1. The Equality Commission Role and Services
7-Dec-17
[Title of the course]
The Equality Commission Role and Services
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2. Course objectives By completing this course, you will know:
7-Dec-17
Course objectives
[Title of the course]
By completing this course, you will know:
The background of the Commission
Its structure
Its vision and mission
Its range of powers and responsibilities
Key Equality Laws in Northern Ireland
What discrimination is
Areas of everyday life covered by equality law
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3. Background of the Commission
7-Dec-17
[Title of the course]
Background of the Commission
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4. Section 1 – The Equality Commission
7-Dec-17
Section 1 – The Equality Commission
[Title of the course]
In this section you will learn about:
What the Commission is
Where the Commission came from
Its vision
Its mission
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5. What the Commission is Age Disability Sex Sexual Orientation Race
7-Dec-17
What the Commission is
[Title of the course]
The statutory body in Northern Ireland which promotes equality of opportunity and works to eliminate discrimination on grounds of:
Age
Disability
Sex
Sexual Orientation
The Commission is the statutory body in Northern Ireland which promotes equality of opportunity and works to eliminate discrimination on grounds of race, religious belief or political opinion, disability, age, sex and sexual orientation.
Race
Religious Belief / Political Opinion
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6. 7-Dec-17
What the Commission is
[Title of the course]
An independent public body established under Section 73 of the
Northern Ireland Act 1998.
Carries out regulatory functions on behalf of Government (enforces anti-discrimination law and legislation designed to promote equality)
Provides specialist advice to Ministers and others
Has a Province wide remit
Has a board whose members (commissioners) are appointed by the Secretary of State/NIO
Employs its own staff, who are not civil servants
Manages its own budget.
The Equality Commission for Northern Ireland is an executive non-departmental public body sponsored (i.e. funded) by the Office of the First Minister and Deputy First Minister.
Non-departmental public bodies are public organisations that assist government in delivering policy or services, often in areas where specialist knowledge might be needed.
As non-departmental public bodies are not part of the Government, the day-to-day decisions they make are independent. But Ministers are ultimately responsible to Parliament for the activities and effectiveness of decisions made by non-departmental public bodies sponsored by their department – the Office of the First Minister and the Deputy First Minister in the case of the Equality Commission. Departments are responsible for ensuring good governance of their public bodies. They do this by requiring bodies to submit annual business plans and regular reports on progress against these plans.
Being an executive non-departmental public body means that the Equality Commission was established by an Act of Parliament (the Northern Ireland Act 1998); carries out regulatory functions on behalf of Government (enforces anti-discrimination law and legislation designed to promote equality); provides specialist advice to Ministers and others; has a Province wide remit; has a board whose members (commissioners) are appointed by the Secretary of State for Northern Ireland / the Northern Ireland Office; employs its own staff, who are not civil servants; manages its own budget.
Equality House
7–9 Shaftesbury Square
Belfast
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7. Where the Commission came from
7-Dec-17
Where the Commission came from
[Title of the course]
Equal
Opportunities
Commission
Equality Commission for Northern Ireland
Commission
for Racial
Equality NI
Disability
Rights
Council
Fair
Employment
Commission
Northern Ireland led the way in the UK in terms of establishing an integrated equality body responsible for equality legislation on a range of grounds.
Set up by the Northern Ireland Act 1998, the Equality Commission for Northern Ireland took over the combined functions of the Fair Employment Commission (established in 1976) – responsible for religious discrimination law; Equal Opportunities Commission for Northern Ireland (established in 1976) – responsible for sex discrimination law including equal pay; Commission for Racial Equality for Northern Ireland (established in 1997) – responsible for race relations law; and the Northern Ireland Disability Council (advisory body).
In Northern Ireland there is a separate Human Rights Commission, also established in 1998 under the Northern Ireland Act (as part of the Belfast Agreement). The two Commissions meet regularly to ensure that we co-operate and work together on areas of mutual interest and to ensure that there is no unnecessary duplication of our functions.
The Equality Commission also has a Memorandum of Understanding with the Community Relations Council which primarily works to promote good relations between the two main religious communities in Northern Ireland.
The Commission’s equivalent body in the Republic of Ireland is the Equality Authority, established in 1999.
In GB the Equality Act 2006 established the Commission for Equality and Human Rights (CEHR) a powerful, authoritative, single voice on equality and human rights that came into being in October 2007.
