Annual Report 2004.pdf - Equality Authority

Caucasoid/Caucasian. Taking into accountthe provision of section 32(5) whichconsists of a subjective and objective test,the Equality Officer concluded that thestatements that someone was as uselessas an African, and the comments referringto people from the West Indies,constituted harassment.The Equality Officer referred to theEquality Authority’s Code of Practice onSexual Harassment and Harassment atWork (S.I. No. 78 of 2002) and rejected therespondent’s defence that it had donewhat was reasonably practicable toprevent the harassment and to deal withthe complaint. There was no reference inthe Human Resources Employee Handbookto harassment on the nine grounds in thecontext of the Employment Equality Act1998.“The manner in which the respondentdealt with the complainant’s complaintwas unsatisfactory and the failure to havean equality policy in place in allprobability contributed to that”.The Equality Officer found that therespondent did not at any stage(i)indicate to both parties the manner inwhich the complainant’s complaintwould be dealt with(ii) deal with the complainant’s complaintin accordance with either the informalmanner of investigation or formal manner(iii) clearly indicate any findings to thecomplainant in respect of herallegations(iv) clearly indicate to the employee inquestion that such behaviour wasunlawful and was regarded by it asserious misconduct(v) acknowledge to the complainant thatunacceptable comments had beenmade to her, or provide her with anapology either on its own behalf orfrom the employee(vi) take any apparent steps to ensure thatconduct of that nature did not recur.The Equality Officer awardedcompensation of €2,000 in respect of thediscrimination and €5,000 in respect ofthe victimisation. The Equality Officer alsorequired the respondent to provide theclaimant with a written apologyapologising for the harassment on the raceground and for its victimisation of her. Sheordered the respondent to draft anequality policy and effectivelycommunicate the document to all relevantpersons including management. She alsoordered the respondent to provide anequality training seminar within threemonths for management and to inform allstaff of the provisions of the EmploymentEquality Acts 1998 - 2004.Equality Authority Annual Report 2004 • 41