The Northern Ireland Act, which has an effect on the Constitution of Northern Ireland, establishes the Equality Commission for Northern Ireland. It consists of between 14 and 20 commissioners appointed by the Secretary of State. It assumes the functions of the Fair Employment Commission, the Equal Opportunities Commission for Northern Ireland, the Commission for Racial […]
The race discrimination legislation is broadly similar to the sex discrimination legislation. The Race Relations (NI) Order 1997 is the principal legislation and is based on the Race Relations Act 1976 in Great Britain.Racial grounds are defined to cover colour, race, nationality, ethnicity, or national origin. The Order outlaws racial discrimination in the workplace, education, […]
Discrimination by educational establishments, whether in the public or private sector, is prohibited. This applies to primary, secondary, and tertiary educational institutions. Public sector educational establishments have a duty to ensure that facilities for education and any ancillary benefits or services are provided without racial discrimination. The Department of Education may give directions to its educational […]
European Union law took precedence over conflicting domestic law. Accordingly, both the substantial content of the European Union Directives in the areas of equality, both in content and in the manner in which they are interpreted by the Court of Justice and other European Courts, will override domestic laws. This has been retained as […]
Equality Law in Northern Ireland: Public Authorities in Northern Ireland are required by Section 75 to promote equality of opportunity. Please refer to the separate chapter on the obligations set out in Section 75 of the Northern Ireland Act. This requirement applies to governmental bodies, local governmental bodies, and other statutory and public bodies. The […]
Anti-discrimination legislation takes the same broad approach, prohibiting four particular types of discrimination: direct discrimination, indirect discrimination, harassment, and victimization. It provides for tribunals that hear complaints on these bases. Under the Disability Discrimination Act: Where an employer or service provider makes an arrangement and has a physical feature of premises occupied that places the […]
Direct discrimination involves less favourable treatment of the person concerned based on characteristics attributable to gender, disability, religious belief, ethnicity, political opinions, etc. An assessment is made by comparing the person in the same material circumstances with a different characteristic, especially in the context of disabled persons. Discrimination must arise for a reason related to […]
The employment sex discrimination legislation applies to discrimination against officeholders. Officeholders are persons appointed to functions under governmental authority or bodies established under legislation or the equivalent charter or otherwise. In some such cases, the relationship is not one of employment. The person who undertakes a function specifically assigned, namely, the office. There are provisions […]
There are exceptions to the general prohibition on discrimination. Each is subject to particular terms and conditions. The terms will be strictly applicable for the exemption to be available. Steps taken by parties to reduce inequality in relation to election candidate selection or permit charities which confer benefits on one sex only or which benefits […]
The Equal Opportunities Commission for Northern Ireland is established to work towards the elimination of discrimination, elimination of harassment, and to promote equality of opportunity between men and women generally. They are to keep the equality legislation under review. They may undertake research or assist in research. They may provide educational facilities. The Commission is to […]