Diversity is the practice of including or involving people from a range of different social or ethnic backgrounds and of different genders and sexual orientations .
Inclusion is the practice of providing equal access to opportunities and resources for people who might otherwise be excluded or marginalised , such as those who have physical or mental disabilities and members of minority groups .
Prejudice relates to beliefs – the beliefs you hold about others , and how they shape your view . They may not be formed by accurate facts but by what you believe to be true .
Discrimination can be on the grounds of just one single protected characteristic or a number of unrelated characteristics ( for example , if an employee is female and of a particular age ). In these circumstances , each characteristic would be considered separately .
An employee can make a discrimination claim against a company and named individuals . Discrimination is about action – doing something that demonstrates you either discriminate against others or condone the discriminatory practices of others .
An employer can be held vicariously liable for the discriminatory actions of employees towards colleagues . However , it would be a defence if the company could show it took all reasonable preventative steps .
Employers can also be held liable for discrimination and harassment that takes place at work-related social events or functions , if the event can be classed as an extension of the workplace .
Harassment is unwanted conduct related to a relevant protected characteristic , which has the purpose or effect of violating an individual ' s dignity or creating an intimidating , hostile , degrading , humiliating or offensive environment for that individual .
Bullying is offensive , intimidating , malicious or insulting behaviour , or an abuse or misuse of power through means that undermine , humiliate , denigrate or injure the recipient .
Unless the bullying amounts to harassment , it is not possible to make a complaint to an employment tribunal , but it is still unlawful . There may be a breach of contract in these circumstances , as the employer is responsible for the health , safety and welfare of all employees at work .
Victimisation is bad treatment directed towards someone who has made ( or is believed to have made ) or supported a complaint under the Equality Act .
Examples of how the Equality Act relates to protected characteristics
AGE
Age discrimination legislation protects employees from discrimination on the grounds of them being ‘ younger ’ or ‘ older ’. There may be a circumstance where discrimination can be justified and the law refers to this as a ‘ proportionate means of achieving a legitimate aim ’. There are also some exceptions and exemptions relating to , for example , the national minimum wage , redundancy payments , insurance and pensions .
DISABILITY
Disability discrimination isn ' t always direct . It can be indirect , by association and by perception . You ' re deemed disabled under the Equality Act if you have a physical or mental impairment that has a ‘ substantial ’ and ‘ long-term ’ negative effect on your ability to undertake normal daily activities . This definition is important , as what constitutes a disability can be varied and difficult to define . Two people could have the same condition , but they may not both be classed as disabled . However , it is always good practice to support an employee with a health condition , regardless of whether they are considered disabled .
A progressive condition is one that gets worse over time . People with progressive conditions can be classed as disabled . However , you automatically meet the disability definition under the Equality Act from the day you ' re diagnosed with HIV infection , cancer or multiple sclerosis . It is also worth noting that there are special rules for fluctuating and recurring conditions .
Neurodiversity refers to the different ways the human brain works and interprets information . The term is often associated with autism ( including Asperger ' s syndrome ), dyslexia , dyspraxia , attention deficit hyperactivity disorders and Tourette ' s syndrome . Around 15 % of people are estimated to be neurodivergent . It is usually recognised as a disability under the Equality Act .
There are two additional types of discrimination that apply to disability : ‘ failure to make reasonable adjustments ’ and ‘ discrimination arising from disability ’ Employers are required to make reasonable adjustments for a disabled employee . This is a change or adaptation to the physical or working environment , which removes or minimises the impact of the individual ' s impairment .
Employers are accountable for deciding what reasonable adjustments will be made , and it is good practice for employers to seek advice about this . Employers should also discuss the matter with the disabled employee ( or job applicant ). Adjustments don ' t have to be excessive – they can often be simple and inexpensive . In law , the adjustments have to be ‘ reasonable ’.
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