Meeting documents

Cabinet
Wednesday, 1st March, 2006

Appendix 3:

Definitions

Civil Partnership. From December 2005 same-sex couples who register their partnership have legal status as `registered civil partners' and acquire a package of rights and responsibilities in the same way as married couples.

Consultation. Consultation is a process by which the Council seeks the views of members of the general public and employees including individuals and groups who will be affected by particular policies or decisions.

Corporate Equality Policy/Corporate Equality Commitment. This is the Council's written commitment to promote equality in all aspects of its employment practices, service delivery, the way that it consults with the local community and any other activities it undertakes.

Direct Discrimination. Takes place where a person is treated less favourably than a person of another age group, disability status, gender, race, religion/belief system or sexual orientation etc would be in the same or similar circumstances.

Disability. The Council has adopted the definition of disability accepted by national and international representatives of organisations of Disabled people in all its practices. `Disability is the disadvantage or restriction of activity caused by contemporary social organisation which takes little or no account of people who have impairments, and thus excludes them from participation in the mainstream of society'.

"Disability is not caused by an individual's particular impairment, but the way in which society fails to meet their needs".

Discrimination. Treating a person or group less favourably than another person or group is treated, based on their age, disability, gender, race, religion/belief or sexual orientation etc... and it cannot be shown that the treatment in question was justified.

Diversity. Is about culture and the environment we operate in. Diversity recognises that differences are a natural part of society - and that these are viewed as a benefit not a threat. Diversity focuses on how to harness differences between people to drive forward excellence and creativity.

Elected Members (discrimination of). In the course of their work EM are expected to be challenged and criticised regarding their political views and decision making. This does not constitute discrimination. Discrimination covers the personal characteristics of the individual, not the Political position s/he is elected to.

Equal Opportunities Policy. The aim of an Equal Opportunities Policy is to ensure that all employees and users of services receive fair and equal treatment.

Equal Opportunity. Equal Opportunities is the provision of equal access for all people to opportunities for human rights, resources, work, power, security and well-being regardless of their differences from host, mainstream or dominant culture, without fear of discrimination or reprisal. It must be implemented interpersonally and institutionally through policy and positive action which redresses present inequalities and focuses on what people can do. It should inform every aspect of work practice and should be reflected in the actions of people and organisations.

Equality Standard for Local Government. The standard details five levels of achieving equality, and is a Performance Indicator for the Council. We have adopted the standard in the areas of age, disability, gender, race, religion or belief and sexual orientation.

Gender Identity. An individual's internal sense of being feminine or masculine. Since gender identity is internal, one's gender identity is not necessarily visible to others.

Genuine Occupational Qualification or Requirement. This is justifiable discrimination in employment. For reasons of privacy, decency or authenticity, a genuine job-related requirement may mean that it is lawful to advertise jobs specifically requesting people from one key group to apply.

Harassment. This is conduct which affects the dignity of individuals or groups of people at work. It includes unwelcome verbal, non-verbal and physical conduct that could amount to unlawful discrimination.1

Heterosexism. Is the bias exhibited by society or a community which assumes and expects that every individual is, lives and behaves as a heterosexual.

Homeless. Apart from legal definitions of homelessness, a broad general definition is often taken to include people who are either literally "roofless" or who are forced to live in insecure, overcrowded, dangerous, illegal or very temporary accommodation (e.g. bed & breakfast hostels, women's refuges, hostels, friends/relatives floors, squats, and women or men forced through lack of alternatives to remain in abusive situations).

Homophobia. Homophobia is the irrational hatred, intolerance, and fear of Lesbians, Gay Men and Bisexual people. These prejudicial feelings fuel the myths, stereotypes, discrimination and violence against people who are lesbian, gay or bisexual. Lesbians, Gay Men and Bisexual people who are socialised in a homophobic society often internalise these negative stereotypes and can develop some degree of low self esteem and self hatred. This can be described as internalised homophobia.

Impact assessment. Involves asking a series of questions to explore whether policies and functions affected some groups to their detriment in a way that other group are not, and if they are, whether any adverse impact is justified. Policies may need to be reviewed in the light of impact assessment.

Indirect Discrimination. Is caused by the application of requirements, rules or conditions (or custom & practice) which may initially appear to be fair but which, in effect, creates less favourable and unjustifiable treatment.

Institutional discrimination. The Collective failure of an organisation to provide an appropriate and professional service to people because of their age, disability, gender, race, religion/belief or sexual orientation etc. It can be seen or detected in processes, attitudes and behaviour which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness and stereotyping which disadvantage people. (This definition is based on the Stephen Lawrence Inquiry definition of Institutional Racism.)

Institutional Racism. 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. (This is the Stephen Lawrence Inquiry definition).

