Dear all,
I think the key point which has caused this response from the CRE, is that the
publishers invoked a clause from positive action, ie Somalians as an
"underrepresented" group, without showing statistical evidence.
The CRE probably know there is no evidence to date on this, as Somalians are not
one of the categories for monitoring.
Black African is a category, though, and possibly Somalians could have been
identified as a subset of this category.
The publishers would have been better off not invoking the clause, but simply
asking for help in the normal way, doing a book out of simple interest, rather
than under positive action.
Regards,
Huen Swee Kim
Equality and Diversity Projects Officer
Personnel Division
University of Cambridge
The Old Schools
Trinity Lane
Cambridge
CB2 1TT
[log in to unmask]
Tel: 01223-765807
Fax: 339654
-----Original Message-----
From: HE Administrators equal opportunities list
[mailto:[log in to unmask]] On Behalf Of Brook, Maz
Sent: 31 August 2006 15:29
To: [log in to unmask]
Subject: Re: UPDATE what do you do about external invitations and activities
aimed at a narrow range of people?
Or if you wanted to write a book on, for instance, the experiences of gay
teachers ? Think of all the vital support literature written in the past for
minorities which could now apparently not be written under these
guidelines...and if we take this advice to its logical conclusion, does this
mean that publications such as The Voice and Gay Times are now illegal because
they only cater to certain groups of people ?
It is instances like this which undermine the work we all do and gives Equal
Opportunities a bad name.
Maz
-----Original Message-----
From: HE Administrators equal opportunities list
[mailto:[log in to unmask]] On Behalf Of Kent, Syd
Sent: 31 August 2006 14:27
To: [log in to unmask]
Subject: Re: {SPAM?} Re: UPDATE what do you do about external invitations and
activities aimed at a narrow range of people?
Imagine how many rules would be broken, using the kind of interpretation given
by the CRE and these lawyers, if you wanted to research into the disappearance
of English dialects and wanted to work with older native English speakers???!!!
I'm quite concerned by this.
Best wishes,
Syd.
Syd Kent mailto:[log in to unmask]
Equality and Diversity Officer
University of Essex
Wivenhoe park
Colchester
Essex
CO4 3SQ
Phone: 01206 872390
Fax: 01206 873396
-----Original Message-----
From: HE Administrators equal opportunities list
[mailto:[log in to unmask]] On Behalf Of Yvie Holder
Sent: 31 August 2006 11:55
To: [log in to unmask]
Subject: {SPAM?} Re: UPDATE what do you do about external invitations and
activities aimed at a narrow range of people?
Dear Deb
Thanks for the update, but this 'clarification' beggars belief - there are
hundreds of books and publications in which people from particular groups tell
their stories. So is the CRE suggesting that the process by which those stories
were gathered illegal? How can this request from a publisher possibly be
discriminatory or exclusive? I wonder on what grounds, exactly and which section
of the Act? What will the implications be for researchers wanting to contact
people from certain groups?
Yvie Holder
Director
Equal Opportunities Office
Block B
Sally Baldwin Buildings
University of York
Heslington
York YO10 5DD
TEl: 01904 434681/0
Website: http://www.york.ac.uk/admin/eo/
-----Original Message-----
From: HE Administrators equal opportunities list
[mailto:[log in to unmask]] On Behalf Of Deborah Viney
Sent: 31 August 2006 10:14
To: [log in to unmask]
Subject: Re: UPDATE what do you do about external invitations and activities
aimed at a narrow range of people?
Dear all
Thanks for your comments (before I went on leave) concerning the external
invitations policy.
For info: I checked with our lawyers and they say that as this situation does
not meet any of the exclusions in the Act, the CRE's advice was correct.
Regards, Deb
-----Original Message-----
From: HE Administrators equal opportunities list
[mailto:[log in to unmask]] On Behalf Of Virginia Wainwright
Sent: 18 August 2006 14:31
To: [log in to unmask]
Subject: Re: what do you do about external invitations and activities aimed at a
narrow range of people?
I agree with Tim's response.
I think that the advice that Deb received from the CRE should be challenged or
at least clarified.
It also strikes me that the phrase 'narrow range of people' is in itself
discriminatory and contrary to both the spirit and letter of equalities
legislation, as Faith points out.
Virginia
On Thu, 17 Aug 2006 12:06:52 +0100 "A.F.OShea" <[log in to unmask]>
wrote:
> Colleagues
>
>
>
> The advice from CRE in relation to the third point does seem at odds
> with the spirit of RR(A)A.
>
>
>
> It seems clear to me that the publisher is taking positive action so
> as to ensure the experience of Somali people is included.
>
>
>
> It can also be argued that by passing on the information, the public
> authority is;
>
> a) promoting equality of opportunity (giving voice to Somali
> experience and providing opportunities for Somali people to
> participate, where they were previously under-represented)
>
> b) promoting good race relations (helping to provide resources that
> will create a greater understanding of cultural differences).
>
>
>
>
>
> Tony O'Shea
> Policy Officer for Equality and Diversity The Open University Tel.
> 01908 858073 Email. [log in to unmask]
>
> ________________________________
>
> From: HE Administrators equal opportunities list
> [mailto:[log in to unmask]] On Behalf Of Smith, Geoff
> Sent: 17 August 2006 10:49
> To: [log in to unmask]
> Subject: Re: what do you do about external invitations and activities
> aimed at a narrow range of people?
