Finally, when considering whether the Lord Chancellor had complied with the public sector
equality duty under section 149 of the EqA when introducing the Fees Order, the Court of Appeal considered that the equality impact assessment carried out at the relevant time was adequate to meet that duty.
● The council's proposals did not render them in breach of its general disability
equality duties under s 49A of the Disability Discrimination Act 1995.
Looking at the behaviour of the government in relation to
the equality duties under the Equality Act 2010 (EqA 2010), one might be tempted to think not.
In the recent attempt at dismantling the effectiveness of the public sector
equality duties under the EqA 2010, two approaches have been adopted by the government.
Not exact matches
I'm not being asked to acknowledge my
duty to accommodate
under the Code within my workplace», I'm being asked to acknowledge my purported obligation to promote «
equality, diversity and inclusion generally».
First, if one accepts that the obligation to acknowledge one's
duty to «promote
equality, diversity and inclusion generally» is a form of compelled speech, then it's hard to see how such an obligation can be justified
under section 1, given that no such obligation actually exists — hard to see how an obligation to acknowledge a non-existent obligation is a reasonable limitation that can be justified in a free and democratic society.
Like you, I believe that there are strategies the LSUC could pursue which would achieve their substantive goals, strategies which accurately reflect existing (and unambiguous) legal and ethical obligations and which are consistent with constitutional requirements and principles (as I've noted above, if the current requirement around a Statement of Principle merely required acknowledgement of our actual existing obligations
under the Rules, rather than a general
duty to promote
equality, diversity and inclusion which is found nowhere in the Rules, I suspect much opposition would melt away and the LSUC would be on far stronger Charter grounds).
You're still going in circles when you say that «It may well be that the purpose of the
duty of accommodation is to «promote
equality», it doesn't follow that lawyers have a
duty to promote
equality...» The lawyers involved indeed have a
duty to accommodate
under the Code within their workplaces, which again is the primary thrust of the Statement.
The general disability
equality duties contained in the Disability Discrimination Act 1995 (DDA 1995), s 49A apply to the exercise of a local authority's functions
under the community care legislation.
It is clear that in any case where the decision may affect large numbers of disabled people, the necessary due regard to the needs of disabled people
under the public sector
equality duty is very high.
Even if it is not a named authority, it may still chose to publish an
equality scheme to demonstrate that is has complied with its general
duty — in much the same way as an equal opportunities policy, though not compulsory, is currently used to demonstrate an awareness of an organisation's obligations
under discrimination legislation.