Duty to eliminate discrimination, sexual harassment or victimisation
15 Duty to eliminate discrimination, sexual harassment or victimisation
This section applies to a person who has a duty under Part 4, 6 or 7 not to engage in discrimination, sexual harassment or victimisation.
A person must take reasonable and proportionate measures to eliminate that discrimination, sexual harassment or victimisation as far as possible.
Part 8 does not apply to a contravention of the duty imposed by subsection (2).
S. 15(4) amended by No. 26/2011 s. 6.
A contravention of the duty imposed by subsection (2) may be the subject of an investigation undertaken by the Commission under Part 9.
The duty imposed by subsection (2) is in addition to—
a duty under Part 4, 6 or 7; and
in the case of a person who is a public authority, a duty under section 38 of the Charter of Human Rights and Responsibilities.
In determining whether a measure is reasonable and proportionate the following factors must be considered—
the size of the person's business or operations;
the nature and circumstances of the person's business or operations;
the person's resources;
the person's business and operational priorities;
the practicability and the cost of the measures.
Examples
1 A small, not-for-profit community organisation takes steps to ensure that its staff are aware of the organisation's commitment to treating staff with dignity, fairness and respect and makes a clear statement about how complaints from staff will be managed.
2 A large company undertakes an assessment of its compliance with this Act. As a result of the assessment, the company develops a compliance strategy that includes regular monitoring and provides for continuous improvement of the strategy.
This Act’s bill:Explanatory memorandumSecond reading speech
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