Transcript Document

Sexual Orientation
Awareness
Training
Steve Baldwin
Barnet and Chase Farm
Hospitals
Objectives
• To introduce you to the Employment Equality
(Sexual Orientation) Regulations 2003:
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How it applies to all areas of employment
Who is protected
Who is liable
Direct Discrimination
Indirect Discrimination
Harassment
Victimisation
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Hospitals
Being the Gay One
• Heard homophobic language
• Witnessed explicit derision of lesbian, gay and
bisexual people (including patients).
• Recognised that preventing homophobia was not
a priority of their employer.
• Realised homophobia was not reflected in policy
statements, training programmes, or part of
organisational culture.
• When managers ignored, or contributed towards,
homophobic comments and incidents.
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Being the Gay One
• Unequal treatment, for example, when entering a
civil partnership.
• Discrimination in relation to their career
progression.
• Exclusion by their colleagues.
• Inappropriate questions or comments.
• Were subjected to, or overheard, homophobic
language.
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Being the Gay One
• Don’t disclose their sexual orientation to anyone.
• Modify their CV and omit any references to
anything that could indicate they are lesbian, gay
or bisexual.
• Become advocates and spokespeople for lesbian,
gay and bisexual rights, even though this can
“become quite tiring”.
• Leave the place of work and seek work where they
will experience less discrimination.
• Leave the sector entirely.
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Being the Gay One
• Better training.
• More robust and accessible policies.
• An increase in visibility of gay people, and access to role models.
• Effective disciplinary procedures where they would not be victimised if
they made a complaint.
• Their managers to understand the law, and the duties they have to
protect staff.
• Networks set up and supported on a local and national level so they felt
less isolated.
• The sector to recognise the impact that discrimination against staff will
inevitably have on effective patient care.
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GLADD
• Gay and Lesbian Association of Doctors
and Dentists
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Societal Context
• One in twenty of the UK population
identifies as lesbian, gay or bisexual.
• Heterosexuality is the most assumed
sexuality.
• Lack of awareness and understanding has
resulted in a lot of fear of isolation and
discrimination surrounding disclosure of
sexuality.
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Legal Context
• On 1st December 2003, Employment Equality
(Sexual Orientation) Regulations 2003 was
enacted across the UK.
• This meant that lesbians, gay and bisexual
employees became legally protected from
discrimination in the workplace.
• As UK’s largest employer, the NHS has a
responsibility to ensure its up-to-date with the
implications of this legislation.
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Health Context
• How many gay, lesbians and bisexual patients do
we have accessing our services ?
• How can we improve the service we provide to
gay men, bisexual men and women and lesbians?
• What are the health issues facing lesbians, gay
men, bisexual men and women in the local
population ?
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Health and Wellbeing
• “Mental Health and Social Wellbeing of Gay Men,
Lesbians, and Bisexuals in England and Wales” –
University College Medical School publication.
• Monitor particular experiences and satisfaction levels of
gay, lesbians, bisexual patients and put in place
mechanisms to respond appropriately to feedback.
• Continue awareness campaign to support elimination of
discrimination of those who may be most vulnerable.
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Healthcare Commission
• The Healthcare Commission (HCC)
Standard C7e.
• Expects everyone in the Trust to challenge
discrimination, further equality, diversity and
human rights and reducing inequalities in
healthcare.
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Penalties of Non-compliance
• From 1st October 2007, the new Commission for
Equality and Human Rights (CEHR) established
by the Equality Act 2006, will take over
enforcement and have responsibility for all six
strands of discrimination law (race, gender, age,
disability, religion and belief and sexual
orientation). For breaches of specific duties, the
CEHR has the power to issue compliance
notices.
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Definition of Sexual Orientation
• Sexual orientation in the Employment Equality
(Sexual Orientation) Regulations 2003 is:
• sexual orientation towards persons of the same
sex, persons of the opposite sex or persons of
the same and opposite sex.
• the Regulations apply equally to discrimination
and harassment of heterosexual people as to
discrimination and harassment of lesbians, gay
men and bisexual people.
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Who is Protected ?
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Actual and Prospective employees
Ex- employees
Apprentices
Some self-employed workers
Contract workers
Actual or prospective partners
People seeking or undertaking vocational training
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Territorial Scope of the
Regulation
• the employee or contract worker does his or her work wholly or
partly in Great Britain; or
• the employee or contract worker does his or her work wholly
outside Great Britain but the employer has a place of business at
an establishment in Great Britain, the work is for the purposes of
the business carried on at that establishment, and the employee
or contract worker is ordinarily resident in Great Britain when he
or she applies for or is offered the employment, or at any time
during the employment.
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Who is Liable ?
• Employers are liable under the Employment
Equality (Sexual Orientation) Regulations
2003 for sexual orientation discrimination in
recruitment, terms and benefits,
harassment and other detrimental treatment
during employment, dismissal and some
discrimination after employment.
