November is Race Equality Month. The main focus of the month is to raise awareness around race equality and to encourage employers and others to develop strategies to achieve equality of opportunity for both employees and customers/service users in this culturally diverse society.
The Race Relations (Northern Ireland) Order 1997, as amended, prohibits discrimination on racial grounds. Racial grounds means with reference to colour, race, nationality or ethnic or national origins. It is also unlawful to discriminate on the grounds of someone else's race, for example, discriminating against an employee because that employee has a black partner. The legislation also recognises the Irish Traveller community as a distinct and protected racial group.
Race discrimination can be direct. For example, a black woman would be directly discriminated against if a white woman at her workplace is allowed to work from home but she is not, when they are both doing the same job, unless there is a lawful explanation from the employer. It can also be indirect where an employment practice has a disproportionately adverse affect on a particular racial group. For example, a requirement to speak English is more difficult for people from outside the UK than for those from the UK.
The law also protects someone from racial harassment. Harassment includes behaviour that is offensive, frightening or in any way distressing. It may involve using nicknames, teasing, name-calling or other behaviour which is not with malicious intent but which is upsetting. It may be that the worker is being discriminated against by colleagues, rather than the employer. However, the employer is legally responsible for any discriminatory action carried out by one employee against another where this is carried out in the course of employment.
The law also protects against victimisation against anyone because they have taken action under the legislation, have given evidence or information in connection with proceedings brought by someone else, have done anything else connected to a claim of discrimination or have made allegations of discrimination against another person.
Taking action during Race Equality Month could involve:
• Reviewing policies and procedures regarding the provision of interpreters/translated information for employees or customers
• Developing a welcome pack/induction course for migrant workers
• Organising an information session for migrant workers on employment rights
• Organising a training event for employees on the issues of racism and cultural diversity
• Convening a focus group of black and ethnic minority workers to explore their needs and how best to meet them
• Providing or giving information on English language classes to employees
• Translating key information materials into relevant languages, eg, employee handbook, terms and conditions of employment, equality policies and health and safety information
• Reviewing equality policies to ensure that they adequately reflect a commitment to achieving full equality in practice for black and minority ethnic employees
• Forming a committee with representatives of management, trade unions and employees to prepare and promote an action plan for promoting race equality in the workplace.
Further information on race discrimination is available from your local CAB. More details about Race Equality Month, including information about free training events, are available from the Equality Commission for Northern Ireland on 028 90 890 890 or by visiting www.equalityni.org. The Commission has published a good practice guide for employers on employing migrant workers which is available for download from its website.