The Discrimination (Jersey) Law 2013 is due to come into effect on 1st September 2014. It prohibits less favourable treatment on the grounds of race. Race is the only protected characteristic to be outlawed by the legislation. Further protected characteristics are intended to come within scope, and it is likely that discrimination on the grounds of sex will be covered next. However, this is not due until the latter part of 2015.The main provisions of the Law are set out below. The Law covers discrimination in employment, education, goods, facilities, services etc. This document focuses only on the employment arena.

Scope
The Law prohibits race discrimination consisting of acts against candidates for employment, employees, ex-employees partnerships, agency workers, those undertaking voluntary work.Race includes colour; nationality; national origins and ethnic origins.Specifically in relation to employees/candidates for employment, it will be unlawful to discriminate:

– In determining who should be offered employment;
– In the arrangements made for the purpose of determining who should be offered employment;
– In the terms and conditions offered or afforded;
– In decisions to promote or offer training;
– By dismissing an employee;
– In selecting an employee for redundancy;
– By subjecting the employee to any other detriment.

Forms of Discrimination
The Law covers 4 forms of discrimination:

• Direct – where someone is treated less favourably than someone else is treated or would be  treated because of their race;
• Indirect – where a provision, criterion or practice (PCP) which is discriminatory is applied, and that PCP puts someone with the protected characteristic at a disadvantage. It is possible to objectively justify indirect discrimination;
• Victimisation – where someone is treated less favourably because they have made a complaint under the Law, or gave evidence in connection with proceedings brought under the Law etc;
• Harassment – where a person engages in unwanted conduct towards a subject that is related to race, and that conduct violates the subject’s dignity or creates a hostile, degrading atmosphere.

Genuine Occupational Requirement
Discrimination will not occur when an employer has a genuine occupational requirement to employ someone where the decision taken to recruit was based on race. This could cover, for example, an Italian restaurant attempting to maintain the authenticity of customer experience. Other exemptions exist in relation to the choice of a carer at home or for someone to perform domestic duties at the employer’s home or to care for a child.

Claims
Discrimination claims can be brought to Tribunal permitted they are made within 8 weeks of the discriminatory act, or the last act in a series of acts. This time limit may be extended if the Tribunal considers it reasonable.

Remedy
Where a claim succeeds, the Tribunal may:

• order the respondent to pay compensation:

– maximum £10,000 for financial loss, and
– maximum £5,000 for hurt and distress.

• order that the respondent takes action to reduce the adverse effect on the complainant of any act of discrimination which has taken place.

Total compensation available is subject to an overall cap of £10,000.