The Human Rights Act distinguishes between unlawful discrimination in
the public sector, Part 1A of the Human Rights Act, and the private sector,
Part 2. There are slight differences in the nature of complaints between
the two sectors. Disability is the most prevalent ground of complaint in the
public sector, while in the private sector, it is race-related complaints.
Complaints against
Government
There were 416 enquiries and complaints about unlawful discrimination
in the public sector (30 percent of all enquiries and complaints). The
majority, 185, were about disability, including complaints made about the
accommodation of disability in educational establishments. Race, colour
and ethnic-origin related enquiries and complaints accounted for 86.
Family status (45) religious belief (38) age (40) and sex (34) made up the
next significant tranche of enquiries and complaints.
Private sector complaints
The Commission received private sector enquiries and complaints about
unlawful discrimination on the ground of disability (274) and on the
grounds of the colour, race, national or ethnic origin (209). The other
unlawful discrimination complaints were on the grounds of sex (166), age
(96), family status (60), religious belief (47) and sexual orientation (42). We
had 22 complaints on the grounds of employment status. Ethical belief
and victimisation were cited in fewer than 22 matters.
We received private sector complaints about sexual harassment (89),
racial harassment (77) and racial disharmony (49).
Complaints progressed
through the dispute
resolution service
The dispute resolution process raises awareness of rights and
responsibilities under the Human Rights Act, encourages discussion on the
impact of unlawful discrimination and offers education to participants.
The process enjoys a high resolution rate, closing 1309 unlawful
discrimination complaints during 2015/16. A total of 84 percent of
enquiries and complaints dealt with by the disputes resolution team
were resolved, partly resolved or assistance provided that enabled the
complainant to progress the matter. Ten percent were not resolved and
were referred to the Human Rights Review Tribunal.
Closure or resolution of a complaint might include such things as a
personal and written apology, an acknowledgement of the reality of the
complainant��s situation, a fair work reference and payment for humiliation
and damages, or reimbursement of lost wages. In a significant number
of cases, there is agreement to change in processes which affect a large
number of people or future processes, i.e. real and systemic change.
This year there were 69 outcomes involving systemic change, ranging from
anti-discrimination training for staff to an organisation accommodating a
request to have a room available for prayers. Significant systemic changes
agreed through mediation included a school adopting an inclusive practice
Annual Report 2016
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