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Roni Fine of British Naturism tries to find a path for naturist clubs through the new Act.

I suspect we have all heard about the “Equality Act 2010” but do we all understand how it might affect us?

Whilst it ought to be enough to think before we speak and respect one another, we now have to be reminded to do so by a law and if we forget our manners, or have no conscience, we pay for it in the courts when we are sued. Maybe we deserve it? But it could be that we just don’t realise we are doing wrong, though that excuse would not be accepted in court.

Laws are frequently written for the workplace and are often not applicable in other areas but restrictions are constantly changing. Private members clubs, (deemed to be so when they have 25 or more members and a selection process for membership) which some naturist clubs are, used to fall outside the area of many rules but are now included along with other associations, so we must all be familiar with current legislation and be ready to make changes to keep within the boundaries. The law protects both club members and those employed within naturist businesses.

The law is a minefield for most of us and what is worse is the fact that politicians seem to forget where they laid their mines, because when you try to find a map of their explosives you find yourself in a maze of references to schedules, sections, paragraphs and dates but never one piece of straightforward advice in everyday English that answers the particular question you presented to them!

Here is my attempt to rectify that! First, you must be aware of the protected characteristics for “Private clubs and other associations”.
These are: race, disability, religion or
belief, sex, sexual orientation, gender
reassignment and pregnancy & maternity.

Race: this includes ethnic or national origins, colour and nationality.

Disability: this is perhaps the easiest one to understand. Having a disability must not affect the way you are treated or your access to places and work. Businesses and service providers need to make “reasonable” adjustments to cater for disabled people such as replacing steps with ramps for wheelchair access, providing specific equipment and allowing “working dogs” into premises.

What is deemed “reasonable” will depend on factors such as practicability and the cost of making the adjustments.

We at Blackthorns have included a disabled accessible toilet (with a wider door and suitably placed grab handles and an emergency alarm pull cord), when we built the extension to our clubhouse and we have drawn up plans to replace existing steps with a ramp to access the static caravan we have for hire.

Religion or Belief: a person must not be made to suffer for their beliefs and it should make no difference to how they are treated. Their needs should be met where possible; if a person of a certain faith asked for a quiet room in which to conduct their prayers and there was one available, it would be deemed reasonable to allow its use.

Sex: Males and females should be treated equally. The obvious example is perhaps equal pay for equal work, or the right for women to vote. Golf clubs can no longer have days on which the ladies cannot play but the men can. However, sporting events can be segregated by gender because the physical strength, stamina or physique of an average woman would put her at a disadvantage compared with an average man. This means we can continue to have separate teams for Petanque and Miniten tournaments, if we choose to.

Sexual Orientation: it must make no difference whether you are heterosexual, gay, lesbian or bi. One’s personal view on this should remain just that and the people involved treated the same as any other. Paternity leave for either parent is now happening in the work place and it would apply to same-sex parents too.

Gender Reassignment: those making a switch from one gender to another must not be persecuted. Suitable facilities such as changing rooms and toilets must be discussed and agreed upon. At least in the naturist community it would be clear who was what, as it would be unlawful to discriminate against someone because they are thought to be transsexual when they are not!

Pregnancy and Maternity: it should make no difference to how women are treated unless there is reasonable belief that it is done in the interest of her, or the baby’s, health and safety. Sick leave from work that is pregnancy-related should not be held against the person or affect their work record. Whilst breastfeeding will be more acceptable in public places, or restaurants, there is no automatic right to do so in the workplace. I think this is one aspect that would be totally acceptable within a naturist club as we are already body-accepting so no-one would be shocked at the sight of a breast or nipple!

british-naturism: this is one more category but it is only in effect within the workplace and not in clubs or businesses who sell services unless, of course, the club or business employs people. A civil partner elsewhere, treated less favourably than a married one, could bring a claim under sexual orientation discrimination.

The Equality Act includes provisions enabling introduction of a ban on Age discrimination by private clubs against their members, associates and guests but these have not been brought into force yet. The Coalition Government is currently considering further how these provisions can be implemented in the best way for businesses and others affected. Things such as child bus tickets and Senior Citizens discounts will have to be considered. It’s been common practice for car insurance to cost more for young males than young females as they are known to have more accidents and cost the companies more in pay-outs, but it might become unlawful to differentiate unless they decide to make exception due to the recorded proof of this fact. There are so many examples that would become unlawful if not carefully considered and allowed for. Clubs can, for the moment, offer concessions where they see fit, but be prepared for change!

