The GDA has been campaigning for anti-discrimination legislation to be enacted in Guernsey since the GDA was founded in 2007. The proposed anti-discrimination ordinance provides a phased approach to protection from discrimination for multiple grounds. It is one of the key projects of the Disability and Inclusion strategy.
A milestone was reached on the 20th July 2022 with the Committee for Employment and Social Security publishing the Prevention of Discrimination Ordinance. This has protection from discrimination for the grounds of disability and carer status as well as the grounds of race religion and sexual orientation. This has now been sent to the Greffe for inclusion on the agenda for the States meeting on the 28th September 2022. To see the draft Ordinance click on the button below.
On the 28th September 2022 and we want as many people as possible to join us to cheer our Deputies into the chamber before they decide whether to approve the Ordinance or not. For more details press the button below.
Anti-discrimination legislation promotes and protects people’s right to equality of status, opportunity and treatment and non-discrimination on the basis of various ‘grounds of protection’ specified in the legislation.
For the background report agreed by the States and what changed through consultation press the following button.
What will the legislation do?
The legislation will make discrimination in employment and when accessing goods and services, education, accommodation and clubs and associations unlawful. There will be some exceptions to this general rule in certain justifiable situations.
People who feel that they have been discriminated against will be able to obtain advice and assistance to resolve their complaint in an informal manner. If the complaint cannot be resolved informally, there will be a mechanism for formal adjudication. If the complaint is upheld there will be various awards and remedies available.
Who will be protected?
The Sex Discrimination (Employment) (Guernsey) Ordinance, 2005 already makes discrimination on the grounds of sex, marriage and gender reassignment unlawful in employment. This will remain in force for the time being.
Phase 1 of the new legislation, the majority of which is due to come into force in October 2023, would cover discrimination on the grounds of:
- Race (which includes colour, descent, national or ethnic origin and nationality)
- Carer status (people who provide care or support for a close relative or a person that they live with who has a disability)
- Religious belief
- Sexual Orientation
Phase 2a of the legislation will require further policy work to be undertaken prior to the introduction of the additional grounds of protection listed below, due to come into force in 2024
- Sex, marriage and gender reassignment (or equivalent grounds) will be reviewed and may be incorporated into the new legislation, repealing the existing Sex Discrimination Ordinance. This would mean that protection on these grounds would be extended beyond employment
Phase 2b will be equal pay for work of equal value on the grounds of sex. This policy work will be done following phase 2a in 2025-2026
Commencement of delayed elements of the phase 1 Ordinance will be in 2028. This will include:
- Physical features and
- Accessibility Action Plans (for the public sector).
What is the Phasing?
What campaigns has the GDA run?
The GDA has run a number of campaigns to reduce fear and increase awareness of the anti-discrimination legislation to enable change to be more acceptable and understandable. The following are links to previous and current campaigns.
What consultations has the GDA taken part in?
The GDA has been consulted a number of times about the anti-discrimination legislation. The following are links to previous and consultations.