NI Equality Laws
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 bulk of Northern Ireland’s equality laws derive from European Union legislation and directives. Gender equality law predates EU membership. However, gender equality has been supplemented by EU-wide directives. The fair employment legislation is unique to Northern Ireland and seeks to promote equality of opportunity between communities. Race discrimination legislation dates back to the mid-1970s in England and Wales.
There are several statutes dealing with discrimination in various activities. The fundamental structure of the legislation is the same, with each addressing prohibitions on discrimination based on specific characteristics or qualities.
The Sex Discrimination (Northern Ireland) Order 1976 addresses gender discrimination as well as discrimination against married persons. Gender discrimination is unlawful in relation to employment, education, the availability of goods and services, facilities, and the letting of premises.
The Race Relations (Northern Ireland) Order 1997 prohibits discrimination on the basis of race, nationality, ethnic or national origin. It operates in the same areas as sex discrimination legislation.
The Disability Discrimination Act 1995 is a UK statute. It prohibits discrimination against disabled persons in employment, the provision of goods, facilities, and services. It applies, to some extent, to education and transport. Unlike other legislation (apart from the fair employment legislation), it allows and requires adjustments by way of positive discrimination.
The Equality (Disability) (Northern Ireland) Order confers powers on the Equality Commission to deal with disability affecting disabled persons.
Originally, fair employment and treatment legislation only dealt with employment. The 1998 legislation, reenacting the earlier 1976 legislation, extended the scope of the legislation to the sale and letting of premises, the provision of goods, facilities, and services. It applies to higher-level education only.
The Employment Equality (Sexual Orientation) Regulations introduced anti-discriminatory measures in relation to sexual preference in the workplace.
The various agencies established under the original legislation were amalgamated into the Equality Commission, which is responsible for the administration of anti-discrimination law generally.
Equality legislation supplements the duty in Section 75 of the Northern Ireland Act. The European Convention on Human Rights provides that persons should not be subject to discrimination in the exercise of conventional rights.
The European Convention on Human Rights plays an overarching role in the Northern Ireland legal system. Legislation must be interpreted in accordance with it. Provisions that contravene Convention rights may be invalidated.