs: Kingston racial equality council: Website: www.kingstonrec.org Devon racial equality council: Website: www.devonrec.org.uk

Rehabilitation of Offenders Act 1974 With the emphasis on sex and race discrimination that exists in this country it is all too easy to forget other legislation which, although not necessarily framed under the equal opportunities umbrella, nevertheless has the effect of promoting fairness for people. The Rehabilitation of Offenders Act is one such piece of legislation. Its principal effect is to allow, in certain circumstances, the convictions of offenders to become ‘spent’. This means that they do not have to be disclosed when applying for a job or for training, or when disclosing other previous convictions to a court. The type of conviction which may become spent and the time limits do vary both in terms of the offence and the sentence given to the offender. This legislation seeks to remove ‘previous offence discrimination’. Website: www.opsi.gov.uk/acts/acts1974a

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Religion websites The following is a selection of religion websites where further information and advice about specific religions can be found. The BBC has a very good website dealing with the major religions, including the main customs and traditions and includes links to the main websites. Website: www.bbc.co.uk/religion/religions/ One way in which institutional discrimination can be manifested is through ignorance of the major religious festivals. A good site which gives the key dates is to be found at: Website: www.bbc.co.uk/religion/interactive/calendar/index.shtml Islam: Muslim Council of Britain Website: www.mcb.org.uk/ The Roman Catholic Church Website: www.vatican.va/ The Church of England Website: www.cofe.anglican.org/ The Free Church (Evangelical Alliance) Website: www.eauk.org Sikhism Website: www.sikhs.org/ The Board of Deputies of British Jews Website: http://www.boardofdeputies.org.uk Hinduism Website: www.nchtuk.org Buddhism Website: http://www.buddhanet.net/

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Royal Association for Disability and Rehabilitation (RADAR) This is a national UK organization run by and working with disabled people which: l l l l

l l l

campaigns for equal rights for disabled people; gives information and advice on all issues relating to disability; runs a national telephone helpline; promotes good practice and legislation which enables disabled people to live independently in the community; voices the wishes and concerns of disabled people; produces a wide range of publications and fact-packs on disability issues; supports around 500 member groups locally and nationally to help them become more effective in their work with disabled people.

Royal Association for Disability and Rehabilitation 12 City Forum, 250 City Road London EC1V 8AF Website: www.radar.org.uk/

Royal National Institute for Blind People (RNIB) The RNIB provides help not only to totally blind people, but also to the 1½ million people in the UK with serious sight problems. It offers practical support and advice. RNIB 105 Judd Street London WC1H 9NE Call its helpline on 0845 766 9999. Website: www.rnib.org.uk

Royal National Institute for Deaf People (RNID) RNID seeks to be a force for change with government, and public and private sector organizations. This includes changing attitudes towards people who are deaf or have hearing impairment and also to provide services to help improve their everyday lives. RNID also has a research interest in deafness.

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Royal National Institute for Deaf People 19–23 Featherstone Street London EC1Y 8SL Website: www.rnid.org.uk

Runnymede Trust The Runnymede Trust is an independent research and policy agency which addresses itself specifically to the development of a successful multiethnic society. Its aim is to provide information, research and advice and to promote the value of diversity in our communities. Founded in 1968, the Trust is based in London, with the majority of its projects concentrated in England. The Runnymede Trust 7 Plough Yard Shoreditch London EC2A 3LP Website: www.runnymedetrust.org

Sexual orientation discrimination In recent years there have been a number of developments in relation to discrimination on the grounds of sexual orientation. For example, in 2000 the ban on lesbians and gays serving in the armed forces was lifted. The Civil Partnership Act 2004 made provision for same-sex couples to make a formal and legal commitment to each other in the form of a Civil Partnership. By the end of 2006 over 15,000 same-sex couples had entered into Civil Partnerships. Protection from being discriminated against on the basis of sexual orientation in employment was provided by the Employment Equality (Sexual Orientation) Regulations 2003 and this was added to in the Equality Act (Sexual Orientation) Regulations 2007 which provided protection from discrimination in relation to the provision of goods, services and facilities, in education, in the use and disposal of premises and in the exercise of public functions. (Source: Government Equalities Office 2007)

Sex Discrimination Act 1975 (As Amended) Under the Sex Discrimination Act it is unlawful to discriminate on the grounds of sex or marital status in the areas of employment, trade union

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membership, education and the provision of goods and services, housing and advertising, except in certain circumstances. Discrimination can be against women or men, and also married people. Regarding employment, the Act applies from recruitment through what happens at work to dismissal. As with the Race Relations Act, the discrimination may be direct or indirect.

