Sex,disability and race: the new rules

Discrimination law affects registered social landlords as employers, service providers and landlords. The key laws have been supplemented and amended in recent years and more changes are due, many as a result of 2000's European Race Directive and Equality Framework Directive. Here's a round-up of the major amendments that apply to housing providers.

Sex discrimination
The 2003 amendments to the 1975 Sex Discrimination Act have applied from 19 July 2003 and make it unlawful to discriminate against an ex-employee in certain circumstances. This affects disputes around entitlement to benefits, including pensions.

Race relations

There were more amendments on 19 July 2003, which affect particularly the rules about indirect discrimination and make it unlawful to racially discriminate after termination of employment.

Indirect discrimination
The 1975 Sex Discrimination Act and the 1976 Race Relations Act made indirect discrimination unlawful, but these rules have recently changed. Where indirect sex discrimination is alleged in an employment context, a new test applies, covering a wider range of potentially discriminatory actions. Similarly, a new indirect race discrimination test has been formulated. Again, this regulates more situations and should be easier to prove. The new race discrimination test applies not just to employment, but also to certain cases involving public authorities, the provision of goods, facilities and services, and the disposal or management of premises.

Disability issues
In October 2004, some final provisions of the 1995 Disability Discrimination Act will come into force. Those providing goods, facilities or services to the public will have to make reasonable adjustments to the physical features of their premises to overcome physical barriers to access. Service providers are expected to anticipate such barriers, rather than await problems.

These requirements constitute an extra duty: obligations already exist not to discriminate in the provision of services and to make adjustments to practices, policies or procedures where necessary.

The exemption from the provisions of the Disability Discrimination Act for employers with fewer than 15 employees will also be removed from October 2004.

Under the draft law, the definition of disability would be extended to cover people with HIV, multiple sclerosis and cancer

A draft Disability Bill was published in 2003 that would introduce new obligations on public bodies to promote equality of opportunity for disabled people, and extend the application of anti-discrimination provisions in relation to public bodies. The definition of disability would be extended to cover people with HIV, multiple sclerosis or cancer. The bill would also require landlords and property managers to make reasonable adjustments to their policies and practices for disabled tenants or prospective tenants.

The case North Devon Homes Limited v Christine Brazier [2003] EWHC 574 involved a tenant suffering from paranoid psychosis, which led to antisocial behaviour. When her landlord took possession action, the court viewed that as discrimination on the basis of her disability, which was not justified. In light of that, it was not deemed reasonable to grant possession.

Harassment
The European Race Directive and Equality Framework Directive require UK law to prohibit harassment. The Race Relations Act and Disability Discrimination Act have been amended to this effect; in the Race Relations Act the prohibition has a broad application, but in the Disability Discrimination Act it only applies in an employment context. The Sex Discrimination Act has not, however, been amended to include harassment.

New areas of anti-discrimination law
Legislation to prevent discrimination on the basis of age will not be brought into force in the UK before October 2006. The government is currently consulting on this.

The Employment Equality (Sexual Orientation) Regulations 2003 (SI 2003/1661) came into force on 1 December 2003. These make it unlawful to discriminate against an individual, in an employment context, on the basis of his or her sexual orientation.

Challenges have also been brought under the Human Rights Act 1998 in an attempt to protect the succession rights of same-sex couples under the Rent Act 1977. The Housing Bill passing through parliament will protect these rights under most tenancies.