Equality Act compliance, specifically concerning the public sector, means that public authorities must adhere to the public sector equality duty, in addition to their general duty not to discriminate. This duty mandates proactive measures to promote equality.
Understanding the Public Sector Equality Duty
The Equality Act 2010 places a specific duty on public authorities, known as the Public Sector Equality Duty (PSED). This duty goes beyond simply avoiding discrimination; it requires public bodies to actively consider equality in their day-to-day operations and decision-making processes.
The PSED has three main aims (sometimes referred to as the "general duty"):
- Eliminate unlawful discrimination, harassment and victimisation: Public authorities must take steps to prevent and address these issues.
- Advance equality of opportunity between people who share a protected characteristic and those who do not: This involves considering how policies and practices can help reduce disparities and promote equal chances.
- Foster good relations between people who share a protected characteristic and those who do not: This includes promoting understanding and respect between different groups.
Who is Subject to the PSED?
The PSED applies to a wide range of public authorities, including:
- Government departments
- Local authorities
- NHS bodies
- Schools and universities
- The police
It's important to note that private organisations and individuals are not subject to the PSED, although they still have a duty not to discriminate under the Equality Act 2010.
Practical Implications of Compliance
To comply with the PSED, public authorities must:
- Consider equality in decision-making: Equality considerations should be integrated into all relevant policies, procedures, and decisions.
- Assess the impact of policies on equality: Equality Impact Assessments (EIAs) can help identify potential discriminatory effects and inform adjustments.
- Publish equality information: Public authorities must publish information to demonstrate their compliance with the PSED.
- Set equality objectives: They should set specific and measurable objectives to advance equality and address identified inequalities.
Key Takeaways
- Equality Act compliance for public authorities involves actively promoting equality, not just avoiding discrimination.
- The Public Sector Equality Duty (PSED) is a key component of compliance.
- Private organizations and individuals are not subject to the PSED, but they still must adhere to the non-discrimination aspects of the Equality Act.