Sex discrimination which is lawful Several sections of the Act allow different treatment of men and women in certain circumstances. These include: l l

l

l

l l l

Special positive treatment of women because of pregnancy or childbirth. Where it is necessary to comply with earlier legislation. An example of both this and the previous provision is the case of a woman who was employed as a driver of a tanker carrying dangerous chemicals. It was discovered that the chemical was dangerous to women in pregnancy and in order to comply with the Health and Safety at Work Act she was transferred to other driving duties. She complained, but the industrial tribunal found that her employer was not guilty of unlawful discrimination on grounds of sex. Height requirements for the police and prison services. However, as noted already, the Metropolitan Police and other forces have foregone this provision as it tends to discriminate against certain ethnic groups. Employment as a minister of religion. Having said that, many readers will be aware of the public debate which took place in the Church of England in 1992/93 over the ordination of women priests. Employment as a midwife. To safeguard national security. Where the sex of a person is a genuine occupational qualification (see Genuine occupational qualifications above) because the job demands authentic gender characteristics.

This legislation also created the Equal Opportunities Commission (see page 200). Website: www.opsi.gov.uk/acts/acts1975a Website: www.equalityhumanrights.com

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Stonewall Stonewall is the national civil rights group working for legal equality and social justice for lesbians, gay men and bisexuals. It is a respected and effective campaigning organization working with a growing network of sympathetic politicians and alongside many grass roots groups. Stonewall Tower Building York Road London SE1 7NX Website: www.stonewall.org.uk

Trades Union Congress (TUC) A selection of things the TUC does for its unions that relate to equal opportunities issues includes: l

l

l l

bringing unions together to draw up common policies on issues like employment law, ways of tackling unemployment, and other workplace issues; pressing the government to implement policies that will benefit people at work; campaigning on economic and social issues; carrying out research on employment-related issues.

Trade Union Congress 23–28 Great Russell Street London WC1B 3LS Website: www.tuc.org.uk

Treaty of Rome 1957 In 1957 the Treaty of Rome established the European Community which was to provide for, among other things, the freedom of movement of the labour force and equality of opportunity. Article 119 of the treaty provides that men and women should receive equal pay for equal work.

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Article 119 Each member state shall during the first stage ensure and subsequently maintain the application of the principle that men and women should receive equal pay for equal work. For the purpose of this Article, ‘pay’ means the ordinary basic or minimum wage or salary and any other consideration whether in cash or in kind, which the worker receives, directly or indirectly, in respect of his employment from his employer. Equal pay without discrimination based on sex, means: (a) that pay for the same work at piece rates shall be calculated on the basis of the same unit of measurement; (b) that pay for work at time rates shall be the same for the same job. Website: www.europa.eu./index_en.htm

Universal Declaration of Human Rights There is a tendency in some circles to view the emergence of thinking about equal opportunities as fashionable, even faddish. In fact, the basic principles of human rights which underpin the equal opportunities legislation of today are enshrined in the Universal Declaration of Human Rights, which was adopted by the General Assembly of the United Nations on 10 December 1948. Although many other treaties have since been made, the Universal Declaration still forms the foundation stone for them. The whole declaration resounds with the issues we have been discussing in this book, but some selected articles illustrate its scope: Article 1 All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Article 2 Everyone is entitled to all the rights and freedoms set forth in this declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Article 23(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work, and to protection against unemployment. Article 23(2) Everyone without any discrimination has the right to equal pay for equal work. Website: www.unhchr.ch/udhr/

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Vicarious liability In the case of issues relating to employment, responsibility for complying with the provisions of both the Sex Discrimination and Race Relations Acts generally rests with both the individual and the employer, providing the alleged misconduct arose in the course of the person’s employment. If, for example, a personnel officer in a company were discriminating on grounds of sex or race in selection interviews, both the personnel officer and their employer would be liable. The employer would be said to be vicariously liable. The employer might have a defence if it were proved that all reasonable steps had been taken to prevent the employee from discriminating. Such steps might include: l l l

an equal opportunities policy; equal opportunities training for each employee; and procedures for dealing with breaches of the EO policy or any breaches of the legislation.

