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Equality Bill: new amendments agreed by Committee MPs
The Equality Bill was amended to make clear that treating a woman unfavourably because of pregnancy or maternity - at work or in shops and public services - is unlawful and cannot be justified.
A new ‘dual discrimination’ clause was also inserted into the Bill to allow people directly discriminated against because of a combination of two protected characteristics to make a claim.
This would mean, for example, that a black woman who is discriminated against because her employer has a particular stereotyped attitude towards black women – as opposed to black men or white women – could bring a single claim for combined race and sex discrimination.
Vera Baird, Solicitor General and Equality Bill Lead Minister, said:
“We are determined to strengthen the Bill to make it absolutely clear that discrimination against pregnant women and new mothers cannot be justified. Protection against ‘dual discrimination’ is also a progressive step forward in fighting discrimination, giving people access to justice when they experience this particular type of discrimination which can be caused by stereotyped attitudes.
“The successful completion of the committee scrutiny process means the Equality Bill is making good progress and we are a step closer to creating a more equal society.”
The committee debated key areas in the Equality Bill including equal pay, gender pay gap reporting, positive action, the public sector Equality Duty, age discrimination, the socio-economic duty on public authorities, the definitions of gender reassignment and disability, and the balance between competing rights such as sexual orientation and religion or belief.
The Equality Bill will now go to the Report stage in the House of Commons, when all MPs will be given the opportunity to debate and propose further amendments to the Bill.
The majority of the Equality Bill should come into force by Autumn 2010, subject to its progress through Parliament. This is the earliest anticipated commencement date following Royal Assent.
More details of the Equality Bill are in “A Fairer Future” which can be viewed at: www.equalities.gov.uk
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NOTES FOR EDITORS
* The Bill will simplify the law which, over the last four decades, has become complex and difficult to navigate. Nine major pieces of legislation and around 100 other measures will be replaced by a single Act written in plain English to make it easier for individuals and employers to understand their legal rights and obligations.
* The Equality Bill will strengthen our equality law by:
*
Introducing a new public sector duty to consider reducing
socio-economic inequalities;
* Putting a new Equality Duty on
public bodies;
* Using public procurement to improve
equality;
* Banning age discrimination outside the workplace;
* Introducing a power to require gender pay reports;
*
Extending the scope to use positive action;
* Strengthening
the powers of employment tribunals;
* Protection from
discrimination for people who are, for example, associated with
disabled people or people of a particular age or who are wrongly
perceived to be transsexual
* Introducing protection against
dual discrimination;
* Clarifying that breastfeeding mothers
are protected against discrimination;
* Banning discrimination
in private clubs; and
* Strengthening protection from
discrimination for disabled people.
* The Equality Bill will, in general, cover England, Scotland,
and Wales. Northern Ireland has its own equality
legislation.
* The Government published two consultations on
how to implement parts of the Bill. The first consulted on
proposals for specific duties on public authorities. The second
consulted on ending age discrimination in services and public
functions.
* The Equality Bill will replace the Equal Pay Act
1970, the Sex Discrimination Act 1975, the Race Relations Act
1976, the Disability Discrimination Act 1995, much of the Equality
Act 2006, the Employment Equality (Religion or Belief) Regulations
2003, the Employment Equality (Sexual Orientation) Regulations
2003, the Employment Equality (Age) Regulations 2006, and the
Equality Act (Sexual Orientation) Regulations 2007 (where
applicable, as subsequently amended), plus other ancillary pieces
of legislation.
* The Government Equalities Office is
responsible for the Government’s overall strategy, legislation and
priorities on equality issues. It was established in October 2007.