THE EQUALITY COMMISSION FOR NORTHERN IRELAND

1
THE EQUALITY COMMISSION FOR NORTHERN IRELAND

• An independent public body established under the
  Northern Ireland Act 1998.
• The Commissions general duties include
• Working towards the elimination of discrimination
• Promoting equality of opportunity and encouraging
  good practice
• Promoting affirmative/positive action
• Promoting good relations between people of
  different racial groups
• Overseeing the implementation and effectiveness
  of the statutory duty on public authorities
• keeping the relevant legislation under review
• On 1 October 1999 the Commission took over the
  functions previously exercised by
• The Commission for Racial Equality for Northern
  Ireland
• The Equal Opportunities Commission for Northern
  Ireland
• The Fair Employment Commission
• The Northern Ireland Disability Council.

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THE LEGISLATIVE CONTEXT

• SEX DISCRIMINATION (NI) ORDER 1976 (amended)1988
• Discrimination unlawful on the grounds of sex or
  marital status.
• Areas covered
• Recruitment arrangements
• Opportunities for promotion, transfer or training
• Terms of employment
• Dismissal
• Treating an employee unfavourably in any other
  way.
• For impact on recruitment and selection
  procedures see the EOCs
• Key Recommendations From The Code Of Practice -
  Removing Sex
• Bias From Recruitment and Selection

3
THE LEGISLATIVE CONTEXT

• SEX DISCRIMINATION (NI) ORDER, 1976 (amended)
  1988
• AREAS MOST LIKELY TO AFFECT RECRUITMENT AND
  SELECTION ARE
• Direct Sex Discrimination - Treating a woman, on
  the grounds of her sex, less favourably
• than a man is or would be treated in similar
  circumstances.
• Indirect Sex Discrimination - applying a
  condition or requirement which, although it is
• applied equally to both sexes, is such that a
  considerably smaller proportion of women than
• men can comply with it, which the person applying
  it cannot show to be justifiable.
• Direct Marriage Discrimination - Treating a
  married person on the grounds that he or she
• is married less favourably than a single person
  of the same sex would be treated (or vice
• versa).
• Indirect Marriage Discrimination - Applying a
  condition or requirement which has the
• effect of discriminating against married people
  because considerably fewer married people
• than single people of the same sex can comply
  with it and which the person applying it
• cannot show to be justifiable (or vice versa).

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THE LEGISLATIVE CONTEXT

• FAIR EMPLOYMENT AND TREATMENT (NI) ORDER 1998
• To ensure that employers actively practise fair
  employment
• To promote fair participation in employment by
  Roman Catholics and Protestants
• To set new standards of practice
• DIRECT DISCRIMINATION
• Treating a person on religious or political
  grounds less favourably than others are or
• would be treated in similar circumstances.
• such discrimination includes not only the
  complainants religious belief/political opinion
  but that of a third party (e.g. relative or
  person with whom he/she associates).
• may also be discriminated against because of
  his/her supposed religious belief or opinion or
  supposed absence of such belief or opinion.
• discrimination may be found to have taken place
  even if there is no deliberate intention or
  motivation to discriminate.
• INDIRECT DISCRIMINATION
• This consists of applying a requirement or
  condition which, even when without intent,
• adversely affects considerably more of one
  religious/political group than another and
• which cannot be justified on non-religious/politic
  al grounds e.g. requirement for
• applicants to live locally where the local area
  is predominantly populated by people
• from one religion.
• VICTIMISATION
• This consists of treating a person less
  favourably than others are or would be treated
• in the same circumstances because that person has
  made a complaints or allegation

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THE LEGISLATIVE CONTEXT

• FAIR EMPLOYMENT CODE OF PRACTICE
• Good Practice For All Employers - Two Core
  Components
• 1. Para 5.3.2 - 5.3.5 - systematic and
  objective recruitment
• 5.3.2 - aim of employers should be to ensure that
  members of both communities are aware of and
  encouraged to apply for job opportunities in
  their companies or undertakings. Recommended to
  prepare a job description and personnel
  specification
• 5.3.3 - employers should ensure that
• all eligible and suitable qualified persons are
  aware of vacancies and are encouraged to apply
  e.g. information seminars in schools
  representative of both the Protestant and the
  Roman Catholic communities
• make use of Jobmarkets particularly when it would
  not be cost-effective to advertise
• request that the job be advertised through the
  other Jobmarkets in the catchment area for the
  job in question
• make sure that recruitment is not confined to
  those agencies, schools or geographical areas
  which provide only, or mainly, applicants from a
  particular community and do not limit
  advertisements to a publication or other
  announcement which is likely to be read only, or
  mainly, by a particular community
• use application forms - these assist in the
  objective assessment of candidates
• include an equal opportunity statement in
  advertisements.
• 5.3.4 - unlawful to give instructions to, or
  bring pressure on, employment agencies or
  Jobmarkets to discriminate against members of a
  particular religious or political group.
• Avoid
• procedures by which applicants are mainly, or
  wholly, identified through existing employees,
  trade union or any other restricted group if this
  means that only members of a particular community
  or a disproportionately high number come forward.
• use of standing lists. If used should be valid
  for a limited period (6 months) and should
  include all eligible persons.
• use of applications for one job for the purpose
  of filling a different job.

