Equality Act in action

Methodology (local authorities)

The purpose of this research was to investigate how the 32 Scottish local authorities are representing the provisions of the Equality Act 2010, and specifically, whether they are accurately describing the protected characteristic of 'sex'.

All the information reviewed was taken from each council's website (screenshots taken on 9 June, 18 September and 1 October 2018). Wherever a search box was available, a search was done for 'equality'. Sometimes that landed on a page about the council's broad approach to equality and diversity issues. Occasionally, it was necessary to carry out a more refined search for specific council documents relating to equality issues.

In many cases, there were a number of documents available that related to equality and diversity. Wherever possible, the most up to date report or strategy on equality and diversity issues was reviewed. Most often these were 'mainstreaming equality' reports relating to the period 2017 to 2021.

Based on either a broad overview of protected characteristics on an equality homepage and/or a more detailed report on equality and diversity, it was possible to note whether there was any consistency in the way that councils described the protected characteristic of 'sex'.

West Lothian Council

The above screenshot was taken in June. The list has since been altered (see below).

Documents reviewed: Equality page on website, Corporate Equality Outcomes Progress Report 2015 and Corporate Equality Outcomes 2013-2017

Comments: on the equality pages, the listed characteristic is given as 'sex (gender)'. When first reviewed in June, it was listed as 'gender (sex)'. Throughout the other documents, 'gender' is listed as a protected characteristic and occasionally as 'gender (woman)'.

West Dunbartonshire Council

Documents reviewed: Equality page on website and Equalities Mainstreaming and Outcomes Report 2017-21

Comments: 'sex' is listed as a protected characteristic on the equalities landing page and elsewhere in the outcomes report. Although, under the section of the outcomes report on equal pay, 'gender' is listed as the protected characteristic.

Stirling Council

Document reviewed: Outcomes Progress Report 2013-2017

Comments: the document lists 'sex' and 'gender' interchangeably as a protected characteristic. The equalities landing page on the website does not list the protected characteristics.

South Lanarkshire Council

Document reviewed: Mainstreaming equalities: Progress report 2013-2017, Outcomes report 2017-2021

Comments: 'gender (sex)' is listed as a protected characteristic. There is no reference to the protected characteristics on the equalities landing page.

South Ayrshire Council

Document reviewed: Equality Outcomes and Mainstreaming Progress Reports 2016-2017 and South Ayrshire Council Equality Outcomes 2017-2021 and Equality Outcomes and Mainstreaming Progress Reports 2017-18

Comment: both 'sex' and 'gender' are used interchangeably as protected characteristics. The equalities landing page makes no reference to protected characteristics.

Shetland Islands Council

Document reviewed: equality landing page and Shetland’s Equality Outcomes Progress & Mainstreaming Report (Including Employment Monitoring Information) 2017-2021

Comments: on the equalities landing page, 'sex' is listed as a protected characteristic. However, in the report, 'sex' and 'gender' are listed as a protected characteristic.

Scottish Borders Council

Document reviewed: Mainstreaming Report and Equality Outcomes 2017 - 2021

Comments: on the equality landing page, the protected characteristic is denoted as 'gender (sex)'. In the report, both 'sex' and 'gender' are listed as protected characteristics.

Renfrewshire Council

Documents reviewed: Equality pages on website and Equality Outcomes and Mainstreaming Report

Comments: both documents list 'sex' as a protected characteristic.

Perth and Kinross Council

Documents reviewed: Corporate Equalities Policy and Revised Equalities Outcomes and Progress Report.

Comment: 'sex' is listed across both documents as a protected characteristic.

Orkney Islands Council

This has been updated in recent months. In early June 2018, the protected characteristic was listed as 'gender' (see screenshot below):

Documents reviewed: Equality landing page on website and Annual Equality Report 2017

Comment: 'sex' is listed as a protected characteristic in both instances.

North Lanarkshire Council

Documents reviewed: Equality landing page and Equality Strategy 2013–2018

Comment: 'gender' is listed alongside 'transgender identity' as a protected characteristics on the equality landing page. However, 'sex' is listed as a protected characteristic in the strategy.

North Ayrshire Council

Documents reviewed: Equality Mainstreaming Report and Equality Outcomes Report 2015 – 2016 and Joint Ayrshire and North Ayrshire Council Equality Outcomes and Actions 2017-2021

Comment: both 'sex' and 'gender' are referred to as protected characteristics in both documents.

Moray Council

Documents reviewed: Equality page on website and Equality Outcomes 2013-2017

Comment: 'gender' is listed as a protected characteristics on the equality landing page, but in the outcomes document under the section on domestic violence, 'sex' is listed as a protected characteristic.