Legislation and concepts – this applies to Northern Ireland only

1. Equality, Diversity
& Inclusion
Legislation and concepts – this applies to
Northern Ireland only

2. LEGISLATION
• In Northern Ireland there is not one single
piece of legislation relating to equality
• Instead there is a range of anti-
discrimination legislation which protects
people and recipients of services from
unlawful discrimination, harassment or
victimisation

3. THE EQUALITY COMMISSION
• The Equality Commission oversees equality and
discrimination legislation in Northern Ireland
• The definitions in this presentation relating to
equality and discrimination are informed by the
Equality Commission
• Its website contains information and advice
about equality in Northern Ireland for service
users, individuals, employers and employees
http://www.equalityni.org

4. WHO DOES EQUALITY LEGISLATION IN
NORTHERN IRELAND APPLY TO?
Equality legislation protects people from
discrimination on the grounds of:
• Sex
• Gender reassignment
• Pregnancy and maternity
• Religious belief
• Political opinion
• Race, colour, nationality, ethnic or national origins
• Sexual orientation
• Disability

5. RELEVANT LEGISLATION
• Employment Equality (Age) Regulations (Northern Ireland)
2006
• Disability Discrimination Act 1995 (DDA) and the Disability
Discrimination (Northern Ireland) Order 2006 (DDO)
• Employment Equality (Sexual Orientation) Regulations
(Northern Ireland) 2003
• Fair Employment and Treatment (Northern Ireland) Order
1998 (religion and belief or political opinion)
• Race Relations (Northern Ireland) Order 1997
• Sex Discrimination (Northern Ireland) Order 1976, Equal Pay
Act (Northern Ireland) 1970 sex (including gender
reassignment, marriage and civil partnerships, and maternity
and pregnancy)

6. PUBLIC SECTOR EQUALITY
DUTY
Section 75 of the Northern Ireland Act 1998 places a duty on
public authorities to have due regard to the need to promote
equality of opportunity between:
• people of different religious beliefs, political opinions, racial
groups, ages, marital statuses or sexual orientations
• men and women generally
• people with and without a disability
• people with and without dependants
• Public authorities are also required to have regard to the
desirability of promoting good relations between persons of
different religious belief, political opinion and racial group.

7. PUBLIC SECTOR EQUALITY
DUTY
• Section 76 of the Northern Ireland Act
1998 requires public authorities not to
discriminate on grounds of religious belief
or political opinion when carrying out
functions relating to Northern Ireland.

8. THE RACE RELATIONS ORDER 1997
Makes it illegal to treat anyone less favourably on
the grounds of colour, race, nationality, ethnic or
national origin in the following areas:
• employment
• education
• the disposal and management of premises
• the provision of goods, facilities and services.

9. THE RACE RELATIONS
ORDER 1997 Cont.
• The Irish Traveller community is
specifically identified in the Order as a
racial group which is protected against
unlawful racial discrimination.
• The Order also provides that segregation
on racial grounds constitutes
discrimination.

10. DISCRIMINATION
Discrimination is less favourable treatment of a
service user or prospective service user on the
grounds of:
• Sex
• Gender reassignment
• Pregnancy and maternity
• Religious belief
• Political opinion
• Race, colour, nationality, ethnic or national
origins
• Sexual orientation
• Disability

11. DIRECT DISCRIMINATION
When a person (or organisation) treats or
would treat someone less favourably than
others on one of the grounds in the same or
similar circumstances.
Example: A housing organisation refuses to
rehouse someone because of his or her race

12. INDIRECT DISCRIMINATION
There are 3 definitions of indirect discrimination:
1. A provision, criterion or practice is applied or would apply equally in a
situation which puts certain people at a disadvantage and which
cannot be shown to be a proportionate means of achieving a
legitimate aim.
2. A requirement or condition is applied or would apply equally in a
situation: where a considerably smaller proportion of certain people
can comply with it; which is not justifiable; and which is to the
detriment of the individual because they cannot comply with it.
3. It covers not only individuals who are put at an actual disadvantage
by a provision, criterion or practice but also individuals who would be
put at such a disadvantage. This will therefore cover individuals who
are deterred from trying to access a service because of a provision,
criterion or practice.

13. INDIRECT DISCRIMINATION
Example: A housing association advertises
to recruit concierges and stipulates
applicants must be over 1.6 metres tall. This
would indirectly discriminate against women
as a greater proportion of women will be
under this height than men

14. HARASSMENT
• Where a person engages in conduct which, on a protected
ground, has the effect of violating another person’s dignity
or creating an intimidating, hostile, degrading, humiliating
or offensive environment for that person.
• Where harassment by service providers is not specifically
mentioned in the legislation, it is possible for a person who
feels harassed (and has been subjected to a detriment) to
make a case that the harassing behaviour is less
favourable treatment and therefore discriminatory.

15. VICTIMISATION
• This occurs when someone is treated less favourably
because they have already made a complaint under
the relevant legislation (eg. undertook proceedings or
threatened to bring proceedings), have helped
someone else to do so (eg. provided evidence in
proceedings or acted as a witness), or alleged that a
service provider or others have committed an unlawful
act under the law.
• Protection from victimisation is intended to ensure that
people are not deterred from complaining about
discrimination out of fear of further adverse treatment.

16. REFUSAL OF SERVICE
• A service provider cannot refuse to provide
(or deliberately not provide) a service to a
customer on one of the statutory non-
discrimination grounds which it offers to
other people.
• The service provider cannot refuse to
provide services even if it thinks that
serving that customer will upset or raise
objections from other customers.

17. STANDARD OR MANNER OF SERVICE
• A service provider must not offer an
individual (or group of individuals, or an
organisation) on one of the statutory non-
discrimination grounds a lower standard
(quality) or inferior service or serve them in
a worse manner.
• A lower standard of service may include
being off hand, hostile, less courteous or
rude towards them.