Discrimination In Schools

When outlining equality, diversity, inclusion and policys Law plays the key role within these policys.

It is unlawful for any education provider, including a private or independent provider, to discriminate between pupils on grounds of race, sex, disability, sexual orientation, gender reassignment, pregnancy and maternity, and religion or belief in admissions, access to benefits or services, exclusions, and in the employment of staff. There are some exceptions to allow for the maintenance of faith schools and single-sex schools; some disabled pupils and pupils with a statement of “special educational needs” may be segregated in special schools, and schools may temporarily or permanently exclude pupils for disciplinary reasons.

Until October

direct discrimination occurs when a pupil is treated less favorably than another pupil because of a protected characteristic. It is always unlawful, with certain exceptions, e.g. with regard to single-sex schools. The law also prohibits direct discrimination by association, when a pupil is treated less favorably because of his/her association with another person who has a protected characteristic (but this does not apply to pregnancy and maternity, see below). Direct discrimination based on perception, when a pupil is treated less favorably because of being mistakenly seen as having a protected characteristic discrimination because of pregnancy and maternity, where a female pupil is treated less favorably because she is or has been pregnant or has given birth in the last 26 weeks or is breastfeeding a baby under 26 weeks old (if the baby is older than 26 weeks, unfavorable treatment would be classed as direct sex

sexual harassment is unwanted behavior which is of a sexual nature and which has the purpose or effect of violating a pupil’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for the pupil

3. less favorable treatment of a pupil because they submit to or reject sexual harassment or harassment related to sex.

The Act states that a school must not harass a pupil or a person who has applied for admission.

Victimization

The Act prohibits victimization, defined as treating a pupil badly because s/he (or his/her parent or sibling) has done a “protected act” (or because the school believes that a person has done or is going to do a protected act). A protected act is:

- Making a claim or complaint of discrimination under the Act.

- Giving evidence or information to support another person’s claim under the Act.

- Alleging that the school or someone else has breached the Act.

- Doing anything else in connection with the Act.

The Act states that a school must not victimize a person in its admission arrangements, the provision of education, in exclusions or by subjecting the pupil to any other