Equality for men and women: is it part of the HR manager's remit?

In 2003 the Equality for Men and Women Act (Act 1 of 2003), Chapter 456, was passed and the subsequent setting up of the National Commission for the Promotion of Equality for Men and Women (NCPE) last January provided a body responsible for monitoring the implementation of the provisions of this Act and take action where discrimination is suffered by either women or men.

Other than act as a monitoring body to see that no discrimination is made between women and men in the various sectors, the NCPE also works to promote a society where women and men have the same opportunities to enjoy a full, work-life balance.

For example, whereas a lot of emphasis is placed on women's opportunities for career advancement, emphasis is now also being put on opportunities for men to enjoy a fuller, more active role in family life, like fatherhood.

Furthermore, human resource managers (HRMs) are in a particular position to ensure that this law is well observed in the workplace so that every worker is neither abused, nor taken for granted. However, this will not happen automatically.

Discussions on the law itself as well as the set-up of the structures to support it are paramount for the success of this law's application. The law itself states that the employer is responsible to ensure that certain situations do not arise. But if they do what channels does the victim have to seek support/redress?

Keeping in mind that the law is intended to be purely in the interest of the workers and the population at large, HRMs could be pivotal in moving the situation forward. Nevertheless, they need to be well versed with the law themselves as well as with possibilities that emanate from it.

Considering that most of the major companies have acquired the skills of an HR manager and, knowing that even small entities stand to gain from recruiting an HR manager, the discussion centres around the involvement of this particular specialised person for the implementation of this law so as to be advantageous to all involved.

At this stage, it may be of greater interest to indicate the specific areas that the Act covers. It is also relevant to know the definition of discrimination as stated in the Act: "discrimination means discrimination based on sex or family responsibilities and includes the treatment of a person in a less favourable manner" - directly or indirectly.

Generally speaking, the law protects against discrimination in these areas:

¤ Employment;

¤ Banks and financial institutions;

¤ Educational and vocational guidance;

¤ Sexual harassment; and

¤ Discriminatory advertising.

For the sake of HR managers, I will indicate only the clauses of particular importance to their area of expertise. The particular clause referring to self-employed individuals is being omitted.

Discrimination in employment. Employers shall also be deemed to have discriminated against a person if they: "Manage the work, give promotions, distribute tasks, offer training opportunities or otherwise arrange the working conditions in a manner that employees are assigned a less favourable status than others on the basis of sex or because of family responsibilities."

Employers must "alter the working conditions, or the terms of employment of employees to the detriment of such employees, after such employees have invoked any right accorded to him/her under this act or claimed the performance in his/her favour of any obligation or duty under this act".

Banks and financial institutions. "No bank or financial institution or insurance company shall discriminate against any person in the grant of any facility in respect of the establishment, equipment or in the launching or extension of any business or the launching or extension of any form of self-employment or the insurance of that business or the person in self employment."

The NCPE has come to know of cases where clients requesting loans from banking institutions find that the criteria used change with gender. It is the NCPE's business to see that such practices are curtailed.

Sexual harassment. "It shall be unlawful for any person to sexually harass other persons; to subject other persons to an act of physical intimacy; to request sexual favours from other persons; to subject other persons to any act or conduct with sexual connotations, including spoken words, gestures or the production, display or circulation of any written words, pictures or other material, where the act, words or conduct is unwelcome to the persons to whom they are directed and could reasonably be regarded as offensive, humiliating or intimidating to the persons to whom they are directed; or the persons so subjected or requested are treated less favourably by reason of such persons' rejection."

Sexual harassment is a serious offence and it is stated clearly in this Act that "persons who sexually harass other persons shall be guilty of an offence against this article and shall be liable on conviction to a fine of Lm1,000 or to imprisonment of not more than six months or to both such fine and imprisonment."

Employers cannot "neglect their obligation to suppress sexual harassment as provided under subarticle (2) of article 9 of this act".

Employers have a crucial role to play in curtailing sexual harassment. In fact the law stresses this aspect and it can be well understood that, without the proper structure and support, sexual harassment will remain an issue.

Furthermore, the law states that "upon the request of any person claiming to have been sexually harassed or discriminated against, the employer is to provide within ten working days of such a request with a report on the allegation made".

Under normal circumstances, issues pertaining to HR are the responsibility of the HR manager and it is s/he who must insist on the setting up of the right structures, receive the necessary training and offer to train the staff of the entity for whose human resources s/he is responsible.

The law continues: "It shall be a defence for employers to prove that they took such steps as are reasonably practicable to prevent such sexual harassment."

To this end, the NCPE is currently working on a policy, including guidelines for employers, to ensure that the necessary structures are in place and for the employees to know who they should turn to in case of such a situation. However, policies and guidelines alone may not be enough; people need to be trained!

A crucial point that merits emphasis is that as soon as a complaint is received the facts have to be established. So while the onus of proof lies with the perpetrator, the victim also has responsibilities.

Educational and vocational guidance. "It shall be unlawful for any educational establishment or for any other entity providing vocational training or guidance to discriminate against any person in: the access to any course, vocational training or guidance; the award of educational support for students or trainees; the selection and implementation of the curricula; and the assessment of the skills or knowledge of the students or trainees."

It shall be the duty of educational establishments and entities providing vocational training, within the limits of their competence, to ensure that curricula and textbooks do not propagate discrimination.

Discriminatory advertising (sub-article 1). "It shall be unlawful for persons to publish or display or cause to be published or displayed any advertisement, or, otherwise to advertise a vacancy for employment which discriminates between job-seekers or to request from job seekers information concerning their private life or family plans."

Discussion on this matter was initiated and a clear explanation offered to the local written media where most advertising in this regard takes place and major changes have been noted. Furthermore, Websites for gender-neutral, non-sexist terminology have been listed for ease of reference:

http://ucc.ie/ucc/equalcom/language.html; http://owl.english.purdue.edu/handouts/general/gl_nonsex.html; and http://www.apa.udel. edu/apa/publications/texts/nons exist.html

¤ (sub-article 2) "It shall be unlawful for persons to publish or display or cause to be published or displayed any advertisement which promotes discrimination or otherwise discriminates." The definition has been made amply clear by the Act; it is up to the NCPE to ensure that everyone adheres to it!

According to the same law, the main remit of the NCPE includes:

¤ To investigate complaints and to determine whether the provisions of this Act are being contravened and, where deemed appropriate, to mediate on such complaints and to inquire into and advise on any matter relating to equality between men and women;

¤ To provide assistance, where and as appropriate, to persons suffering from discrimination in enforcing their rights under this Act;

¤ To keep under review the working of this Act and, where required, submit proposals for its amendment or substitution.

This the NCPE is striving to do!

Note to HRMs

As human resource managers, you must ensure that your bosses understand that your employment was the best decision they ever made.

Without any prodding or coaxing, you are taking on the responsibility put squarely on them by the law and you are coming up with solutions even before the issue arose.

Your pro-active approach merits attention and respect... but then not all bosses are good bosses!