Equality and diversity in the health sector Essay

Assessment You should use this file to complete your Assessment. How to complete and send your Assessment Save a copy of this document, either onto your computer or USB drive. Work through your Assessment, remembering to save your work regularly When you’ve finished, print out a copy to keep for reference Then, go to www.vision2learn.com and send your completed Assessment to your tutor via your My Study area – make sure it is clearly marked with your name, the course title and the Unit and Assessment number. Please note that this Assessment has 6 pages and is made up of 3 Sections. Name: Section 1: Know how legislation and guidelines support equality and diversity 1. Use the table below to: a. Describe the rights of a range of individuals who have one or more of the 9 protected characteristics in the organisation/service you work for (or one that you are familiar with). b. State how the law protects the rights of these individuals. Name the legislation. c. Identify guidelines within your organisation to support equality, diversity, dignity and respect. Individual (colleague/manager or service user) and protected characteristic What are their rights? Legislation that protects their rights How does this legislation protect their rights? Which guidelines support equality, dignity diversity or respect in relation to this person? Example 1 Female disabled colleague Protects them from harassment, entitles to equal pay, treated like everyone  else Example 2 Service User, Client, Elderly person Not to be discriminated against. To be shown respect and dignity. For information about them to be confidential. Freedom from harassment (quiet enjoyment). Privacy within own room The Human Rights Act, 1998 Protects against discrimination, and harassment, Equal Opportunities Policy, Sex discrimination Policy, Safeguarding Policy, Human Rights Act, Health & Social Care Act 2008 Example 3 Black employee worker Equality, treated as an individual, and same as everyone else, not to be prejudiced in any way, The Equality Act 2010 Protects against discrimination, and harassment, Equal Opportunities Policy, Sex discrimination Policy, Safeguarding Policy, Human Rights Act, Race Relations Act 1976 Example 4 Transsexual Manager Equality, treated as an individual, and same as everyone else, not to be prejudiced in any way, The Equality Act 2010 Protects against discrimination, and harassment, Equal Opportunities Policy, Sex discrimination Policy, Safeguarding Policy, Human Rights Act, Sex Discrimination Act 1975 Section 2: Know how to work in ways that support equality and diversity 1. List a range of factors that might be a cause for discrimination in the health sector. Include at least 4 examples in your answer. Direct Discrimination occurs when someone is treated less favourably than another person because of a protected characteristic. Relevant protected characteristics include age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, marriage & civil partnership, pregnancy and maternity. For example, a manager does not select a pregnant woman for promotion even through they meet all of the competencies because they are pregnant. This is probably direct discrimination and cannot be justified. Indirect discrimination occurs when a seemingly neutral provision, criterion or practice that applies to everyone places a group who share a characteristic e.g. type of disability at a particular disadvantage. Indirect discrimination may be justified if it can be shown that the provision, criterion or practice is a proportionate means of achieving a legitimate aim. An example of this is when an employer decides to apply a â€Å"no hats or headgear† rule to staff. If this rule is applied in exactly the same way to every member of staff, then staff who may cover their heads as part of their religion or cultural background (such as Sikhs, Jews, Muslims and Rastafarians) will not be able to meet this requirement of the dress code and may face disciplinary action as a result. Unless the employer can objectively justify using the rule, this will be indirect discrimination. Relevant protected characteristic include age, marriage and civil partnership, race, religion or belief, sex and sexual orientation. In addition, the Act extends protection against unjustified indirect discrimination to gender reassignment and disability. Victimisation occurs  when an employer is treated unfavourably, disadvantaged or subjected to a detriment because they have made or supported a complaint of discrimination or raised a grievance under the Equality Act, thi s policy or the Harassment, Bullying and Discrimination policy or because they are suspected of doing so. (However, an employee is not protected from victimisation if they have maliciously made or supported an untrue complaint). An example, of this is when an employee requests to work flexibly and their manager refuses their request because they supported a colleague in a complaint of discrimination. Detriment arising from a disability arises when you treat a disabled person unfavourably because of something connected with their disability. This type of discrimination is unlawful where the employer or other person acting for the employer knows, or could reasonably expected to know, that the person had a disability. This type of discrimination is only lawful if the action can be justified and the employer can show that is a proportionate means of achieving a legitimate aim. An example of this when an employer imposes a â€Å"no beards† rule as a part of a dress code and tells staff they will be disciplined if they do not comply. The employee is a disabled person who has a skin condition which makes shaving very painful. They have been treated unfavourably (threat of disciplinary action) because of some thing arising from their disability (their inability to shave). Unless the employer can objectively justify the requirement, this may be a detriment arising from a disability. It may also be a failure to make a reasonable adjustment. 