Human
Rights
Commission
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8. The Commission’s Vision
7-Dec-17
The Commission’s Vision
[Title of the course] 1 2 3 1
A shared, integrated & inclusive place 2
A society where difference is respected and valued 3
Based on equality and fairness for the entire community
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9. The Commission’s Mission
7-Dec-17
The Commission’s Mission
[Title of the course]
Through
Promotion
Advice
Enforcement
Advance equality
Promote equality of opportunity
Encourage good relations
Challenge discrimination
The Commission is working to see its vision for Northern Ireland become a reality by advancing equality, promoting equality of opportunity, encouraging good relations and challenging discrimination through promotion, advice and, where necessary, enforcement.
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10. The Equality Commission’s Role
7-Dec-17
[Title of the course]
The Equality Commission’s Role
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11. Section 2 – The Commission’s Role
7-Dec-17
Section 2 – The Commission’s Role
[Title of the course]
In this section you will learn about the Commission’s role in:
Supporting Complainants
Providing Advice and Assistance
Investigation and Enforcement
Promoting Equality & Good Relations
Overseeing the Public Sector Equality & Good Relations Duties
Conducting Research
Reviewing Legislation
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12. Commission’s Role It’s wide range of powers and responsibilities
7-Dec-17
Commission’s Role
[Title of the course]
It’s wide range of powers and responsibilities
Advising & assisting people who believe they have been discriminated against
Overseeing statutory duties on public authorities to take equality and good relations into account in its work
Enforcing the law
(enforcement powers are different across the various equality grounds)
Research
The Commission has a wide range of powers and responsibilities. These include general duties which apply to all equality grounds as well as some specific duties which are set out in the separate pieces of legislation. Our day-to-day work includes advising and assisting people who believe they have been discriminated against; enforcing the law (enforcement powers are different across the various equality grounds); providing information, educating about and promoting equality and good relations; overseeing statutory duties on public authorities to take equality and good relations into account in its functions; research; keeping the equality legislation under review and making recommendations to government for change.
To guide its operations and to ensure that it maintains a focus on its objectives, the Commission produces a three-year corporate plan which sets out strategic priorities and impact measures for the period.  It consults widely on the corporate plan before it is approved by the sponsoring body, the Office of the First Minister and Deputy First Minister (OFMDFM). 
Providing information, education and promoting equality and good relations
Keeping the equality legislation under review and making recommendations to government for change
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13. Supporting Complainants
7-Dec-17
Supporting Complainants
[Title of the course]
The Equality Commission gives advice and assistance to people who believe they have been discriminated against because of their:
Age
Disability
Race (including colour, nationality, ethnic or national origins, including being an Irish Traveller)
Religious belief or political opinion
Sex (including married or civil partner status)
Sexual orientation
The Equality Commission gives advice and assistance to people who believe they have been discriminated against on these grounds.
It also provides information and advisory services to promote awareness of the Commission and the equality legislation covering these areas to a wide range of individuals, organisations, service providers, the education sector and employers.
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14. Providing Advice and Assistance
7-Dec-17
Providing Advice and Assistance
[Title of the course]
The Equality Commission does not decide whether discrimination has in fact occurred
This decision is made by an independent industrial tribunal, court or Special Educational Needs & Disability Tribunal
Assistance from the Commission ranges from simply giving advice to, in some cases, arranging for legal representation for people who believe that they have been discriminated against. The Commission can also take legal action against individuals and organisations in some circumstances – for example, if they have published an advertisement which is discriminatory.
The Commission does not decide whether discrimination has in fact occurred. That decision is made by an independent industrial tribunal (employment cases), county court (goods, facilities, premises, services or further and higher education cases), or the Special Educational Needs and Disability Tribunal (disability discrimination in schools cases).
However, in reaching their decisions, tribunals and courts can take account of Codes of Practice & guidance produced by the Commission.
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15. Investigation and Enforcement
7-Dec-17
Investigation and Enforcement
[Title of the course]
The Commission has powers
to ensure that people
comply with the legislation
including some powers to
investigate particular
organisations or practices
One of the Commission’s key aims is to promote affirmative / positive action to bring about greater equality in employment and the wider society. It can in some circumstances use its legal powers to bring about changes in policies and practices.
