Enforcing the Equality Act

[RedToothBrush]

www.parliament.uk/business/committees/committees-a-z/commons-select/women-and-equalities-committee/news-parliament-2017/equality-act-role-of-ehrc-report-published-17-19/
Fundamental shift needed for enforcing the Equality Act

The Women and Equalities Committee publishes report on Enforcing the Equality Act: the law and the role of the Equality and Human Rights Commission.

The individual approach to enforcement of equality law is no longer fit for purpose, says the Women and Equalities Committee in the report of its year-long inquiry.

The report argues against relying on the individual approach, dating back to the 60s and 70s, and recommends that this must be replaced by a new approach which provides a sustainable deterrent and tackles institutional and systemic discrimination.

While individuals must still have the right to challenge discrimination in the courts, says the Committee, the system of enforcement should ensure that this is only rarely needed: this will require a fundamental shift in the way that enforcement of the Equality Act is thought about and applied.

Recommendations from the Report
The report’s main recommendations are:

Develop a ‘critical mass’ of cases to inform employers and organisations about their legal duties and make adherence to existing equality law a priority for all organisations
Move away from relying so heavily on the current model of using individual litigation to create precedents
Make obligations on employers, public authorities, and service providers explicit and enforceable
Ensure that all who have powers to change the way in which employers, public bodies and service providers operate use their powers to eliminate discrimination and to advance equality
The EHRC must refocus its work and be bolder in using its unique enforcement powers.
The Committee recommends that the Government’s Labour Market Enforcement Director should play a fundamental role, alongside the proposed new single labour market enforcement body.

If such bodies acted consistently on their obligations, then the EHRC could become the strategic enforcer that it should be.

Finally the report recommends that the Government must also make this fundamental shift in the way that enforcement of the Equality Act is thought about and applied.

I'm yet to delve into the report itself, but I do wonder about the EHRC itself and its capability to do this and the danger of it having too much power and being at risk of regulatory capture, and I wonder whether this will give lobby groups more power too - which might be either good or bad from a woman's point of view.

I think it's probably accurate to say there is an issue over enforcement of the Equality act, but part of that is down to definitions and understanding of what the equality acts is supported to do not being well understood.

I have mixed feelings about this and am unsure if it's good or bad.

What is a single-sex service?

157. When reading through the evidence on this issue, it struck us that different people were using the term ‘single-sex’ in different ways. For some, references to single-sex or women-only services meant services that did or would apply the exceptions to exclude trans women. One submission from a member of the public who described herself as “a woman who is increasingly concerned about the erosion of my rights” stated that “[a]s soon as you say that transwomen are women, single sex spaces become mixed sex.”174 Another individual, who described themselves as a “PTSD sufferer whose symptoms are triggered by males” felt that:

When a previously single sex provision becomes single gender it then it also becomes mixed sex, and unsafe for me and the multitudes of other women like me.175

158. Others were equally clear in their view that the inclusion of trans women had no effect on the single-sex status of an organisation.176

If you go to the footnote 176 you discover that these 'others' are -

1. Stonewall - nuff said.

2. Diana James - the TW from the Cornwall refuge who is quite heavily quoted in this report.

Diana James seems to have a problem with boundaries generally.

www.mumsnet.com/Talk/womens_rights/3593346-DV-Select-Committee-contributor-wants-to-browse-adult-sites-on-train-wifi

DoctorW - It is also crucial that the scope of the new guidance moves beyond just women's refuges. Women and girls their sex based rights to privacy, safety and fairness in all areas of life. Sports, changing rooms, prisons, overnight accommodation, intimate care etc.

This is really important. We cannot have a system where the only single sex services allowed are those provided specifically for women who have been abused and/or raped (and who are prepared to disclose it).

1. we are all entitled to pivacy, dignity and safety, as well as fairness in sport

2. the women who need refuges and rape crisis services also need to use mainstream services. Are they suddenly less vulnerable because they have dared to go out and use a women's gym or changing room?

A new Code that only afforded protection to women accessing services for victims of male violence would be the services equivalent of the benefits rape clause.

Excellent points Pencils.

What does "case by case" look like in practice? Who decides, and how - can women have a say anonymously without giving any reasons if they object? And what about future service users - are you going to put each new user on the spot and ask her to agree to mixed sex?

A new Code that only afforded protection to women accessing services for victims of male violence would be the services equivalent of the benefits rape clause.
Exactly.

Case-by-case doesn't take into account the women. Never takes into account the women for whom the service is set up.

Thanks Red really appreciate your time on this thread. Placemarking for later.

158. Others were equally clear in their view that the inclusion of trans women had no effect on the single-sex status of an organisation.176

In this instance Stonewall and James are just straight up lying to the committee. Nobody can change sex and there are plenty of examples of the effect on W&G.

Sue Pascoe seems unhappy with the EHRC

When did the EHRC take the position of taking away rights from trans people?

I do agree with Sue that EHRC needs new leadership. I was deeply unimpressed when I watched this evidence session -

parliamentlive.tv/Event/Index/0e490cbe-e2fa-4735-a281-9e94c2d9307a

• and the overall impression I got from the report is that they're just not doing very much of anything.

I can't stand Maria Miller but this clip is one of the highlights of the inquiry for me. She gives them a Proper Telling Off -

parliamentlive.tv/event/index/0e490cbe-e2fa-4735-a281-9e94c2d9307a?in=11:30:00&out=11:32:58

Hmm, Pencils, they really aren't very impressive, are they.

Watching that left me feeling completely underwhelmed.

If that's the body with statutory powers, who are experts, then no wonder it's so difficult for people to be treated fairly and in accordance with the EA.

Red thank you for taking the time to post this.