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Acts of Discrimination
• done by the employer itself;
• done by its employees in the course of their
employment, whether or not the act is done
with the employer's knowledge or approval;
or
• done by an agent of the employer with the
express or implied authority of the employer
(whether given before or after the act).
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Reasonable and Practicable Steps
• An employer will have a defence to an act
of discrimination committed by one of its
employees if it can prove that it took such
steps as were reasonably practicable to
prevent the employee from doing that act,
or from doing in the course of his or her
employment acts of that description.
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Discrimination after the working
relationship has come to an end
• An act of discrimination committed after the
working relationship has come to an end
will be unlawful if it would have been
unlawful during the course of the working
relationship, where the act of discrimination
consists of subjecting someone to a
detriment, harassment or victimisation due
to their sexuality.
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Unlawful discrimination
• The Employment Equality (Sexual
Orientation) Regulations 2003 prohibit
direct and indirect sexual orientation
discrimination, harassment and
victimisation in the fields of employment
and vocational training.
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Direct discrimination
• The Employment Equality (Sexual
Orientation) Regulations 2003, regulation
3(1)(a) defines direct sexual orientation
discrimination as being where, on grounds
of sexual orientation, person A treats
person B less favourably than person A
treats or would treat other persons.
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Harassment
• The Employment Equality (Sexual
Orientation) Regulations 2003, regulation 5
defines harassment as being where, on
grounds of sexual orientation, person A
engages in unwanted conduct that:
• Violates a person’s dignity
• Creates intimidating, hostile, degrading,
humiliating and offensive environment
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Victimisation
• The Employment Equality (Sexual Orientation)
Regulations 2003, regulation 4 prohibits
discrimination by way of victimisation.
• An employee or contract worker (B) has the right
not to be treated less favourably than the
employer or principal (A) treats or would treat
other persons in the same circumstances by
reason that B has done a 'protected act'
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Genuine Occupational
Requirements
• The Employment Equality (Sexual Orientation)
Regulations 2003, regulation 7 contains an
exception from unlawful sexual orientation
discrimination in recruitment, promotion, or
transfer to, training for or dismissal from any job,
where a genuine occupational requirement
applies.
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Example of when GOR applies
• The position of Chief Executive of an
organisation advising on and promoting
gay rights.
• If the organisation can show that it is
essential to the credibility of the person
who will be the public face of the
organisation that he or she be gay.
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Special Exception in Regulation 7(3)
• where the employment is for the purposes of an
organised religion.
• This applies where the employer applies a
requirement related to sexual orientation so as to
comply with the doctrines of the religion or, because
of the nature of the employment and the context in
which it is carried out, so as to avoid conflicting with
the strongly held religious convictions of a significant
number of the religion's followers.
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Positive Action
• The Employment Equality (Sexual Orientation)
Regulations 2003 contain an exception from
unlawful sexual orientation discrimination in
relation to acts done in, or in connection with,
training to fit people of a particular sexual
orientation for particular work or encouraging
people of a particular sexual orientation to take
advantage of opportunities for doing particular
work.
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Equality Act 2006
• Under the Equality Act 2006, it is unlawful for
someone to discriminate against you because of
your sexual orientation
• in any aspect of employment
• when providing goods, facilities and services
• when providing education
• in using or disposing of premises, or
• when exercising public functions.
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Care and healthcare
• Providers of health and social care have a responsibility not to
discriminate against anyone, including lesbians, gay men and
bisexual people.
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• Example
A couple is refused fertility treatment because they are lesbians. This
is direct discrimination.
• Example
A doctor strikes a patient off his list because he comes out as a gay
man. This is direct discrimination.
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10 Point Action Plan
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Understand the law
Develop appropriate policies and practices
Communicate changes
Make a business case for diversity
Set up a lesbian, gay and bisexual network group
Gain support of senior staff
Tackle harassment and bullying
Manage performance fairly
Build a culture of respect
Monitor and evaluate policies and practices
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Other Action Points
• Do not ask personal questions unrelated to the job that
could be taken as an intention to discriminate unlawfully.
• Train managers and others involved in decision-making
processes such as recruitment and selection to ensure
that they are aware of issues that could arise in relation to
sexual orientation claims.
• Investigate any complaints of sexual orientation
discrimination promptly and seriously and take appropriate
action.
• Ensure that personal information is kept confidential.
• Consider monitoring by sexual orientation.
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Information
• The Gay and Lesbian Association of Doctors and
Dentists (GLADD) has produced a guidance on
avoiding sexual orientation discrimination.
• It includes information on:
• dignity at work for lesbian and gay students at
medical and dental schools;
• dignity at work for lesbian and gay doctors and
dentists employed by NHS trusts; and
• dignity at work for GLADD members.
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Information
• The British Medical Association (BMA) has
produced guidance that sets out the
legislation on sexual orientation
discrimination together with methods and
ideas for devising and implementing an
equality and diversity strategy for doctors.
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Questions and Answers
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Thanks for Listening
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