K-Zine

The Equality Bill 2004 published

This Bill to amend the Employment Equality Act 1998 and the Equal Status Act 2000 and to give effect to Directives 2000/43/EC (Race Directive), 2000/78/EC (Framework Directive) and 2002/73/EC (Equal Treatment Directive) has been published.

Broadly speaking the existing legislation prohibits discrimination on nine grounds in the areas of employment and access to goods and services. The bill proposes to apply the nine grounds to the area of equality while preserving the existing approach to employment and access to goods and services.

Among the main provisions of the Bill are the following:

Equal treatment for men and women regarding access to employment.
Equal treatment as regards vocational training, promotion and working conditions.
New definitions for "contracts of employment", "employees" (to include self employed persons).
Scope of the legislation to be extended to partners in partnerships.
Definition of "discrimination" to be amended to include within the definition less favourable treatment on the grounds of pregnancy or maternity leave.
Specific provisions relating to school leaving, recruitment ages and compulsory retirement ages to replace the existing exclusions from the age ground for persons aged under 18 years or over 65 years.
A new definition of "harassment" and "sexual harassment" proposed to take account of the definitions of conduct provided for in the Directives.
The Bill states that nature and extent of the employer's obligations to make reasonable accommodation for employees with disabilities and to take effective and practical measures to adapt the workplace unless a disproportionate cost burden would be imposed on the employer.
The application of the principles of equality to both men and women are amended.
The definition of discrimination for the purposes of the Equal Status Act to be amended to provide for the amendment of indirect discrimination.

In the Explanatory Memorandum to the Bill the view has been expressed that it is not anticipated that the amending legislation will give rise to significant additional costs for either employers or service providers. It specifically states that the provisions to strengthen accommodation of disability in the workplace will be balanced by reference to the level of the financial burden that would be imposed.