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THE LEGISLATIVE CONTEXT

• 2. Para 5.3.6 - 5.3.7 - sound selection and
  promotion arrangements
• 5.3.6 - employers selection and promotion
  procedures should operate so as to ensure the
  appointment of the best person for the job. The
  actual procedures and their degree of
  sophistication will vary from firm to firm but
  should involve
• deciding on the qualifications, ability and
  potential ability needed for a particular job and
  on their relative importance
• ensuring that the nature and level of these
  requirements can be shown to be essential
• advertising the requirements clearly and, in the
  case of internal promotion, ensuring that all
  eligible candidates are notified and have an
  equal opportunity to compete
• applying the requirements fairly and consistently
  when short-listing, at interview, and throughout
  the selection process
• making certain that all candidates are given the
  same chance to demonstrate their abilities or
  potential abilities
• potential ability which can be developed through
  training may be as relevant as experience
• ensuring that no extraneous or irrelevant
  requirements are included in the selection
  process.

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THE LEGISLATIVE CONTEXT

• 5.3.7 - in selecting personnel, either initially
  or for promotion purposes, employers are strongly
  recommended to
• record the various relevant job-related factors
  before short-listing, interviewing and selection
• decide on the relative importance to be given to
  each factor at all stages of recruitment and
  ensure that these factors and relative importance
  are justifiable, appropriate to the job and
  clearly objective
• ensure that those making the selection are
  clearly informed of the relevant selection
  criteria and the need for their fair and
  consistent application and have been given
  guidance and training on sound selection
  procedure
• ensure, if at all possible, that all
  shortlisting, interviewing and selection panels
  comprise two or more people
• record the assessments and decision of
  short-listing, interviewing and selection panels
  in relation to the relevant factors and their
  importance
• retain all application forms and related
  documents for 12 months in order to be in a
  position to deal with any subsequent complaints
  about the implementation of the selection
  procedures.

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THE LEGISLATIVE CONTEXT

• RACE RELATIONS (NI) ORDER 1997
• Discrimination unlawful in the areas of
• employment
• education and training
• housing
• provision of goods, facilities and services
• A person discriminates against another if he/she
  treats a person
• less favourably on racial grounds than he/she
  treats or would
• treat other persons.
• Racial grounds - colour, race, nationality,
  ethnic or national
• origins.
• RACIAL EQUALITY DIRECTORATE
• To work towards the elimination of
  discrimination.
• To promote equality of opportunity between
  persons of different
• racial groups.
• To keep the working of the Order under review and
  to make
• proposals for amending the Order as necessary.

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THE LEGISLATIVE CONTEXT

• DISABILITY DISCRIMINATION ACT 1995
• Defines disability as follows A person has a
  disability ... if he/she has a physical or mental
  impairment which has a substantial and long-term
  adverse effect on his/her ability to carry out
  normal day-to-day activities. (Section 1)
• Section 4 of the Act renders it unlawful for an
  employer to discriminate against a disabled
  person in relation to recruitment, selection,
  training, promotion, terms and conditions of
  employment and dismissal. Applied to
  organisations with 20 or more people and means
  they must not treat a disabled person less
  favourably for a reason related to their
  disability than a non-disabled person without
  justification. Discrimination can also take
  place by way of victimization (Section 55)

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THE LEGISLATIVE CONTEXT

• DISABILITY DISCRIMINATION ACT 1995
• Employers may also have to make a reasonable
  adjustment if the premises or working
  arrangements place a disabled person at a
  substantial disadvantage compared to a person
  without a disability e.g. altering premises or
  working hours, reallocation of duties,
  supervision.
• The Act does not prevent an employer from
  appointing the best person for the job - its aim
  is to ensure that a disabled person, who could be
  the best person, is considered fairly. Seeks to
  ensure that a disability should not bar a person
  from employment or promotion unless it would
  really prevent them from doing the job and there
  is nothing the employer can reasonably do to
  overcome difficulties.

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THE LEGISLATIVE CONTEXT

• DISABILITY DISCRIMINATION ACT 1995 - IMPACT ON
• RECRUITMENT PRACTICES
• Job Descriptions
• duties and responsibilities should be strictly
  related to the needs of the job and should not
  include requirements which are unnecessarily
  restrictive e.g. requiring applicants to have a
  driving license when it is not essential -
  excludes blind people or some people with
  epilepsy.
• requesting effective oral communication skills
  when not essential to the job will disadvantage
  deaf people or those with speech difficulties.
• Personnel Specifications
• careful attention is needed when drawing up the
  personnel specification in order to promote
  equality of opportunity e.g. do not ask for
  educational qualifications which are unnecessary
  to perform the particular duties as some disabled
  people have had interrupted schooling because of
  their disability - this does not mean they are
  any less intelligent or less capable than
  non-disabled people
• physical characteristics call particularly for
  careful consideration in terms of health, energy
  and stamina requirements. Ideally should not be
  included as can discriminate against people with
  disabilities. Where some physical limitation
  does occur there are many pieces of equipment
  available to assist them to carry out the
  required tasks.
• Short-listing Stage
• any necessary practical arrangements should be
  made for the candidates to attend interviews e.g.
  accessibility, interpreter.
• The Interview
• steps must be taken to eliminate any
  discrimination in employment practices.
• added anxieties may be present in candidates with
  disabilities so every effort must be made to make
  the interview as unintimidating as possible.
• interviews should be specific, examining the
  skills, training, experience and ability of the
  interviewees and questions should not focus on
  the candidates disability.
• the biggest barrier that disabled people have to
  face is other peoples attitudes.