Submissions
Kate Hepher
Discrimination Law Review Team
Women and Equality Unit
Department for Communities and Local Government
Ashdown House
123 Victoria Street
London
SW1E 6DE
04.09.07
Dear Ms Hepher,
EQUITY RESPONSE TO THE DISCRIMINATION LAW REVIEW
A Framework for Fairness: Proposals for a Single Equality Bill for Great Britain
1. I am writing on behalf of Equity in response to the current consultation being conducted by the Department for Communities and Local Government, which sets out the Government's proposals for a Single Equality Bill for Great Britain. We welcome the opportunity to respond to the consultation document.
2. Equity is a trade union representing 37,000 performers and creative personnel who work across the whole spectrum of entertainment in the UK, including visual broadcasts, sound recordings, film and live performance.
3. The proposal outlined at Part 1, Chapter 1, Paragraph 1.70 of the consultation document is of particular relevance to our members who are employed in dramatic performance or other entertainment.
4. Currently Section 7 (2) Sex Discrimination Act 1975 provides that 'Being a man [or woman] is a genuine occupational qualification for the job only where: (a) the essential nature of the job calls for a man for reasons of physiology (excluding physical strength or stamina) or, in dramatic performances or other entertainment, for reasons of authenticity, so that the essential nature of the job would be materially different if carried out by a woman;"
5. Similarly, Section 5 (2) Race Relations Act 1976 states that 'Being of a particular racial group is a genuine occupational qualification for a job only where: (a) the job involves participation in a dramatic performance or other entertainment in a capacity for which a person of that racial group is required for reasons of authenticity;'
6. Provided that the proposed Genuine Occupational Requirement test for all the grounds of discrimination, with the exception of disability, delivers the outcome explicitly stated in these Sections, Equity does not think there is a need to retain the separate genuine occupational qualifications listed in the SDA and RRA. What is essential for our members is that the proposed Genuine Occupational Requirement test provides for authenticity in dramatic performance or other entertainment.
7. Equity believes that this should be made clear in any Guidance to the new Single Equality Act, which should specifically include dramatic performance and other entertainment as an example of what might constitute a Genuine Occupational Requirement.
8. We believe that subject to the above, the proposed Genuine Occupational Requirement test could potentially have a positive artistic impact as it may support employers to pursue a policy of integrated casting. Equity strongly advocates a policy of integrated casting, which we believe can co-exist with a practically and narrowly construed Genuine Occupational Requirement test.
9. In addition to these Sector specific comments, Equity supports the principle of bringing together the raft of discrimination law in a more consistent and coherent way, provided that existing rights and protections are not undermined.
10. We believe that a Single Equality Act should contain a clear purpose clause to ensure that the aims and objectives of the Act are plainly stated and understood.
11. We would also urge the Government to extend the existing public sector equality duties to private sector organisations undertaking public functions and to create positive equality duties to cover sexual orientation, age and religion and belief.
12. Equity has had sight of the TUC's detailed response to the consultation which we endorse and would urge the Government to take into account.
13. We hope that you find our response to this consultation helpful. If you require further information please contact Max Beckmann, Equalities Officer, on 0207 670 0251 or at mbeckmann@equity.org.uk.
Yours sincerely,
Christine Payne
General Secretary
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