The Discrimination Legislation (Ordinance) is one of the key projects of the Disability and Inclusion strategy.
Discrimination legislation promotes and protects people’s right to equality of status, opportunity and treatment and non-discrimination on the basis of various ‘grounds of protection’ specified in the legislation.
What will the legislation do?
The legislation will make discrimination in employment and when accessing goods and services, education, accommodation and clubs and associations unlawful. There will be some exceptions to this general rule in certain justifiable situations.
People who feel that they have been discriminated against will be able to obtain advice and assistance to resolve their complaint in an informal manner. If the complaint cannot be resolved informally, there will be a mechanism for formal adjudication. If the complaint is upheld there will be various awards and remedies available.
Who will be protected?
The Sex Discrimination (Employment) (Guernsey) Ordinance, 2005 already makes discrimination on the grounds of sex, marriage and gender reassignment unlawful in employment. This will remain in force for the time being.
Phase one of the new legislation (which is due to come into force sometime in 2022) would cover discrimination on the grounds of:
Race (which includes colour, descent, national or ethnic origin and nationality)
Carer status (people who provide care or support for a close relative or a person that they live with who has a disability)
Phase two of the legislation will require further policy work to be undertaken prior to the introduction of the additional grounds of protection listed below.
Sex, marriage and gender reassignment (or equivalent grounds) will be reviewed and may be incorporated into the new legislation, repealing the existing Sex Discrimination Ordinance. This would mean that protection on these grounds would be extended beyond employment and that equal pay for work of equal value on the grounds of sex would be introduced