The Equality Act, Church schools and employers

The proposed Equality Act has prompted a storm of criticism, despite the fact that the Bill has not even been tabled in Parliament yet. The most vociferous objections at the moment seem to be originating from the Church and from employers’ associations. Some of these objections tend to take a life of their own, as they become grist for the mill of right-wing politicians opposing these reforms.

Church schools

Predictably, one of the more controversial aspects of the Equality law is that it will finally regulate the employment of teachers by Church schools. Under the new Act, schools will not be able to refuse employment to teachers on account of their religion or their private life.  For instance it will be unlawful to discriminate against athetist or Muslim teachers, or against teachers who are homosexual or divorced.

One has to keep in mind that Church schools teach a variety of subjects. The absolute majority of these have nothing to do with the Catholic religion. In order to teach mathematics for instance, the teacher must be proficient in that particular subject. The teacher’s religion or private life is irrelevant here, as the purpose of such lessons is for the pupils to learn mathematics.

To circumvent this argument, the proponents of blatant religious discrimination have to appeal to the concept of a school ethos. The school’s ethos is a certain spirit which characterises the school. Unfortunately it is never explained why having teachers with different religious or social backgrounds as part of the staff complement will necessarily have a negative impact on the school’s ethos. This is unless what lies beneath the school ethos is in fact the spirit of religious segregation and religious intolerance.

It must be said that Church schools have plenty of opportunities to transmit their religious values. Almost all of these are unrelated to the teaching of subjects such as mathematics. Such schools have specific classes dedicated to learning about the Catholic faith, as well as other classes teaching the student how to relate to society in ways informed by this faith.  Many hold Mass for the students, as well as a number of other social activities based on Catholic values. The school’s administration is based on specific morals and discipline is kept along the same lines. Teachers have enough sense to know what is proper and what is not in such an atmosphere. 

One should also remark that a number of Church schools in Malta already practise these inclusive employment practices, as does the Muslim Mariam AlBatool school. This law will extend this good example to all present and future faith schools. The basic principle is that people earning a living by exercising their profession competently and responsibly should not be barred from teaching on the basis of something which has nothing to do with their area of expertise.

Employers

Resistance to the Equality Act is not limited to Church schools. The Malta Employers’ Association has also been incredibly shrill in its criticism. This is understandable because the Equality Act is a strongly pro-worker piece of legislation. This law will improve the bargaining power of employees at their workplaces, and provide the means to take meaningful action against abusive behaviour by employers.

Employers will no longer be able to give certain employees less favourable treatment. In fact employees who are discriminated against in this manner will now be able to sue their employers not only for material damages, but also for moral ones. In addition, employers breaking the law will also be committing a crime and can be prosecuted by the Police, which can result in a fine or prison sentence.

In discrimination suits, the employee is often in a much weaker position than the employer. To this end it will be sufficient for employees to provide facts from which it can be presumed that discriminatory action has taken place, and it will be up to the employer to prove that this was not the case. Statistical evidence will also be admitted to prove discrimination.

The law will also establish an Equality Commission. This commission will be able to receive complaints from employees, as well as start investigations regarding discriminatory work practices of its own initiative. It will be able to compel employers to produce documents, take testimony under oath and fine employers who do not end discriminatory work practices.

Concluding remarks

The Nationalist Party has thrown its lot with right-wing business lobbies, populist religious movements and fascist groups to bury this Act. Reining in those who think they can preserve their privileges, or those who have grown accustomed to resisting all regulation will not be easy. Yet this Act will bring real improvements to the lives of common people, and this is why many will support it to the bitter end.

Ingram Bondin is a member of Front Against Censorship