06 Equality

Question 1

What are the different types of discrimination?

Answer 1

1. Direct discrimination
2. Indirect discrimination

Question 2

What is the difference between direct and indirect discrimination?

Answer 2

Defined in the Equality Act 2010:

1. Direct discrimination - occurs if a person treats, or proposes to treat, someone unfavourably because of a personal characteristic protected by law
2. Indirect discrimination - occurs where a person imposes, or proposes to impose, a requirement, condition or practice that has or is likely to have, the effect of disadvantaging people with a protected characteristic, and that is not reasonable

Question 3

Give an example of a non-ambulatory disability?

Answer 3

Any disability that does not affect walking (e.g. hearing impairment, speech impairment, visual impairment, mental disability, learning disability, dexterous impairment)

Question 4

What legislation and regulations deal with disabled users of buildings?

Answer 4

1. Equality Act 2010
2. Approved Document M
3. BS 8300

Question 5

What is the purpose of the Equality Act?

Answer 5

Gives legal protection from discrimination in the workplace and in wider society, for example:

• At work
• In education
• As a consumer
• When using public services
• When buying or renting property
• As a member or guest of a private club or association

Question 6

When did the Equality Act come into force?

Answer 6

1st October 2010

Question 7

Does the Equality Act apply across the whole of the UK?

Answer 7

The Equality Act applies to all of the UK, except there are some exceptions to Scotland and Northern Ireland (see s.217)

Question 8

What legislation has the Equality Act replaced or absorbed?

Answer 8

1. The Equal Pay Act
2. The Sex Discrimination Act
3. The Race Relations Act
4. The Disability Discrimination Act
5. The Employment Equality (Religion or Belief) Regulations
6. The Employment Equality (Sexual Orientation) Regulations
7. The Employment Equality (Age) Regulations

Question 9

What are the protected characteristics the Equality Act protects?

Answer 9

1. Age
2. Disability
3. Gender reassignment
4. Marriage or civil partnership
5. Pregnancy and maternity
6. Race
7. Religion or belief
8. Sex
9. Sexual orientation

Question 10

What is a disability as defined by the Equality Act?

Answer 10

A person who has a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities

Question 11

Who has a legal responsibility to comply with the Equality Act?

Answer 11

1. Government departments
2. Service providers
3. Employers
4. Education providers
5. Providers of public functions
6. Associations and membership bodies
7. Transport providers

Question 12

How does the Equality Act impact on the built environment and construction?

Answer 12

Those with responsibilities under the Act must make all ‘reasonable adjustments’ necessary to improve services for disabled people, where such people would otherwise be disadvantaged compared to those without disabilities, which includes changing policies and making physical changes to buildings to improve access

Question 13

How would you assess ‘reasonableness’ under the Equality Act?

Answer 13

• What might be reasonable for one client, may not be reasonable for another
• Factors to consider:
  
  • the type of services being provided
  • the nature of the service provider and its size and resources
  • the effect of any disability on the individual disabled person
  • whether taking any particular steps would be effective in overcoming the difficulty that disabled people face in accessing the services in question
  • the extent to which it is practicable for the service provider to take the steps
  • the impact on the business
  • the financial and other costs of making the adjustment
  • the extent of any disruption which taking the steps would cause
  • the extent of the service provider’s financial and other resources
  • the amount of any resources already spent on making adjustments
  • the availability of financial or other assistance
  • the impact on the dignity of disabled people
  • the inconvenience caused to disabled people

Question 14

How do the requirements under the Equality Act differ from those under the Disability Discrimination Act?

Answer 14

• The DDA required changes to be made only where it would otherwise be ‘impossible or unreasonably difficult’ for a disabled person to use the service
• Under the Equality Act, only a ‘substantial disadvantage’ needs to be experienced

Question 15

How does the Equality Act impact planning authorities?

Answer 15

Under section 149, the public sector (which includes planning authorities), through the execution of their functions, have a duty to have regard to the need to:

• Eliminate unlawful discrimination, harassment and victimisation
• Advance equality of opportunity
• Foster good relations between communities

Question 16

How is the Equality Act enforced?

Answer 16

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Question 17

Who controls complaints under the Equality Act?

Answer 17

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Question 18

How does the complaints procedure work under the Equality Act?

Answer 18

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Question 19

How are offences under the Equality Act dealt with?

Answer 19

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Question 20

What is meant by ‘public authorities’ and ‘public functions’ under the Equality Act?

Answer 20

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Question 21

What is the significance of ‘requests for information’ under the Equality Act?

Answer 21

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Question 22

How would you advise your client on his duties as a service provider under the Equality Act?

Answer 22

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Question 23

What impact does the Equality Act have if you were undertaking design for the conversion of a listed building?

Answer 23

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Question 24

A pub landlord has a busy small city centre pub, accessed by 4 steps and insufficient space for an external ramp. How would you advise him?

Answer 24

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Question 25

A supermarket premises has three cash machines. What duties does the supermarket have? What duties do the respective banks have?

Answer 25

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Question 26

A shop is inaccessible for wheelchair users but the shop keeper suggests a home delivery service, which is also available to all customers at an additional charge. Could the shop keeper also charge the wheelchair using customers?

Answer 26

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Question 27

An RAF base has a guardhouse, barracks, hangers, offices and radio rooms. Might it have duties under the Equality Act and if so what are they?

Answer 27

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Question 28

A man is injured in a sporting accident. He has a cast on and walks with crutches. What protection is afforded him by the Equality Act?

Answer 28

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Question 29

Your client is a junior and grammar school, which is both privately and publicly funded and has pupils between 8 and 18 years of age. What obligations does it hold in respect of the Equality Act?

Answer 29

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Question 30

A housing association rents out accommodation to families. It also provides sheltered accommodation for vulnerable people and has offices. What action should they take to address the Equality Act?

Answer 30

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Question 31

What duties and obligations does your employer hold in a typical office scenario?

Answer 31

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Question 32

Why is it important to undertake an access statement?

Answer 32

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Question 33

In what circumstances and in what way would refurbishment works have to conform to Part M?

Answer 33

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Question 34

What are the key defences a service provider may rely on for not removing physical barriers when challenged?

Answer 34

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