In fact, the law goes even further by preventing the application of any type of pressure on any person or the giving of instructions or assistance to that person to discriminate against another. So a person in authority cannot instruct another to discriminate. An example of this would be an employer who issued instruction to an employment agency that they were not to send any black candidates for a particular job. Given the responsibility which rests on both the employer and employee, the need for equal opportunities policies become clearer. Website: www.equalityhumanrights.com

Victimization There is a further offence under the Race Relations and Sex Discrimination Acts – that of victimization. This provision is designed to protect those who, in good faith, have made allegations about discrimination, started proceedings or given evidence in proceedings brought under the Acts. It is aimed at protecting a person who has made a complaint or brought a case (or assisted in one) under the legislation from being harassed, victimized or persecuted because of their complaint. Such victimization is often aimed at dissuading the person from pursuing their legitimate grievance and is a separate offence under the Acts.

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An example of victimization would be where an employee institutes proceedings believing he has been passed over for promotion because he is black. A colleague gives evidence on his behalf and in the pay round the complainant and colleague are the only members of staff to be refused a pay rise. This would be a clear case of victimization under the Act (Malone, 1993). Website: www.opsi.gov.uk/acts

References

ACAS (2003) Disciplinary and Grievance Procedures: Codes of Practice 1, London: The Stationery Office. ACAS (2005a) Bullying and Harassment at Work: A Guide for Managers and Employers, www.acas.org.uk/publications/AL04.html, accessed 14 April 2005. ACAS (2005b) Religion or Belief and the Workplace: A guide for Employers and Employees, http://www.acas.org.uk/media/pdf/f/1/religion-1.pdf, accessed 19 October 2007. Allport, G W (1954) The Nature of Prejudice, New York: Addison Wesley. Banton, M (1973) Police Community Relations, London: Collins. Becker, H S (1963) Outsiders: Studies in the Sociology of Deviance, New York: Macmillan. Calvert, S and Calvert, P (1992) Sociology Today, Hemel Hempstead: Harvester Wheatsheaf. Chevigny, H (1962) My Eyes have a Cold Nose, New Haven, Conn: Yale University Press. Commission for Racial Equality (1998) Stereotyping and Racism: Findings from Two Attitude Surveys, London: CRE. Commission for Racial Equality (2005) The Police Service in England and Wales: Final report of a formal investigation by the Commission for Racial Equality. London: Commission for Racial Equality. Commission for Racial Equality (2007) Latest CRE statistics show racism is still rife in the workplace http://www.cre.gov.uk/default.aspx.locid-0hgnew0uv.Lang-EN.htm, accessed 3 September 2007. Commissioner of Police for the Metropolis (1993) Annual Report to the Home Secretary. Cox, C and Marks, J (2003) Religious Freedom and Religious Tolerance, Occasional Paper No 4, June, Centre for Islamic Studies and Muslim–Christian Relations, www.lawcf.org/dox/pdf-75.pdf. Department for Trade and Industry (2004a) Fairness for All: A New Commission for Equality and Human Rights, London: The Stationery Office. Department for Trade and Industry (2004b) Work–life Balance, www.dti.gov.uk/ bestpractice/people/f lexible-working.htm, accessed 14 April 2005.

224 References Department for Trade and Industry (2006) Age Legislation: An Overview (Fact Sheet 1) London: DTI. Equal Opportunities Commission (1986) Guidelines for Equal Opportunities Employers. London: EOC. Equal Opportunities Commission (1993a) A Short Guide to the Equal Opportunities Commission. London: EOC. Equal Opportunities Commission (2006) Gender Equality Duty Code of Practice England and Wales, London: EOC. Foot, H (1986) ‘Humour and Laughter’, in Hargie, O, A Handbook of Communication Skills, London: Routledge. Giddens, A (1989) Sociology, Cambridge: Polity Press. Goffman, E (1990) Stigma: Notes on the Management of Spoiled Identity, London: Penguin. Gooch, L and Cornelius, N (1999) in Cornelius, N (ed), Human Resource Management: A Managerial Perspective, London: Thompson International. Goverment Equalities Office (2007) What has the Government achieved on equality in general? http://www.womenandequalityunit.gov.uk/about/government_equality. htm, accessed 24 October 2007. Hargie, O (1986) A Handbook of Communication Skills, London: Routledge. Homans, H (1987) ‘Man-made Myth: The reality of being a woman scientist in the NHS’, in Spencer, A and Podmore, D (eds), In a Man’s World: Essays on Women in Male Dominated Professions, London: Tavistock. Jowell, R et al (eds) (1992) British Social Attitudes, 9th Report, Aldershot: Dartmouth Publishing. Macpherson, W (1999) The Macpherson Report, London: The Stationery Office. Malone, M (1993) Discrimination Law, London: Kogan Page. Poulter, S M (1986) English Law and Ethnic Minority Customs, London: Butterworths. Reed Personnel Services (2005) Rising Staff Turnover: How is UK Business Responding, www.reed.co.uk/client/downloads/staffTurnover.doc, accessed 21 April 2005. Segal, L (1990) Slow Motion: Changing Masculinities Changing Men, London: Virago. UNISON (2005) The Case for Work–Life Balance, www.unison.org.uk/worklifebalance/ index.asp, accessed 21 April 2005. Vallely, P (1993) ‘Driving home the message on sex discrimination’, Police, September 1993. Walvin, J (1984) Passage to Britain: Immigration in British history and politics, a series of TV documentaries on Channel Four, London: Pelican. Women and Equality Unit (2006) The Gender Pay Gap in United Kingdom, http:// w ww.womenandequalityunit.gov.uk/research/genderpaygap-apr2006.pdf, accessed 18 October 2007.