For example, under fair employment legislation (religious discrimination law), employers must register with the Commission and monitor and review the make-up of their workforces by religion, and their employment practices. The Commission has powers to ensure that employers carry out these duties.
By comparison, while the law allows employers to take positive action to ensure they have a balanced workforce by gender, for example, there is no requirement to do so and the Commission cannot compel employers to take such positive action. The Commission would like to see employment monitoring and positive action on other grounds become mandatory as the fair employment legislation has shown that strong measures actually result in real change. NOTE the increase in recruitment of Catholics to PSNI since introduction of 50:50 measures – up from 8% to <20% in just a few years.
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16. Promoting Equality & Good Relations
7-Dec-17
Promoting Equality & Good Relations
[Title of the course]
Promoting and encouraging good equal opportunities practice is as important as enforcing the law
The Commission gives information, advice and training to help employers, trade unions, service providers, voluntary and community organisations and others.
The Commission also offers an information service to all these groups and to students, the media and the general public.
The Commission issues publications and Codes of Practice to give guidance and set standards for fairness and equality. They cover topics like employment, equal pay, housing, and the provision of goods, facilities and services.
You can get these publications by contacting the Commission’s Enquiry Line (Telephone ) or find them on our website
The Commission also carries out public education campaigns to raise awareness of the issues, and works in partnership with others to help build a more equal society.
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17. Overseeing Public Sector Equality & Good Relations Duties
7-Dec-17
Overseeing Public Sector Equality & Good Relations Duties
[Title of the course]
The Commission oversees
how effectively public authorities
carry out the duties placed on
them by Section 75 of the
Northern Ireland Act
Section 75 of the Northern Ireland Act places significant duties on public authorities to promote equality and good relations in their functions. Public bodies that are subject to this law include government departments; Health Boards & Trusts; colleges & universities; local councils; and independent public bodies that have specialist functions. Schools are not currently designated by the Secretary of State for Northern Ireland as public authorities and are not subject to the Section 75 duties.
The designated bodies must promote equality of opportunity in age; marital status; disability; political opinion; race; religious belief; sex; sexual orientation; and whether or not people have dependents. They must also promote good relations between people of different racial groups, religious beliefs or political opinion.
These duties include producing “equality schemes” to explain how they are going to promote equality; carrying out “equality impact assessments” on how policies will affect people from the groups listed in the Act; and asking people from the groups for their views.
The Commission oversees how effectively the duties are being carried out, including approving equality schemes, investigating complaints and giving advice and training to public authorities and others.
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18. Conducting Research Provides reliable information and
7-Dec-17
Conducting Research
[Title of the course]
Provides reliable information and
informs the debate on equality
issues
A Key Inequalities statement,
published Oct 2007, highlighted
persistent inequalities in Northern
Ireland in a number of areas. The
statement was based on a variety of
research and its findings informed
the Commission’s work
The equality legislation contains provisions which allow the Commission to conduct research or commission others to carry out research which is necessary or expedient for the effective exercise of the Commission’s duties and functions.
The research team provides a focus for research within the Commission and seeks to ensure and facilitate the development of policy which is fully informed by research. 
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19. Reviewing Legislation
7-Dec-17
Reviewing Legislation
[Title of the course]
The Commission monitors the
way that Northern Ireland’s
equality laws are working, and
makes recommendations to
Government on ways in which
they can be improved
The Commission monitors the way that Northern Ireland’s equality laws are working, and makes recommendations to Government on ways in which they can be improved.
For example, the Commission is pressing Government for single equality legislation for Northern Ireland which will harmonise existing anti-discrimination and equality legislation as far as is practicable and extend existing provisions where appropriate. 
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20. Equality Law in Northern Ireland
7-Dec-17
[Title of the course]
Equality Law in Northern Ireland
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21. Section 3 – Equality Law In this section you will learn about:
7-Dec-17
Section 3 – Equality Law
[Title of the course]
In this section you will learn about:
What discrimination is
Types of discrimination
What discrimination law covers
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22. What discrimination is
7-Dec-17
What discrimination is
[Title of the course]
Generally, discrimination is treating someone less favourably purely because of their:
Sex
Age
Singled out
for worse treatment
Disability
Sexual
Orientation
Religious
Belief
Note
Discrimination is not always unlawful and some discrimination can be justified despite equality laws
Examples of discrimination at work:
Not appointing the best person to a job because he or she is a particular religion (religious discrimination).
