This brief presentation introduces the basic principles and concepts relating to equality and diversity. It provides an overview of legal requirements which apply to housing providers in Northern Ireland.

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
• Age (related to employment and access to training)

5. RELEVANT LEGISLATION
• Equal Pay Act (NI) 1970
• Sex Discrimination (NI) Order 1976
• Disability Discrimination Act 1995 (DDA)
• Race Relations (NI) Order 1997
• Fair Employment and Treatment (NI) Order 1998
(religious/political beliefs)
• Employment Equality (Sexual Orientation) Regulations (NI)
2003
• Disability Discrimination Act 1995 (Amendment) Regulations
(NI) 2003
• Employment Equality (Age) Regulations (NI) 2006
• Disability Discrimination (NI) Order 2006

6. Northern Ireland Act 1998 –
Section 75 Statutory Duties
Section 75 of the Northern Ireland Act 1998 requires every public
authority to comply with two statutory duties:
1) In carrying out its function to have due regard to the need to promote
equality of opportunity:
• Between persons of different religious belief, political opinion, racial
group, age, marital status or sexual orientation
• Between men and women generally
• Between persons with a disability and persons without, and
• Between persons with dependents and persons without.
This is more than the elimination of discrimination - it encourages
a public authority to take action to address inequalities among
specified groups.

7. Section 75 duties (cont)
2) Without prejudice to its obligations under (1) above a
public authority shall in carrying out its functions have
regard to the desirability of promoting good relations
between persons of different religious belief, political
opinion or racial group.
The good relations duty embraces and extends beyond the
religious/political dimension of ‘community relations’, giving
consideration to the needs and interests of all minority
ethnic groups.
Recognition of the interdependence between equality and
good relations is crucial

8. Who does the Section 75 duty
apply to?
This applies to all Public Authorities in Northern Ireland
which are listed by the Equality Commission and includes:
• The NI Housing Executive
• Registered Housing Associations
Follow this link for a full list of the bodies which Section 75
applies to:
http://www.equalityni.org/ECNI/media/ECNI/Publications/E
mployers%20and%20Service%20Providers/Monitoring%20
and%20review/List_of_Bodies_DesignatedS75.pdf

9. Section 75 – Equality Scheme
• All designated public authorities are
required to prepare and submit an Equality
Scheme which conforms to Equality
Commission Guidance.
• This is a statement of the organisation’s
commitment to fulfilling its section 75
duties and must be approved by the
Equality Commission

10. What an Equality Scheme
must include
• The public authority’s arrangements for assessing its
compliance with the Section 75 duties and for consulting
on matters relevant to the duties.
• The public authority’s arrangements for assessing and
consulting on the likely impact of policies on the
promotion of equality of opportunity. This may include
screening and Equality Impact Assessments (EIA).
• Arrangements for publishing, training, monitoring and
review.
• Arrangements for access to policies and dealing with
complaints.

11. Disability Discrimination Act
1995
Public Authorities must also adhere to the Disability
Discrimination Act 1995 (DDA):
• Section 49A requires designated public authorities to have due
regard to the need to promote positive attitudes towards
disabled persons, and to the need to encourage participation
by disabled persons in public life.
• This duty is supported by an obligation to have a Disability
Action Plan, which outlines the procedural arrangements that a
public authority proposes to follow to fulfil the Section 49A
duties. The plan is intended to serve a function in relation to
those duties similar to that which equality schemes serve in
relation to the Section 75 duty.

12. 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.

13. 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.

14. 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
• Age (employment and training)

15. 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

16. 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.

17. 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

18. 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.

19. VICTIMISATION
• This occurs when someone is treated less favourably because
they have already made a complaint under the relevant
legislation (e.g. undertaken proceedings or threatened to bring
proceedings), have helped someone else to do so (e.g.
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.
• Example – you have complained about language that your
work colleagues use that you believe is racist. Now some of
your colleagues are refusing to speak to you

20. 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.

21. 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.