Index

ACAS (Arbitration and Conciliation Service) 149, 194 and Codes of Practice 144 access courses 193 Action for Blind People 194 advertising vacancies 141–42 age discrimination 194–95 Allport’s scale of prejudice 16 Amnesty International 195 Articles of European Convention of Human Rights (ECHR) 204 being ‘normal’ 43–45 being white 69–70 belief, faith and religion (see Religion below) 167–91 black MPs 65 blind and partially sighted people 125–26 British culture 39–43 being British 40 how British culture can exclude 41–42 how British culture is changing 42–43 British Deaf Association (BDA) 129

British Sign Language (BSL) 127–30 Buddhism 172–75 bullying in the workplace 148–50 challenging prejudice 15–17 changing role and status of women 81 childcare 85–90 and employment 88–90 and housework 85 Christianity 175–77 civil partnerships 108–09 conformity 15–16 consequences of prejudice 21–22 Commission for Racial Equality (CRE) 66, 195, 201 common roots of prejudice and discrimination 11–16 Criminal Justice and Public Order Act 1994 195–96 culture and lifestyle 39–43, 106–08 cycle of subjectivity 63 Daycare Trust 196 desire to be fair 22

226 Index

direct discrimination 196–98 and discrimination on the grounds of sexuality 111 and marriage discrimination 198 and race discrimination 196 and sex discrimination 197 disability 115–35 Disability Discrimination Act 132–33, 198–99 Disability Rights Commission (DRC) 199, 201 disabling environment 121–22 discipline (see grievance procedures below) discrimination 11–18 and disability 116–19 and sexuality 111–13 common themes in prejudice and discrimination 11–15 education and disability 119 empathy 18–19 employment and disability 118–19, 138–39 and ethnicity 139–40 and gender 137–38 and religious beliefs 200 and sexual orientation 110, 200 and status of women 88–92 Equality Act 2006 202 Equality and Human Rights Commission (EHRC) 201–02 equality duties (see also General Equality Duty below) 95–96, 202 Equal Opportunities Commission (EOC) 200, 201

equal opportunities in the workplace 136–53 equal opportunities law 192–222 equal pay legislation 200 ethnicity 52–55 European Convention of Human Rights (ECHR) 203–04 exclusionary language 32–34 fairness 5–23 faith, religion and belief (see Religion below) 167–91 female roles 81–90 feminism 83 finger spelling 127–30 fostering and adoption 110–11, 163–164 gay and lesbian relationships 108–11 gender and sex difference 78–80 gender pay gap 90–91 gender re-assignment 199 general equality duty 95–96 Genuine Occupational Qualification (GOQ) 204–205 ‘Go back where you came from’ myth 73 Government Equalities Office 205 grievance processes 144–45 harassment in the workplace 148–150 hate crimes 64–65, 112 Hinduism 177–81 housework 86–88 how to be fair 5 how to use this book 3

