Unlawful discrimination by area Issues of potential unlawful discrimination fall into two categories: unlawful discrimination in the public sector (Part 1A of the Human Rights Act 1993) and unlawful discrimination in the private sector (Part 2 of the Human Rights Act 1993). As in previous years, the majority of unlawful discrimination enquiries and complaints related to the private sector; 70.64 per cent (1084) were about the private sector, with 28.16 per cent (443) about the public sector.1 Across both sectors, the majority of enquiries and complaints related to employment, a trend which has continued over several years. Employment-related complaints accounted for 30 per cent (447) of complaints. When combined with complaints related to pre-employment issues, this number increased to 42 per cent (627 complaints). Examples included bullying or unfair treatment in the workplace and complaints about employers who were perceived to be deliberately excluding certain job applicants. In 2013−14, within the area of employment and pre-employment, the largest number of enquiries and complaints received was on race related grounds. These included complaints about racial harassment at work and from people who felt they had been treated less favourably based upon their race, ethnicity, national origins or colour. Enquiries and complaints about the public sector made up the second largest area of enquiries and complaints, 398 in all, or 26 per cent of all unlawful discrimination approaches. Public sector complaints concern the application of legislation, policy or practice. This year, the largest number of complaints related to the education sector. Several complaints were also made about the Ministry of Social Development and its agencies, in relation to service provision and access to services. The Commission continued to progress a number of complaints about legislation which excluded people from being paid to take care of disabled adult family members. A High Court decision in the Spencer v Ministry of Health case affirmed that people who had complained to the Commission about the discriminatory family care policy before May 2013 could pursue those complaints and seek a remedy. Of those who made a complaint before May 2013 who said they wished to proceed, the circumstances of only a small number were found to meet the necessary criteria for further action. The Office of Human Rights Proceedings agreed to provide representation for three of the complainants. Complaints to do with the provision of goods and services made up 16 per cent of all enquiries and complaints, a similar level to previous years. Complainants said that they had been treated unfairly, stereotyped or harassed in retail situations or when accessing services. 1 Annual Report 2014 1.19 per cent had elements of alleged unlawful discrimination in both the public and private sectors. 29