Section: / Topics: / Page:
1.0 / Introduction to EqIA’s / Effect and Impact / 2
2.0 / Processes to Follow / 4
3.0 / Performing EqIA’s – Nine Stage Process / 8
4.0 / Tips for completing EqIA’s / 13
5.0 / LSBU EqIA Documentation / 14
Appendix 1 / Legislative Framework / Equality Schemes / 18
1.0: Introduction
What is an Equality Impact Analysis EQIA ? (Formally known as an Equality Impact Assessment)
An EqIA is a systematic analysis of LSBU policies, procedures, projects or functionswith the aim of identifying the potential affector impact its activities may have on the different groups of people we deal with.
For the purposes of performing an EqIA, you will need to consider the impact of the University’sactivities on ‘Equality Groups’.
Equality groups are people of a different Race, Gender, Religion/Belief, Sexual
Orientation,Age, Marital Status, people who are Disabled, people who are planning to
undergo, or have undergone Gender Reassignment and women who are Pregnant
(Pregnancy) or have recently given birth(Maternity).
Why do we need to perform Equality Impact Analysis ?
In addition to any internal visions and strategies, all public sector organisations have a legal duty to both avoid discrimination (less favourable treatment) and to positively promote equality. A summary of legislative obligations and duties are detailed in Appendix 1 of this guide.
Additionally, many forms of disadvantage or discrimination can be unintentional, indirect or even hidden within an organisation’s activities i.e. they are not always immediately obvious or easy to recognise.
Performing Equality Impact Analysiswill allow you to both identify any potential risks of discrimination or disadvantage that may exist and to agree the actions you may take to remove or reduce this risk.
1.0: Introduction
What is meant by affect or impact ?
An Equality Impact Analysis considers three types of impact or affect:
1:Where an activity has aNegative or Adverseimpact on a particular
group (or groups) of people.
Example: A policy of providing a students handbook in English only will have a
Negative Impact on all students who do not read English. This policy is therefore
likely to have an Adverse Affecton people of a different Race and people who have
certainDisabilities.Performing an EqIA on this policy will expose this adverse impact
and will allow the policy to be amended to remove or to lessen the risk of
disadvantage or discrimination.
2:Where an activity has a Neutral Impact i.e. it either applies to all
Equality Groups equally or has no/limited impact.
Example, a policy requires all communal areasin halls of residence buildings
to be non smoking. This policy applies equally to allstudents and does not appear to
have any differential impact on any particular group(s) of people.
3:Where an activity has a Positive Impact on a group of people.
Example. Installing a ramp to allow wheelchair access to a University building has a
Positive Impacton certain groups of Disabled people.The installation of this ramp
does not appear to have any consequential negative impact on any other groups of
people.
*:All examples usedwithin this document are fictitious and are used for illustrative purposes only
2.0: Process:
How is an Equality Impact Analysis Completed ?
There are three stages to the EQIA process.
Stage One: Selection:
By way of guidance, all policies, functions, services and projects that directly or indirectly involve people should be initially screened (see below).
It is also important to consider how policies or activities may be interrelated. For example, effectively screening one policy may involve referring to others. It is important to include, as part of the analysisprocess, a consideration of how activities effectone another.
Do I Include New Functions and Projects ?
Yes. Equality Impact Analysis can prove to be a very useful tool when planning and scoping new activities as it allows those involved, to consider equality issues at an early stage of a planning or project cycle.
2.0: Process (continued)
How is an Equality Impact AnalysisCompleted ?
Stage Two: Initial Screening:
Once you have selected an activity to be assessed, your first task is to perform an Initial Screening. This is a summary analysis with the aim of identifying if the selected policy function, service or project has any potential equality impact oraffect (negative, neutral or positive) on Equality Groups.Initial Screeningis therefore a brief process and is designed to avoid devoting unnecessary time and resourcesto performing full Equality Impact Analysis on policies or activities when it is clear there is likely to be no potential equality implications.
Example. The University have a maintenance policy which states that lifts in the office are serviced twice a year out of working hours. An Initial Screening of this policy indicates that there are no or limited equality implications and that a Full Impact Analysiswill not be required.
Where an Initial screening indicates that there are no likely equality implications, no further action will be required and a Nil Impact declaration is completed by you for final approval and sign off.
2.0: Process (continued)
Stage Three: Full Impact Assessment:
Where an Initial Screening of an activity has identified any potential impact on Equality Groups, a Full Equality Impact Analysis(EqIA) is required.
Example. A complaints policy requires students to place any complaints in writing and in English. An Initial Screening identifies that this could disadvantage certain groups of people and anEqIAis performed: The EqIAidentifies the following risks:
How does the policy, service, project or function adverselyimpact on the following groups:
Group: / Evidence:
Race
(All races)
/ Asking complainants to place a complaint in writing could disadvantage people for whom English is not their first language. This is likely to have a greater adverse impact on minority racial groupsthan non minority groups and may therefore be considered discriminatory.
Gender
(Including Marital Status, Gender Reassignment and Pregnancy /Maternity / None identified.