Dismissing a female employee when it becomes known that she is pregnant (sex and pregnancy discrimination).
Not appointing someone to a post because it is suspected that they are gay (sexual orientation discrimination). It doesn’t matter whether the person is in fact gay or not.
Harassing someone at work because they are from a minority ethnic background (racial harassment is unlawful discrimination). Harassment can range from racist comments, jokes or banter to physical behaviour including assault.
Not promoting or training an employee because the employer thinks they are too old (age discrimination).
Not appointing a person with a disability to a job even though they could do the job with a minor adjustment to the job or the normal working conditions (disability discrimination).
Examples of discrimination in providing goods, facilities, services and premises:
Refusing to serve a customer or serving them in a worse manner because of their race; gender; disability; sexual orientation or religion (for example in a restaurant or shop). Anti age discrimination applies only to employment matters it does not apply to providing goods, facilities, services or premises.
Denying access to a service or facility or offering that access or service on worse terms (unless justified for non-discriminatory reasons). For example, requiring men to pay more than women for the same service; preventing disabled people from accessing a service because of physical barriers; charging Irish Travellers a deposit up front when other people would not be charged.
Note - Justification
Discrimination is not always unlawful and some discrimination can be justified despite equality laws. For example, in disability discrimination legislation less favourable treatment can be justified if there is a reason for the treatment which is both material to the circumstances of the particular case (i.e. there is a clear connection between the reason for the treatment and the circumstances of the particular case) and is substantial (i.e. is more than minor or trivial); no reasonable adjustment could have been made; or is the result of a permitted form of selection under SENDO 2005.
In race and sex discrimination legislation there are exceptions where being of a particular sex or racial group is a genuine occupational qualification for a job.
The Equality Commission can give information about justifications under all areas of equality laws.
Race
Political
Opinion
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23. Types of discrimination
7-Dec-17
Types of discrimination
[Title of the course]
Direct
Indirect
Failure
to make
reasonable
adjustments
Harassment
Victimisation
Direct discrimination is often easy to spot. It is less favourable treatment on grounds of a person’s age; disability; sex or marital/civil partner status in employment only; race; religious belief or political opinion; or their sexual orientation. For example, refusing to employ someone because they are Polish.
Indirect discrimination is much harder to identify and can be so subtle that people don’t even recognise that they are being discriminated against. Indirect discrimination occurs when a condition, criterion or practice is applied equally to all but it has the effect of disadvantaging a person or group on a particular equality ground. For example, requiring all applicants for a job to have a high standard of English could indirectly discriminate against people who don’t have English as a first language (e.g. to people of a different racial background or deaf people whose first language is sign language). Age; experience; qualifications; height and dress requirements all have the potential to be indirectly discriminatory.
A failure to make reasonable adjustments applies only in disability discrimination legislation. It applies in employment; the provision of goods, facilities, services and premises; and education. It is a failure to take reasonable steps to ensure that a provision, criterion, practice or any physical feature of premises does not place a disabled person at a substantial disadvantage compared with people who are not disabled.
Victimisation is treating a person less favourably than other people in the same circumstances because they have brought proceedings under a particular piece of equality legislation; given evidence or information in connection with such proceedings; or alleged that someone else has contravened a particular piece of equality legislation.
Harassment is unwanted conduct on grounds of age; race; religious belief or political opinion; disability; sex; or sexual orientation which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
Pregnancy
related
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24. What discrimination law covers
7-Dec-17
What discrimination law covers
[Title of the course]
Employment
Accessing goods,
facilities,
& services
(except for age)
Housing &
accommodation
Education
(with some
exceptions)
At present, there is no consistency across equality grounds in relation to what situations are covered or protected from discrimination. Each piece of legislation has to be considered separately to determine coverage. For example age legislation only protects individuals in employment situations.
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25. Equality Commission’s Role
7-Dec-17
Course summary
[Title of the course]
This short course has covered the following subjects:
Background
of the
Equality Commission
Equality Law in
Northern Ireland
Equality Commission’s Role
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26. 7-Dec-17
For more
[Title of the course]
If you want more information about these subjects, or the Equality Commission …
see our website
us on
Ring our Reception
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