No 159 The Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2008
These Regulations make a variety of amendments to our anti-discrimination legislation as it pertains to gender and pregnancy only. As a result there is no longer a requirement for a comparator who is not pregnant when a woman is pursuing a case of discrimination on the grounds of pregnancy or maternity leave.
In addition the regulations make important amendments in relation to sex related harassment, in that there will no longer need to be a causative link between the harassment suffered.
This means that the wider concept of “related to” sex, as opposed to “on the grounds of” sex, means that a claim can be made by someone who was not subject to the unwanted conduct but nonetheless had the effect of violating his or her dignity or created a hostile, intimidating, degrading, offensive or humiliating environment for him or her. Further amendments brought in by the regulations include making it unlawful for an employer to fail to take reasonably practicable steps to protect employees from harassment by third parties where such harassment is known to have occurred on a least two other occasions.
Finally, the regulations narrow the extent to which it is not discriminatory to deprive a woman of the benefit of her terms and conditions of employment whilst she is on maternity leave. This can mean claims for discrimination in relation to terms available during Ordinary Maternity Leave but not during Additional Maternity Leave (This applies where the woman’s EWC is on or after 5/10/08.)
The Regulations widen the scope for employer liability especially in relation to matters such as harassment by a third party or indirect victims of harassment.