Equality Act 2010: Public Sector Equality Duty what do I need to know?

The Equality DutyThe Equality Duty has three aims. It requires publicbodies to have due regard to the need to:• eliminate unlawful discrimination,harassment, victimisation and any other conductprohibited by the Act;• advance equality of opportunity betweenpeople who share a protected characteristic andpeople who do not share it; and• foster good relations between people whoshare a protected characteristic and people whodo not share it.Having due regard means consciously thinkingabout the three aims of the Equality Duty as partof the process of decision-making. This means thatconsideration of equality issues must influence thedecisions reached by public bodies – such as in howthey act as employers; how they develop, evaluateand review policy; how they design, deliver andevaluate services, and how they commission andprocure from others.Having due regard to the need to advanceequality of opportunity involves considering theneed to:• remove or minimise disadvantages suffered bypeople due to their protected characteristics;• meet the needs of people with protectedcharacteristics; and• encourage people with protected characteristicsto participate in public life or in other activitieswhere their participation is low.Fostering good relations involves tacklingprejudice and promoting understanding betweenpeople who share a protected characteristic andothers.Complying with the Equality Duty may involvetreating some people better than others, as far asthis is allowed by discrimination law. For example,it may involve making use of an exception or thepositive action provisions in order to provide aservice in a way which is appropriate for people whoshare a protected characteristic – such as providingcomputer training to older people to help themaccess information and services.Taking account of disabled people’sdisabilitiesThe Equality Duty also explicitly recognises thatdisabled people’s needs may be different fromthose of non-disabled people. Public bodiesshould therefore take account of disabled people’simpairments when making decisions about policiesor services. This might mean making reasonableadjustments or treating disabled people better thannon-disabled people in order to meet their needs.ExampleA university might decide to providecar parking spaces for disabled studentsso that those who cannot use publictransport because of their impairmenthave equality of opportunity in accessto courses. Although non-disabledstudents might also want a parking space,they will not suffer the same degree ofdisadvantage without one.4