On Linked In, I look at popular jargon and unpack it through an Equality Act compliance lens.
A while ago, I looked at Intersectionality
What is this from DEI point view?
Intersectionality is a term coined by Kimberlé Crenshaw, an American academic, in the late 1980s. It describes how race, sex and other characteristics ‘intersect’ with one another and overlap. While a woman may experience sexism, a black lesbian will be at risk of experiencing sexism, racism and homophobia combined in the same set of circumstances.
What is this from EA compliance point of view
The original drafters of the Equality Act 2010 included a section on combined or dual discrimination as follows:
Section 14: “Combined discrimination: dual characteristics(1)A person (A) discriminates against another (B) if, because of a combination of two relevant protected characteristics, A treats B less favourably than A treats or would treat a person who does not share either of those characteristics.”
But this section was not brought into force so it not part of current law. Each potential claim has to be considered separately on the balance of probability.
An example of a case where it was arguable that it was the intersection of age and sex which led to the less favourable treatment was the case of O’Reilly v BBC (2011). Miriam O’Reilly, aged 53, took the BBC to an Employment Tribunal claiming age and sex discrimination after she was one of four female presenters, all in their 40s or 50s, who were dropped from “Countryfile” in favour of either younger presenters of both sex and an older male. The Tribunal had to look at each protected characteristic separately; and whilst it upheld her claim for age discrimination they determined the evidence did not show sex discrimination.
– Implications for DEI Practices and practitioners:
Whilst on face value, it would appear that, as section 14 not brought into force it is not relevant at all. I would argue it still may be but not via the dual discrimination route. In indirect discrimination, the group disadvantaged can be small so may encompass those who have that dual or multiple characteristic. When making policy it is important to have regard to the potential effect on those with all protected characteristics, including those which intersect.