>
>
>
> Dear All
>
>
>
> The response to 1) and 2) seem to me to be entirely sensible but the
> response to 3) strikes me as, well, words nearly fail me. Is the CRE
> saying that publishers can't publish collections of writings of
> particular cultural or national groups ? Is is also saying that unless
> all under-represented groups are included none shall be ? As someone
> from Sheffield with a significant population of Somali origin it seems
> to be me that it would be very beneficial to have such a collection
> published and crazy to put problems in the way on dubious grounds of
> anti-discrimination.
>
>
>
> Regards
>
> Geoff
>
> **************************
> Geoff Smith
> Assistant Secretary
> Sheffield Hallam University
> University Secretariat
> City Campus
> Sheffield
> S1 1WB
> Telephone: 0114 225 3854
> Email: [log in to unmask]
>
>
>
> ________________________________
>
> From: HE Administrators equal opportunities list
> [mailto:[log in to unmask]] On Behalf Of Deborah Viney
> Sent: 17 August 2006 10:12
> To: [log in to unmask]
> Subject: what do you do about external invitations and activities
> aimed at a narrow range of people?
>
> Dear colleagues
>
>
>
> Three issues have recently come up here at SOAS which turn out to be
> related. I would be interested to hear your views:
>
>
>
> 1. one faculty received and circulated to its members an invitation
> from an external organisation for MALE students from a limited age
range
> to visit Saudi Arabia as part of a study tour. Having received a
> query about this from a member of staff, I checked with the EOC and
> they tell me that it is not appropriate for the School to pass on such
> an invitation as it may be a breach of sex discrimination legislation
> [and also of age regulations].
>
>
>
> 2. the disability service received an invitation for all visually
> impaired students to get involved in the activities arranged by "Blind
> in business". In the light of the previous query, I asked the DRC
> whether it was Ok to pass on this invitation, since it is targeted at
> only one sub-group of disabled people. The DRC reply appeared to me
> to say that this would be OK, because the law permits positive
> discrimination in disability cases.
>
>
>
> 3. last week I received a request from a publisher, asking for help
> in contacting people of Somali origin, as they are under-represented,
> their stories are being collected and published. I was concerned
that
> this invitation was open only to one national group and so I asked the
> CRE for advice. Their response was that if we passed on the
> invitation we could be in breach of the law, and that the publisher
could
be guilty
> of inciting us to break the law. I have informed the publisher of
this
> and advised them to seek legal advice.
>
>
>
> So it appears that we probably should not be passing on invitations
> which are targeted narrowly (except possibly when the target group has
> a specific form of impairment).
>
>
>
> Following the first two queries, I drafted the following policy, which
> is currently out for consultation. I would welcome colleagues'
> comments on it.
>
>
>
> --------------------------------------------------------------
>
>
>
> SOAS Draft policy on external invitations sent to the School
> concerning potential activities which could be offered to students or
> staff
>
>
>
> Following advice from the Equal Opportunities Commission, in
> situations where the School receives an offer from an external
> organisation or an individual regarding an activity which might be
> offered to some or all SOAS students or staff, that offer will only be
> passed on to the wider School community if it is open to everyone
regardless of any of the
> diversity issues identified in UK law.
>
> i.e. Currently people of any age group; people who have a disability
> and those who do not; and people of any gender, race / ethnicity,
> religion or belief / non-belief, sexual orientation or sexual
identity.
>
>
>
> The offer might be limited on some other grounds, such as only being
> open to students / staff of a particular course or Faculty, which
would
> not be problematic.
>
>
>
> The only exception to this general principal is that an opportunity
> may be offered to one sub-group of disabled people (e.g. only to
> students with a visual impairment, or only to staff who have chronic
> medical
> conditions) because positive discrimination on grounds of disability
is
> acceptable under the law in certain circumstances. [Note: this
clause
> is based on advice from the Disability Rights Commission].
>
>
>
> In cases where the criterion of universal availability cannot be met,
> the School will respond politely to say that it is unable to pass on
> the offer because to do so might expose the School to some risk of
> litigation under the UK diversity and / or civil rights legislation
> and that if the provider is prepared to broaden their criteria to meet
> the legal requirements the School will be able to re-consider whether
to
> circulate the offer to students and / or staff.
>
>
>
> ---------------------------------------------------------------
>
>
>
> Predictably, in the very first response to the consultation, I have
> been accused of "political correctness gone mad" - being a new
> diversity officer, I would welcome advice on how to respond to that
> comment as well as any remarks concerning this issue of targeted
> materials.
>
>
>
> regards, Deb
>
> Deb Viney, Diversity Advisor,
>
> Deputy Secretary's Office,
>
> School of Oriental and African Studies,
>
> University of London
>
> Tel: 020 7074 5007 Fax: 020 7074 5019
>
> Email: [log in to unmask]
>
> Visiting Address: Postal Address:
>
> Vernon Square Thornhaugh Street
>
> 1 Penton Rise Russell Square
>
> LONDON LONDON
>
> WC1X 9EW WC1H 0XG
>
>
>
>
>
----------------------
Virginia M Wainwright
Director of Equality and Diversity
King's College London
57 Waterloo Road
London SE1 8WA
0207-848-3399
[log in to unmask]
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