Equality Laws

Equality legislation as per the NCPE’s remit covers equal treatment in:

• Employment;
• Education and vocational guidance;
• Banks and financial institutions (in the grant of any facility or insurance in respect of businesses or self- employment); and
• Goods and services.

The NCPE’s remit, in relation to employment; education and vocational guidance; banks and financial institutions covers equality on the grounds of sex/gender and family responsibilities, sexual orientation, age, religion or belief, racial or ethnic origin, and gender identity, gender expression or sex characteristics, as per Chapter 456, Equality for Men and Women Act. 

In relation to the access to and supply of goods and services, the NCPE’s remit covers non-discrimination based on race/ethnic origin and gender. This emanates out of LN 85/2007 Equal Treatment of Persons Order in relation to race/ethnic origin and LN 181/2008 Access to Goods and Services and their Supply (Equal Treatment) Regulations in relation to gender.

In all aspects of the NCPE’s remit, both direct and indirect discrimination are considered as forms of discrimination.

To this effect, direct discrimination is defined as ‘where a person is treated less favourably than another person is, has been, or would be, treated in a comparable situation’ and indirect discrimination is when ‘an apparently neutral provision, criterion or practice would put a person at a particular disadvantage compared with other persons, unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.’ 

Legal provisions also cover:

Instruction to discriminate is when one individual tells another individual to discriminate against a third person.

Victimisation is when an individual is treated discriminately because of having made a complaint about discrimination or because s/he has helped in proceedings about a case of discrimination.

Harassment is defined as when unwanted conduct occurs with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment.

Sexual Harassment is any form of unwanted verbal, non-verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humilating or offensive environment.

The NCPE’s remit also covers freedom of movement for workers in the EU in relation to:

• access to employment;
• conditions of employment and work;
• access to social and tax advantages;
• membership of trade unions and eligibility for workers’ representative bodies;
• access to training;
• access to housing;
• access to education, apprenticeship and vocational training for the children of workers; and
• assistance afforded by the employment offices.