Accent bias: How can employers minimise discrimination in the workplace?

By Alan Hickey, Service and Operations Director at Peninsula

Sinn Féin have introduced draft legislation seeking to add a new ground of socio-economic status to employment equality legislation. The principal aim of the proposed law is to protect job applicants and employees from suffering discrimination due to socio-economic disadvantage.

Employment equality legislation currently outlaws discrimination based on the grounds of gender, civil status, family status, sexual orientation, age, disability, race, religion and membership of the travelling community. The Equality (Miscellaneous Provisions) Bill 2021, if enacted, would introduce a new ground of ‘socio-economic disadvantage’ that may be indicated by a person’s inclusion in a socially or geographically identifiable group.

Under the proposed law, if employees or job applicants suffer unfair treatment based on their socio-economic circumstances, including their ‘social or regional accent’, the employer will be exposed to discrimination claims.

Although this law is at a very early stage of the legislative process, a previous attempt to introduce this type of reform of employment equality law received support from Fianna Fáil and the Green Party. The Sinn Féin legislation may, therefore, progress given the current makeup of the government.

Discrimination is a massive risk for employers. It can often occur when an employee isn’t aware of the employer’s obligations under employment equality law. The ignorance of an employee will be no defence for an employer, and employers may be held liable for any discriminatory actions carried out by an employee in the course of their employment.

To defend a discrimination claim, employers must show that they took all reasonable steps to prevent any such discrimination taking place. Employers must therefore take strong measures to reduce the possibility of any discriminatory action or behaviour occurring.

The best way for employers to reduce the risk of discrimination is to educate their workforce. All employees should understand that the whole organisation plays their part in preventing all forms of discrimination. Each individual employee should understand the types of behaviour that will be regarded as discrimination and their role in promoting equality and diversity.

An appropriate anti-discrimination policy, including a procedure allowing staff to seek advice or make a complaint in respect of discrimination, is a must. The policy should confirm that any discriminatory behaviour or actions will be viewed as a serious disciplinary matter. Employers need to treat complaints seriously and demonstrate to staff that unfair treatment will be dealt with promptly and fairly.

Given the serious consequences of failing to comply with employment equality law, the importance of proper communication and regular staff training can’t be understated. If the Sinn Féin legislation does pass later this year, employers will need to update their policies and communicate how the change in the law affects both the organisation and individual employees.