2. Describe how people’s values and beliefs may differ. Think about the range of people you come into contact with to help you answer this question. Description of person Description of their values and beliefs How might they differ from your own beliefs or from other people’s? Service user fF Food and drink -how they like to be addressed and spoken to -personal care – living or deceased -privacy and dignity -the information they are given the support they would like their faith or belief. Everyone has different values, beliefs and preferences. What I believe in, what I see as important and what I see as acceptable or desirable is an essential part of who I am. The way in which I respond to people is linked to what I believe in, what I consider important and what interests me. I may find I react positively to people who share my values and less warmly to people who have different priorities. When I develop friendships, it is natural to spend time with people who share my interests and values. As a professional, I am required to provide the same quality of support for all, not just for those who share my views and beliefs. 3. Read these scenarios. Can you identify ways in which the people in them can be treated fairly in accordance with their needs? Scenario 1 Carl is a care assistant at a residential care home. Another care assistant, Helen, has worked there for a long time and is often not particularly fair to residents whose catering needs are different from others. So to vegetarians, she might say â€Å"Don’t you miss bacon?† and to Jewish residents she might say â€Å"the chef will have to prepare yours differently won’t she? That’s gonna take extra time for her.† She has also commented on Muslim residents’ needs to fast at certain times of the year and to pray at certain times of the day. Carl is uncomfortable when she does this and feels it may jeopardise his working relationship with her. Helen knows that Carl feels uncomfortable and is aware that she may come across as a bit of a ‘dinosaur’ in her attitude. She intends to go to her manager to resolve the issue. Person How can they be treated fairly? How is this treatment in accordance with their needs? Residents Should be treated with dignity and respect, and spoke to in a polite manner, and not be discriminated against This is in accordance with Equality Act 2010 Scenario 2 Dean has mild Downs Syndrome and enjoys an active and busy life with friends and family. He has applied for a job as a hospital porter. The interview goes well but Dean does not get the job. Dean’s friend Rajesh works at the hospital and tells Dean’s parents that he didn’t get the job because the manager has preconceptions about the capabilities of people with Downs Syndrome. Rajesh gets into trouble from his manager for speaking his mind and revealing confidential information. Person How can they be treated fairly? How is this treatment in accordance with their needs? Dean Should be given a chance and opportunity to get the job, as his interview went well This is in accordance with the Equality Act 2010 Section 3: Know how to respond to behaviour that is discriminatory 1. Take a look at the examples in the table below (or use your own). Complete the table by outlining the discriminatory behaviour and explaining how it undermines equality and diversity. Example of situation in the workplace Which behaviour is discriminatory? How does it undermine equality and diversity? A nurse who is not openly gay is ousted by his friend and colleague. Patients overhear and refuse treatment. Colleagues taunt him over the issue. Patients not allowing the nurse to give them treatment, colleagues taunting him, belittling and patronising comments By treating someone badly or victimising them, and being less fair about their equality rights. A healthcare assistant suspects one of the residents in the care home has dementia but instead of approaching the resident’s family or her manager about the issue, she simply tells her  colleagues what she thinks. Everyone starts treating the resident differently. As a result, the resident is confused and becomes withdrawn. Giving her own personal opinion and beliefs, and not being confidential about the residents’ illness, by not talking to the appropriate people involved with the care of the resident. This is inappropriate behaviour, as it is not treating the client with dignity and respect. A pregnant administration assistant in a clinic approaches her line manager about her fears for her job after she goes on maternity leave. Her line manager suggests she shouldn’t have got pregnant in the first place and says â€Å"We will need to replace you in some way. I can’t guarantee you’ll have a job to come back to.† This would be direct discrimination because of pregnancy and cannot be justified. It does not give fair treatment to the pregnant assistant and equal opportunity 2. Choose one of the situations from the table above. How would you report this discriminatory behaviour, and what impact would your actions have? Situation Which method or procedure would you use to report this behaviour? What impact would your actions have? A nurse who is not openly gay is ousted by his friend and colleague. Patients overhear and refuse treatment. Colleagues taunt him over the issue I would notify my line manager of any concerns with regard to the conduct of other employees, service users, the public or third parties. The impact this would have is that my manager will deal with the bad treatment and take steps to put an end to it. Once you have completed all 3 sections of this Assessment, go to. 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