The Employment Equality Act, which comes into force today, comprehensively extends protection against discrimination. Its predecessor concentrated on discrimination based on gender and marital status. The new Act also covers discrimination based on race, age, sexual orientation, family status, disability, religious belief and membership of the travelling community.
Moreover, it will draw a distinction for the first time between direct and indirect discrimination. Thus an employer will, for example, be forbidden under the law not only to discriminate against someone because of religious affiliation but will also be prohibited from imposing conditions of employment which would be offensive to an employee's religious belief.
The inclusion of indirect discrimination under the law will force employers to think harder about conditions of employment, especially as indirect discrimination has been outlawed, regardless of whether the employer intentionally intends to discriminate.
Many employers may regard the Act as an extra burden in businesses under pressure from competition within an open market. Many others may look upon the Act's provisions as an extension of political correctness in the work place. Both these attitudes are out of place in a community which makes claims to modernity.
Society in this State has changed dramatically since equality in employment legislation was introduced in 1977. At that time, there appeared to be little reason to legislate against discrimination on racial grounds. Now, with an increasingly multi-ethnic population, particularly in urban areas, there is an obvious need to do so. The inclusion of religious belief, disability, sexual orientation, family status and membership of the travelling community as categories needing protection, is long overdue. The Act's emphasis on the capabilities of older workers is also to be welcomed.
Enforcement of equality legislation passes from the Employment Equality Agency (EEA) to the new Equality Authority which has a much broader remit and will have an expanded investigative arm under the Director of Equality Investigations.
The final report of the EEA provided strong arguments for the need for extra powers in this area. It showed an increase of 34 per cent in bullying and sexual harassment in the workplace over the previous year. Much of this may have been due to increased reporting of such activity but the figure was still an intolerable one. Devious methods of circumventing the law were also reported, especially against women returning to work from maternity leave. The bully is often motivated by jealousy, cowardice and a sense of personal inadequacy. Victims are chosen from the most vulnerable and it is salutary to note that only five per cent of complaints to the EEA in its final year came from men. The increasing willingness to report instances of discrimination was one of the EEA's most significant achievements. It is to be hoped that the Equality Authority, under the new legislation, will build on the accomplishments of its predecessor, not only in reporting infringements of the law, but also in recruiting employers as their allies in combating discrimination.