What does the law say?
The law says it is unlawful for a service provider to refuse to provide a service, or provide a service of a lower or worse standard to individuals on the grounds of their colour, race, nationality, ethnic or national origin.
All organisations which provide services to the public, whether large or small, are subject to race relations law and should not discriminate or harass on the grounds of colour, race, nationality, ethnic or national origins (including Irish Traveller).
As a provider of goods, facilities and services you have a responsibility to ensure that your employees do not discriminate against individuals. An employee who discriminates on racial grounds will usually be regarded as acting in the course of their employment, even if you have issued express instructions not to discriminate. This is called “vicarious liability”.
However, in legal proceedings against a service provider based on the actions of an employee, it is a defence that the service provider took, ‘such steps as were reasonably practicable’ to prevent such actions. Reasonable steps would include having an equality policy, communicating it to staff and implementing it effectively. It is not a defence for the service provider simply to show that the action took place without its prior knowledge or approval.
It is unlawful for anyone selling or managing property or premises to discriminate on racial grounds. For example, it would be unlawful for a landlord to refuse to rent or to evict someone on the basis of their race or colour or national origin.
For example:
It is also unlawful, on the grounds of race or ethnic or national origin, for a service provider to harass a person to whom it provides goods, facilities or services or to harass someone who seeks to obtain any of these goods or services.
There are some exceptions to the general principles of discrimination on the grounds of race:
How we can help We believe that helping you promote and encourage good equal opportunities practice is as important as enforcing the equality law. Every year, the Commission helps hundreds of businesses and organisations comply with equality laws. We recognise that employers' needs differ across sectors and businesses – so we tailor our services to meet employers’ varying needs.
We provide high quality training seminars and information sessions to employers on a wide range of equality issues.
These events provide advice and guidance on employers’ duties under current equality laws and on introducing best practice. We recommend that employers carefully consider their needs and choose the seminars and sessions which are of most benefit to them.
Training sessions include:
• Introduction to understanding equality • Equality training for line managers • Recruiting fairly • Bullying and harassment at work • Pregnancy, maternity and flexible working • Promoting disability in the workplace • Reasonable steps defence • How to complete an Article 55 Review • Monitoring form workshops
We are flexible in terms of themes covered and can tailor courses to suit employers’ business needs. Further details are available on our employer training page or contact us Tel: 028 90 500 600, email training@equalityni.org
To receive updates on our training seminars, events and employer equality networks sign up to receive our Employer & Service Providers' Newsletter using the subscribe button at the bottom of the page.