Local Labour Market. Residents from within the Bath and North East Somerset Unitary Authority area that are of working age, that is 16 - 59 for women and 16 - 64 for men, and who are able to work.

Oppression. Oppression is the term used to describe the way that various groups (e.g. Black and other ethnic minority people, women, lesbians and gay men, Disabled people, older people etc) are subordinated. The people who hold the power in our society use it to control these groups through highly developed structures of institutional discrimination. (West of England Coalition of Disabled People - Disability Terminology: A Glossary of Terms.).

Partner Agency. A statutory, voluntary or private organisation which is working with the Council under the terms of a partnership agreement.

Positive action. The term 'positive action' refers to a number of methods designed to counteract the effects of past discrimination and to help abolish stereotyping. Action can be taken to encourage people from particular groups to take advantage of opportunities for work and training, enabling them to compete on equal terms with other applicants. The selection itself must be based on merit and treat all applicants equally. This can be done when under-representation of particular groups has been identified in the previous year. Positive Action should not be confused with positive discrimination. Positive discrimination, which generally means employing someone because they come from a deprived group in spite of whether they have the relevant skills and qualifications, is unlawful.

Procurement. The Council purchases goods, facilities and services from external suppliers. The term `procurement' describes this contracting/purchasing process. The Council will ensure that all external contracts comply with the Council's equality policies and that we positively promote equality through the contracting process.

`Racial' group. Means a group of people defined by their race, colour, nationality (including citizenship), ethnic or national origins.

Racism. `...in general terms consists of conduct or words or practices which advantage or disadvantage people because of their colour, culture or ethnic origin. Its more subtle form is as damaging as its overt form'.

Racist Incident. A racist incident is any incident, which is perceived to be racist by the victim, or any other person. It may be perpetrated against individuals on the basis of their race, colour, nationality, culture, language or religion.

Reasonable Adjustment. The Disability Discrimination Act requires employers and service providers to take reasonable steps to prevent a disabled person from being at a substantial disadvantage because of any working arrangements or physical features of the premises. This is commonly known as the duty to consider the provision of "reasonable adjustment".

This process can also be applied to other areas of discrimination and describes changes to physical premises or working practices which remove the disadvantage they present.

Religion and Belief. A practice of collective worship, or a clear belief system, or a profound belief affecting a way of life, or world view.

Resident. A person who lives within the Bath & North East Somerset geographical boundaries.

Sexual Orientation. Everyone has a sexual orientation. Sexual orientation is a combination of emotional, sexual or affectionate attraction to another person. The majority of women and men are heterosexual and they experience attraction and seek partners of the opposite sex. Some women and men are homosexual and experience emotional, sexual and affectionate feelings exclusively towards members of their own sex - the terms Gay (for men and women) and Lesbian (for women) are used today to describe women and men who seek same-sex partners. Other women and men are Bisexual and experience emotional, sexual and affectionate feelings for both their own and the opposite sex.

Sexuality. Is often used interchangeably with sexual orientation - however it also describes the sexual nature of every human being.

Social Model of Disability. The `Social Model' has been developed by disabled people and changes the focus away from people's impairments and towards removing the barriers that disabled people face in every day life. In the main it is not the impairment that is the problem, or the disabled person, rather it is society's failure to take into account diverse needs. The Social Model shifts policy away from a medical, charity, care agenda into a rights led, equalities agenda.

Transgender. Transgender people have the physical characteristics of one sex and the psychological characteristics of the other. Many Transgender people `live' in their psychological gender, and may or may not undergo gender reassignment surgery.

Under-represented. This term refers to certain groups (such as disabled people or women) not being represented as employees or service users, at the levels that would be expected, given that group's overall representation in the local community.

Unrelated and Spent Criminal Convictions. The Rehabilitation of Offenders Act (ROA) 1974 enables some criminal convictions to become 'spent', or ignored, after a 'rehabilitation period'. A rehabilitation period is a set length of time from the date of conviction. After this period, with certain exceptions, an ex-offender is not normally obliged to mention the conviction when applying for a job or obtaining insurance, or when involved in criminal or civil proceedings. An Unspent Conviction is described as unspent if the rehabilitation period associated with it has not yet lapsed. A rehabilitation period is a set length of time from the date of conviction, according to the sentence imposed. An unrelated criminal conviction can be defined as a minor conviction which has no impact upon the individual's ability to meet the person specification, job description or service useage criteria (if such exists).

Victimisation. Victimisation is the unfair treatment of a person who has made complaints of discrimination or someone who has given evidence in a complaint.

Xenophobia. Is an irrational fear and contempt of strangers or foreign peoples, and often underpins racist actions and attitudes.

1 See the Council's Harassment & Bullying Policy