There is also, of course, the category of Harassment The law says that“Businesses which provide goods, facilities or services must not allow their customers to be subjected to harassment.” The Equality Act 2010 names two main types of harassment, “unwanted conduct related to a protected characteristic” and “unwanted conduct that is sexual in nature”. “The conduct must have the purpose or effect of violating a person’s dignity or creating an intimidating hostile, degrading, humiliating or offensive environment for them”. Harassment only occurs when the conduct is unwanted.

This can involve something directly or indirectly aimed at a person but in hearing it, they can make a claim of harassment.

There is something called “Positive Action” which is done specifically to help someone who has a protected characteristic, such as being underrepresented in an activity or a type of work. I have seen the Fire Brigade advertise for recruits saying “applicants from female ethnic minorities would be favoured” and this would be acceptable if their records showed an under-representation in that category. Of course, all other conditions for the vacancy would have to be equal, such as qualifications and experience. If a golf club has fewer lady members, they could hold an open morning exclusively for women to try the sport. Whilst Positive Action is allowed, it is entirely voluntary. It follows that naturist clubs that have a plentiful supply of single males could also use this proviso and run an advertising campaign to attract single females to balance the numbers. Of course, this would need to be supported by evidence so they would need to consult their records and have facts and figures ready if challenged. They too could hold an open day to welcome women and encourage them to embrace the naturist lifestyle.

Throughout the documents the most common examples refer to a golf club and I do wish naturist clubs were held in the same esteem, but I think the day will come; it’s up to us to portray naturism as a respectable pastime and then maybe we will be used as an example in future!

I think we are all aware there is either a real, or perceived, problem regarding the number of single males in naturism and that is the main area you might need to rethink. So many clubs complain that there are too many single males asking to join and some clubs have, in the past, flatly refused to accommodate them. Private Members Clubs could do this, but always at the risk of being challenged and taken to court where you would have become the test case and the outcome would have depended on who the judge was on the day and what they thought of naturism. Now that there are “Quick Start Guides “ for “Private clubs and other Associations” and for “Businesses who sell goods and services” there really is no excuse to break the law and it would be unwise to think you could get away with it.

Refusing membership to single males will no longer be acceptable. Of course, you can refuse membership for other reasons which you deem will make them unsuitable but it must not involve any of the protected characteristics. (Single membership is not necessarily a reference to marital status but the alternative to a joint membership for two people).

It appears that you could refuse membership for people of single status, as that is not a protected characteristic but it would have to cover both males and females and although the majority of single applicants seem to be male, it would be a shame to turn away single females, but that is for individual clubs to decide.

It also seems you could lawfully recruit within a specified catchment area, but it would have to apply to every member.

Hopefully clubs will allow all genuine, decent, well behaved naturists to join and take the protected characteristics in their stride and not see the new law as a problem, after all, you have nothing to fear if you are on the right side of the law and treating your fellow man, I mean woman, no......I mean people, fairly!

This is my own summary of the Equality Act 2010 as I understand it but I do advise you to view the sites from which I have quoted as they give further explanations and examples:

www.equalities.gov.uk from the GEO
(Government Equalities Office)

www.equalityhumanrights.com

None of the information contained in this feature constitutes legal advice.

Back in the early morning hours of June 28, 1969, at the Stonewall Inn, in the Greenwich Village neighborhood of New York City, a series of spontaneous, violent demonstrations against a police raid took place.

They are frequently cited as the first instance in history when the LGBT (Lesbian, Gay, Bi-sexual, Transgender) community fought back against a government-sponsored system that persecuted sexual minorities, and they have become the defining event that marked the start of the gay rights movement in the United States and around the world. The riots were an in-your-face protest caused by the harassment from police and government. They falsely thought the general population supported their crackdowns against the homosexual population. The riots proved them wrong. The LGBT community took to the streets standing proud of who they were. Drag Queens went out in drag. Gay men and women flaunted their sexuality for all to see because they had had enough – We're here! We're queer! Get used to it!

Move on to February 5, 1981. 150 police officers raided four gay bathhouses in Toronto. One was so badly damaged in the raid that it never reopened. Police denied the excessive force but reporters that visited the scene proved them wrong. Nicknamed Operation Soap, the raid resulted in the arrests of 268 men. The response from the gay and lesbian community was immediate and angry. Over 3,000 people gathered in protest.

A second demonstration which took place on February 20, included over 4,000 people who gathered at Queen's Park and marched to Metro Toronto Police's 52 Division, the division responsible for the raid. Born out of these police raids was the Toronto Pride Parade.This is the reason the parade is like it is. A protest parade for the same reasons as those born out of Stonewall. The parade is supposed to be about overt expression of homosexual sexuality in all its forms because you, the general citizen, through your government, wanted a crackdown against all things gay. This of course was wrong, and it backfired on the government and police of the day. The general population did not support these crackdowns or the discrimination against the LGBT community... Read More.

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