Employment Equality
The principal anti-discrimination legislation in this context includes the following: The Equal Pay (NI) Act 1970, the Sex Discrimination (NI) Order 1976. These laws prohibit discrimination and harassment on the grounds of sex, pregnancy, maternity leave, gender reassignment, being married or in a civil partnership.
The Disability Discrimination Act 1995 prohibits discrimination and harassment in relation to disabled persons. The Race Relations (NI) Order 1997 prohibits discrimination and harassment on the grounds of race, colour, ethnic or national origin, nationality, membership of the Irish Travelling community.
The Employment Equality (Sexual Orientation) Regulations prohibit discrimination and harassment on the grounds of sexual orientation. The Employment Equality Age Regulations prohibit discrimination and harassment on the grounds of age.
The most significant legislation in this area is the Fair Employment and Treatment (NI) Order, which prohibits discrimination and harassment based on religious and political opinion. This replaces earlier fair employment legislation and places positive duties and obligations on employers.
In addition to the above legislation, public authorities must carry out their functions having due regard to the need to promote equality under Section 75 of the Northern Ireland Act 1998. They must have due regard to the need to promote equality of opportunity between persons of different religious beliefs, political opinions, racial groups, ages, marital statuses, sexual orientations, genders, disabilities, and dependant statuses.
Designated public authorities must, in carrying out their functions in Northern Ireland, encourage positive attitudes towards disabled persons and encourage participation by disabled people in public life.
The Equality Commission
The Employment Equality Commission recommends that employers have a commitment to promoting equality of opportunity for all persons, regardless of sex, religious belief, political opinion, race, age, sexual orientation, disability, marital status, or whether or not they are in a civil partnership and whether they intend to undergo gender reassignment. Employers are recommended to have a written equal opportunities policy. They publish a model equal opportunities policy.
The policy must be effectively implemented. The Fair Employment Tribunal may take into account failures by the employer to implement a policy as evidence of a failure to take such steps as are reasonably practicable to prevent employees from committing acts of unlawful discrimination or harassment.
Employers would accordingly risk being unable to demonstrate that reasonably practicable steps have been taken to avoid legal liability for unlawful discrimination. It is desirable that employers secure the support of senior managers and employees for the equal opportunities policy. There is a published joint declaration that an employer, trade unions, and representatives can co-sign.
It is helpful if employers develop an employment equality or diversity plan to complement the equal opportunities policy. This should assist in the implementation of the commitments in the plan and provide a framework for taking affirmative and positive action, where appropriate.
The Commission recommends that employers should commit themselves to promoting good and harmonious working environments, where persons are treated with dignity and respect, and no person is subject to harassment or conduct related to any of the grounds of discrimination.
Harassment is unwanted conduct that has the purpose or effect of violating an employee’s dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment for that person. Conduct may constitute harassment even if it’s not deliberate.
The Equality Commission recommends that employers develop a harassment policy and procedure. A model harassment policy has been published by the Commission, together with the model harassment procedures. Employees who fail to develop or take practical steps to protect their employees from harassment may be found liable in a complaint to the Fair Employment Tribunal.
In certain cases, anti-discrimination laws oblige employers to take reasonably practicable steps to protect employees from conduct by third parties such as clients, customers, and other service users that constitutes harassment. This may occur where customers use sexist language, which is upsetting, and nothing is done about it.
The failure to implement a harassment policy and harassment procedure may be evidence that the employer has failed to take such steps as are reasonably practicable to prevent employees or third parties from committing harassment.
Part of the obligations includes taking steps to secure support and implementation of the policy. Employers and trade unions or representatives may commit to a joint declaration of protection published by the Equality Commission.
The Equality Commission or Labour Relations Agency have published practical guidance on the issue of preventing harassment entitled “Harassment and Bullying in the Workplace”.