Disability / There is a risk of discrimination and disadvantage to students with learning disabilities who either cannot write or find it more difficult to express themselves in writing
than a non disabled person.
Sex. Orientation / None Identified
Religion / Belief / None Identified
Age / None Identified
2.0: Process:
Stage Three: Full Impact Assessment: (continued)
The example overleaf illustrates the hidden and sometimes complex nature of certain types of discrimination and disadvantage. The impact, effects and implications of an activity on Equality Groupsmay not always be immediately apparent.
Performing EqIAs should therefore be a creative and not a purely systematic process. It can often require lateral thinking, imagination and consultation with others within LSBU to identifythe effect or impact our activities may have on others.
Example: A University training department have a policy to accommodate the needs of disabled delegates. Thepolicy states that when a delegate attending a course has a visual impairment, the trainer must read out every word on all handouts or slides used within the course to accommodate their disability. This policy therefore has a Positive Impact on certain groups of disabled people.
However, an imaginative Analysisof this policy may also indicate that this could have an Adverse Impacton other delegates (from different Equality Groups) on the course who do not require all slides and handouts to be read to them. This may cause frustration, disadvantage and may possibly affect their quality of learning.
You therefore recommend that the policy is revised. You propose that the training department is made aware, in advance of any disabilities and a support worker is provided to work, on a one to one basis, with the disabled delegate on the day.
This revision allows the policy to provide Positive Impact whilst also removing any Consequential Adverse Impact.
3.0 NineStages to completing Equality Impact Analysis:
This section provides guidance notes for completing an Equality Impact Analysisand breaks the process down into nine key stages (shown above).
Note that the first three stages represent the preparation recommended before commencing any Initial Screening or further Analysiswhereas Stages 4 - 9 deal with the analysisprocess itself.
3.0: Nine Stages to completing Equality Impact Analysis:
Before commencing the Equality Impact Analysisprocess, ensure that you clearly understand the aims or objectives of the activity in question. A thorough and clear understanding of why the activity exists and what it designed to achieve must always beat the forefront of your mind when preparing for or performing an EqIA.
If the aims are not clear, it may be appropriate to seek further advice, for example from the person responsible for a policy or function before proceeding further.
Consider what information is already available in relation to the activity being assessed. It is generally good practice to research this information in advance of any analysiswork. Examples of relevant information include: student surveysor satisfaction reports, any available equality and diversity statistics of the people likely to be affected by the policy, information relating to the diversity of employees, students contactors etc.
3.0: Nine Stages to completing Equality Impact Analysis
:
The final stage of preparation is to consider what other information may be available to assist you when performing your Initial Screening or assessment. Once again, a key factor is to consider the groups of people most likely to be affected by the activitybeingassessed.
Examples of relevant information include: national and local demography statistics (indicating breakdown of minority groups), information relating to student profiles, information from other HE establishments etc.
The aim of Initial Screening is to identify if the activity being assessed has any potential equality impact or effect on Equality Groups. This is performed using an Initial Screening Documentation.
Tip:Remember that Equality Groups can be Internalpeople(e.g. employees and studentsand External people (e.g. freelance staff and contractors.
External people also include people who apply to LSBU for courses and employment.
3.0: Nine Stages to completing Equality Impact Analysis
Proposed changes to policies, projects, functions or services should not generally be used as a reason for not performing an EqIA. It is not therefore an important pre Initial Screening consideration.
Proposed changes shouldhowever be considered post Initial Screening.The table below details recommended actions where changes are proposed and may effect the outcome of an EqIA.
Post Initial Screening Actions If Changes to the Activity are ProposedFull EQIA is
required as a
result of Initial
Screening? / Changes to
the assessed
activity are
proposed ? / Recommended Actions:
/ / No further action required at this
stage.
/ / Perform a further Initial Screening
after the changes are proposed.
Check those responsible for
implementing the changes are
considering equality implications.
/ / Perform full EqIA as required.
/ / If changes are imminent. Perform
EqIAafter changes are implemented.
Consult with others where this may
cause unnecessary delay.
3.0: Nine Stages to completing Equality Impact Analysis
Stage Six: Full Equality Impact Analysis:
Where an Initial Screening process has identified some likely affect or impact on Equality groups, a full EqIA is required. This is performed using LSBU Equality Impact Analysisdocumentation. (Pleasesee Section 4.0 of this document for completion instructions).
The EqIAdocument and process has four aims:
4.0: Tips for completing Equality Impact Analysis
Do’s / Dont’s
Prepare by gaining as much
background information about
the activity as you can / Make assumptions about
missing or incomplete
information
Research internally and
externally utilising some of the
external contacts / Forget to consider potential
students applicants or employees.
EqIA’s must include all
application processes.