Index 227

human resources (HR) 141 Human Rights Act 1998 205–06 and European Convention 203–04 and religion, faith and belief 170 and Universal Declaration 220 ignorance 12–13 images of gay men and lesbians 102–03 impact assessments 21, 27, 117, 162–65 indirect discrimination 206–07 industrial tribunals 207 in-groups and out-groups 46–49 Institute of Race Relations (IRR) 207–08 institutional discrimination 154–66, 208 application 161–65 examples 163–64 implications 164–65 the theory 157 institutional power 13 institutional racism 65–69, 159–61 institutions as a concept 157–58 Islam 181–84 ‘I was born a racist’ myth 70 ‘I was only joking’ myth 32 Judaism

labour force 137–40 language 24–38 and disability 120–21 and humour 30–32 and particular words and phrases 34–35 and relevance 28 and sexism 92–93 which excludes 32–34 and words to use with caution 35–37 law 192–222 liability (see vicarious liability below) lip reading 129 London Lesbian and Gay Switchboard (LLGS) 208 low pay of women 89–92 Macpherson (Sir William) 66, 69, 155–56 majority Group 39–50 male domination 81–82 masculinity and sexual orientation 106–07 Muslim (see Islam in Religion below) naming systems (see Religion below) old boys network 81–83 organisational discrimination (see Institutional Discrimination above)

184–87

labelling 9–10, and disability and language and sexuality

29–30 115–16 29–30 103–06

partially deaf people 127 partially sighted people 125–26 part-time work 88–90, 137–38 performance management 146 and equal opportunities 147

228 Index

personal action plans 4 personal racial prejudice 61–62 pity 121 policy 200–01 political correctness 34–35 prejudice 6–10 and disability 116–18 and labelling 9–10 and sexuality 111–12 and stereotyping 8–9 definitions of prejudice 8 identifying through ref lection 6 political power and a woman’s right to vote 82–85 positive action 209–11 positive discrimination 209–11 power 13 pre-judgement (see prejudice above) profoundly deaf people 127 Public Order Act 1986 211 race, ethnicity and racism 51–55 Race Equality Councils (RECs) 214 race hate crime 64–65 Race Relations Act 1976 27, 52, 111, 165, 211–13 Race Relations (Amendment) Act 2000 21, 27, 213–24 racialism 56 racism 51–77 racist mythology 70–74 raised awareness 20–21 reasonable adjustments 133–34, 199 recruitment and selection 141–42 references 223–24 ref lective thinking 6–8

Rehabilitation of Offenders Act 1974 214 religion, faith and belief 167–91 and Buddhism 172–75 and Christianity 175–77 and employment 200 and Hinduism 177–81 and Human Rights 172 and Islam 181–84 and Judaism 184–87 and Sikhism 187–90 and the law 171 on the web 215 religious festivals (see religion above) retention and progression 143 right to vote for women (see suffragettes below) roots of prejudice and discrimination 11–15 Royal Association for Disability and Rehabilitation (RADAR) 216 Royal National Institute for Blind People (RNIB) 216 Royal National Institute for Deaf People (RNID) 216–17 Runnymead Trust 217 Secret Policeman (The BBC documentary) 67–69 sensitivity 21, 25–28 and language 25–28 Sex Discrimination Act 1975 (As Amended) 27, 81, 94, 111, 217–18 sexism 78–98 sexist language 92–94 sexual harassment 94–95 sexuality 99–114 and images we hold 99–103

Index 229

and labelling 103–06 and the law 217 sign language 127–30 Sikhism 187–90 sources of racism 59 social policy (see policy above) Stephen Lawrence Enquiry 66, 69, 155–56 stereotyping 8 and prejudice 8–9 and labelling 9–10 and racism 76–76 stigma 116–17 Stonewall 219 suffragettes 82–85

Universal Declaration of Human Rights 54, 88, 220 upbringing 14–15 us and them 45–46 vicarious liability 221 victimization 221–22 visual impairment 125–26 vote (see suffragettes above) vulnerability 14

Trades Union Congress (TUC) 219 transferable skills 18–22 and a desire to be fair 22 and empathy 18–19 and raised awareness 20–21 and sensitivity 21 and thinking about consequences 21–22 and understanding 20 Treaty of Rome 1957 219–20

web links 192–222 what’s in a word? 24–25 wheelchair users 122–25 ‘When in Rome’ myth 74 who is this book for? 1 women and childcare 85–87 and employment 88–92 and housework 86–88 and low pay 89–92 and political power 82–83 and sexist language 92–93 and sexual harassment 93–95 women’s rights 84 words as discrimination 27–28 work-life balance 151–52

understanding your attitudes, values and actions 19–20

your organization and discrimination 162–65

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