Equity, diversity & inclusion legislation for your volunteer board agenda

Equity, diversity and inclusion (ED&I) remains an important priority for every industry, including — and perhaps especially — mission-driven organisations. Charities and nonprofits’ commitment to providing accessible services and supporting the greater good go hand-in-hand with the values and priorities of ED&I efforts.

And employees and other groups are noticing. A 2023 Pew Center study, for example, found that a majority of surveyed employees say these efforts at work are a good thing.

We’re providing a brief overview of the current diversity legislation and how it impacts health and social care, education, and the workplace in general. Diversity and inclusion practices make for good volunteer board discussions and, in many cases, are a necessary part of legal compliance.

What you’ll learn

1. Who’s impacted by discrimination
2. General legislation on equality and diversity
3. ED&I legislation in health and social care
4. Legislation for ED&I in education
5. Diversity in the workplace legislation
6. What nonprofit boards should do next

Discrimination can affect anyone

The UK Equality Act has specified 9 areas that are termed in the legislation as protected characteristics:

1. Age
2. Sex
3. Race
4. Disability
5. Pregnancy
6. Marital status
7. Sexual orientation.
8. Gender reassignment
9. Religious background

40% of individuals who are employed full time in the UK say they have experienced workplace discrimination of some kind according to a survey of 2,000 adults carried out by Ciphr.

In Ireland, the Employment Equality Acts and Equal Status Acts prohibit discrimination on specific grounds:

• Age
• Civil status
• Disability
• Family status
• Gender
• Housing Assistance Payment
• Membership of the Traveller community
• Race
• Religion
• Sexual orientation.

Key issues, legislation and codes of practice relating to diversity are important topics to put on your board agenda because they affect your board, staff, employees, donors and stakeholders.

Current legislation on equality and diversity

The United Kingdom consolidated various anti-discrimination laws in its own Equality Act of 2010, which offers protections to groups based on age, disability, gender reassignment, marriage or civil partnership (in employment only), pregnancy and maternity, race, religion or belief, sex and sexual orientation. Last year, the Equality Act was amended to require employers to take “reasonable steps” to prevent sexual harassment of employees.

European legislation covers gender equality and non-discrimination, for example, EU law requires (Article 157 TFEU) the application of the principle of equal pay for equal work or work of equal value between women and men. Similarly, with regard to non-discrimination on the grounds of racial or ethnic origin, religion or belief, disability, age and sexual orientation, Article 19 TFEU applies. EU legislation prohibiting discrimination covers a broad personal and material scope by means of several directives, covering either the ground of sex, the ground of racial/ethnic origin, or the grounds of religion or belief, disability, age and sexual orientation.

Equality and diversity in legislation in health and social care

Most of us will rely on healthcare services at some point in our lifetimes. Many people also depend on social services to meet their daily needs.

U.K. legislation affecting healthcare nonprofits

The following laws have been enacted to support people who rely on healthcare and social services:

• The Human Rights Act (1988) outlines basic human rights and principles of equality, including fairness, respect, equality, dignity and autonomy.
• The Mental Capacity Act (2005) supports vulnerable individuals who can’t maintain their independence by giving them the right to dignity and equality.
• The Care Act of 2014 ensures that adults are allowed to give consent for their care. It also states that their care should be tailored to them, and they should be able to choose the services they need.

As the library example suggests, while all people should have equal access to services, it takes conscious effort to meet the basics of these laws. Anyone who works in the field of health or social services should be familiar with and abide by them.

Equality and diversity in education legislation

In the U.K., the 2010 Equality Act includes provisions around schools and students inherited from previous legislation while also expanding protections for pupils who are pregnant or have recently given birth, or who are undergoing gender reassignment. Schools also may not ask potential employees for health information unless the questions relate to “an intrinsic function of the work.”

It’s not only students who need such protections. Educational institutions also employ large numbers of diverse people, and they need equal protection too, which brings us to the next topic — legislation regulating diversity in the workplace.

Diversity in the workplace legislation

As an employer, your board is responsible for ensuring that employees have the proper training to promote and enforce a diverse workplace. All workers are entitled to certain protections within the workplace under state and federal laws. Employers are required to provide their workers with a fair and safe work environment.

Board members and senior leaders should be aware of the elements of laws to ensure they understand the principles, especially when undertaking diversity planning. Be aware that by ignoring the importance of workplace diversity legislation, the actions and behaviors of people who work for your organisation could pose risks that lead to lawsuits, fines and other legal issues.

The U.K.’s Equality Act applies in the workplace, with one resource explaining simply, “The Act makes it law that every private, public and voluntary organisation must not discriminate against their employees or the people that use their services because of their particular characteristics.”

Next steps for charity and nonprofit boards

Equity, diversoin and inclusion issues should be a key part of planning the board meeting agenda. Here are some actions you can take to support fair employment practices within your organization:

• Get familiar with your state’s or country’s employment laws. Relevant documents and links can be made available and accessible in the team’s board management software.
• Implement an equal opportunity employment policy. Your board management software can expedite policy review and approval, and secure workrooms enable your board, committee or working group to meet and collaborate on sensitive matters.
• Train your managers, employees and board members about employment laws. Training materials can be housed in your board management software and made available to all stakeholders.
• Promote an inclusive culture within your charity or nonprofit, including diversity as a key factor in board strategic planning. With surveys, custom fields and reporting features, your board management software simplifies the process of evaluating board composition and visualising progress toward its diversity goals.

We at Diligent understand the unique needs of board members of mission-driven organisations and the many factors that go into creating fair and equitable service-oriented environments. With BoardEffect, we offer a solution that supports boards as they navigate the changing needs of their organisations while honoring the missions that guide them.