Consider each of the Equality
Groups separately. Think
laterally and search hard for
hidden disadvantages / Use stereotypes when assessing. e.g. Race does not mean BME groups. Sexual Orientation is not gay people etc
Keep the aims / objectives of the activityfirmly in your mind whilst
assessing
. / Assess policies, functions, projects or services you do not understand fully
Consult with a cross section of people who may be effected or impacted by the activity (internally and externally) / Ignore data that may initially appear irrelevant e.g. student complaints, labour turnover etc
Set realistic and time bound actions / Commit yourself or others to unrealistic deadlines or actions
5.0 LSBUEQIA Documentation:
5.0 LSBUEQIA Documentation:
Section: / Comments:
1.1 / Enter your details i.e. name contact information etc
1.2 / Enter the title of the activity being assessed. In the case of policies or procedures, you should attach a copy. In the case of projects, services or functions, consider other relevant information to attach e.g. handbooks, guides, service policies etc.
1.3 / List if the activity is new, existing or changing and in the case of policies, the date of issue. If a policy is part of a family of policies, or where the activity impacts on other, please list the related activities or policies. .
1.4 - 1.5 / List the aims, objectives and principle functions of the activities being assessed
1.6 / List who the activities involve. This can be employees, volunteers, board members, students, service users, job applicantsand members of the public
1.7 / List how the activities success is currently measured e.g. internal targets, financial budgets etc
1.8 / Enter details of any Equalities Data used (this is explained on the document)
1.9 / List any recorded consultation that has taken place with any of the people who may be affected / impacted by the activity
2.0 – 2.1 / Answer Yes or No to the questions listed. If you are unsure, further work may or research may be required before continuing
2.2 / Assess and record details of any Positive Impact or effect the activity might have on Equalities Groups (Positive Impact is defined on page four of this guide)
5.0 LSBUEQIA Documentation:
Equality Impact AnalysisDocuments: Sections 2.4 – 2.3Section: / Comments:
2.3 / Answer Yes or No to the questions listed. If you are unsure, further work may or research may be required before continuing
2.4 / Assess and record details of any Adverse Impact or effect the activity might have on Equalities Groups (Adverse Impact is defined on page four of this guide)
3.1 / Answer these questions by referring to your Equality and Diversity Strategy and other related policies / guides
3.2–3.3 / Answer these questions by consulting with, if necessary the policy holder or the person(s) responsible for the activity in question
4.1 / Detail the actions or recommended actions required as a result of performing this EqIA. If you are unable to commit, on behalf of others definite dates. State who needs to confirm this and list this as an action in itself.
4.2 / List how the actions proposed in your Analysisshould be monitored and reviewed. State who will be responsible for monitoring and details of any objective measurers/targets etc that could be used to indicate success.
5.1 / When completed, your EqIA should be distributed to the people detailed within the EqIA document to be ‘Signed Off’.
Appendix One: Legislative Framework:
Overview:
As of October 2011the law prohibits discrimination towards people on the grounds of Gender, Gender Reassignment, Marital Status, Pregnancy / Maternity, Race, Disability, SexualOrientation, Age and Religion or Similar Belief systems. (See ‘Table A’on page 19).
Discrimination can be defined as “Less favourable treatment which cannot be objectively justified”.Discrimination can be Direct i.e.where it directly affects people (or groups of people)and Indirect – this is usually where policy or procedure has a consequential affect on people.
Example: A job which is only advertised as a full time post may Indirectly Discriminate against women as statistically, women are much more likely to work part time than men. The job advert would not be discriminatory if the organisation could prove (objectively) that the post could only be open to full time applicants.
Justifiable Discrimination:
Although discrimination is often difficult to justify, there are certain circumstances where less favourable treatment will be allowed - especially when it allows an organisation to pursue its legitimate aims
Example: A women’s refuge housing association have a policy to only admit female tenants. Whilst this policy, is, on the face of it, discriminatory, the discrimination would probably be permissible as it is part of the organisations to pursuance of its legitimate aims.i.e: women’s refuge housing,is, by definition, designed to designed to meet the needs of certain women and admitting male tenants could place the entire service being provided at risk.
*: Source: Equal Opportunities Commission 2007
Appendix One: Legislative Framework:
Duty to Positively Promote:
Discrimination is often a reactive affair. E.g.an action occurs and a complaint is made. It is subsequently decided that the action in question is discriminatory and the discriminator reacts to this decision.
Example: An organisation places an advert for security officers. It states that applicants must be at least 5 feet ten inches tall. A man from a particular racial group complains this requirement represents discrimination as the majority of men from his particular racial group are less than 5 feet ten inches tall. The advert is investigated, considered discriminatory and the organisation reacts to this by removing the height requirement from the advert.
Certain aspects of discrimination law have now been amended to contain Proactive elements. In some circumstances, a duty is placed on organisations to take both anticipatory steps to prevent discrimination occurring in the first place and to positively promote equality (See pages 20-21 of this document).Proactive discrimination legislation is directly linked to the process of performing EqIAs.
Example: An organisation places adverts for security officers. It states that applicants must be at least 5 feet ten inches tall and the company have received no complaints about their advertising methods.The company performs an Equality Impact Analysis(EQIA) on their recruitment policy. The EqIA identifies that the height restriction has an adverse impact on a number of different Equality groups – including people from a particular racial group who would find it harder to comply with this requirement. The height requirement is removed from the policy (and subsequent adverts) and the company place a revised advert in a number of publications including a magazine predominantly read by the racial group identified as being previously disadvantaged. The latter action is an example of positively promoting equality.