Federal Law No. 2 of 2015 concerning Combating Discrimination and Hatred (the “Law”) was introduced in the UAE in July 2015. This article outlines some of the key provisions of the Law and considers its implications in the context of workplace discrimination, employment law and gender equality in the UAE.
What Is Discrimination?
Discrimination can take a number of different forms. Broadly, it involves treating an individual or group differently or less favourably because of a particular characteristic.
Federal Law No. 2 of 2015 defines discrimination as “any distinction, restriction, exclusion or preference among individuals or groups” based on grounds including religion, creed, doctrine, sect, caste, race, colour or ethnic origin. Subsequent amendments have expanded the scope of the legislation.
Discrimination can also arise within the workplace through the exclusion of particular individuals or groups from employment opportunities. Depending on the circumstances, this may include discrimination based on gender, religion, race, colour or ethnic origin.
For example, refusing to interview someone because of their race, or advertising a position as being unsuitable for people with a particular characteristic, may constitute direct discrimination. Indirect discrimination can arise where a seemingly neutral requirement has a disproportionately negative impact on people sharing a particular characteristic, unless that requirement can be objectively justified.
The Purpose of the Law
The Law criminalises various forms of discrimination and hatred on grounds including religion, caste, colour, ethnic origin, creed or race.
The UAE is home to a large expatriate population belonging to many different nationalities, religions and cultural backgrounds. One of the principal purposes of the Law is to promote a society that encourages tolerance, coexistence and an open-minded environment, while protecting individuals from discrimination based on their origin, religion, beliefs or race.
This was a significant development in the UAE, as the Law has implications not only within the context of criminal law, but also wider implications for employers, employees and businesses.
Discrimination and Hate Speech Under the Law
Under the Law, certain conduct that encourages hatred or insults religion can constitute a criminal offence.
Where an individual uses an expression through any means that constitutes discrimination or falls within the prohibited conduct under the Law, significant criminal penalties may apply, including imprisonment and substantial fines, depending on the nature and circumstances of the offence.
The Law gives broad meaning to the terms “expression” and “means”. An expression can include speech, writing, signals, drawings, photographs, miming or singing. The means through which such expression may be communicated can include the internet, telecommunications networks, pamphlets, brochures, websites, IT devices and written, audio or visual materials.
Businesses and individuals should therefore be mindful that discriminatory or hateful conduct is not limited to something said verbally or in person. Communications through social media, websites, emails and other electronic platforms may also fall within the scope of the applicable legislation.
Discrimination in the Workplace
The Law is particularly relevant to employers and employees because discriminatory conduct can have consequences beyond the immediate employment relationship.
A particular provision of the Law, Article 17, provides for potential joint liability involving managers, agents or representatives of companies and their employees where an employee commits an offence punishable under the Law.
This is significant for employers because it highlights the importance of having appropriate workplace policies, staff handbooks and internal procedures in place to address discriminatory conduct.
Employers should ensure that employees understand their responsibilities and that appropriate procedures are available for dealing with complaints or allegations of discrimination, harassment or other inappropriate workplace conduct.
UAE Employment Law and Anti-Discrimination
The UAE employment framework has developed considerably since the Law was first introduced. Employers should therefore consider the UAE Labour Law and other applicable legislation when dealing with discrimination in the workplace.
Businesses should also distinguish between the laws applicable to mainland companies and those operating in special jurisdictions, such as the Dubai International Financial Centre (DIFC), where specific employment legislation and anti-discrimination provisions may apply.
Given the potential legal and reputational consequences of discriminatory conduct, companies should regularly review their employment contracts, HR policies, staff handbooks and disciplinary procedures to ensure that they appropriately address discrimination and comply with applicable UAE law.
Combating Gender Discrimination
Gender discrimination is another important consideration within the wider discussion of workplace equality.
The promotion of gender balance and women’s participation in the public and private sectors has been strongly supported within the UAE, with various initiatives introduced to promote women’s participation in the workplace and wider economy.
The UAE has also participated in international initiatives and conventions concerning discrimination and women’s rights. The establishment of the UAE Gender Balance Council in 2015 was an important step towards developing policies and initiatives aimed at improving gender balance across different sectors.
The Council has worked on initiatives and guidance designed to support organisations in implementing gender balance and promoting equal opportunities within the workplace.
Gender balance has also formed part of the UAE’s broader vision for developing a cohesive society and supporting women’s participation in economic and professional life.
Gender Equality in the UAE Workplace
For employers, promoting gender equality involves more than simply complying with applicable legislation. Businesses should also consider whether their recruitment, promotion, remuneration, training and workplace policies provide appropriate and fair opportunities for employees.
Employers should ensure that decisions concerning recruitment and career progression are based on relevant qualifications, experience and performance rather than discriminatory considerations.
At the same time, businesses should ensure that their HR policies and procedures clearly address workplace discrimination and provide employees with appropriate mechanisms for raising concerns.
It is also important to remember that UAE employment opportunities remain subject to the applicable laws and policies concerning the employment of UAE nationals.
Employer Responsibilities
Employers should take proactive steps to reduce the risk of discrimination within their organisation.
This can include:
- Reviewing and updating employee handbooks and HR policies;
- Including appropriate anti-discrimination and workplace conduct provisions in employment documentation;
- Providing employees with guidance on discrimination and acceptable workplace behaviour;
- Establishing appropriate procedures for dealing with complaints;
- Ensuring disciplinary procedures are applied consistently; and
- Obtaining legal advice where allegations of discrimination or other potentially unlawful conduct arise.
A clear legal and HR framework can help businesses deal with issues before they escalate into costly employment disputes or legal proceedings.
Conclusion
The UAE’s legal framework concerning discrimination and hatred represents an important part of the country’s wider approach to promoting tolerance and protecting individuals from discriminatory conduct.
For businesses, the implications extend into the workplace. Employers should understand their obligations under UAE employment law and applicable anti-discrimination legislation and ensure that their HR policies, employment contracts and internal procedures reflect those obligations.
As the UAE continues to develop its employment and equality framework, businesses should regularly review their policies and seek appropriate legal advice where necessary.
Employment and Discrimination Law Advice
Our Dubai employment lawyers, consisting of UK-trained lawyers, can assist businesses and individuals with a wide range of employment and workplace matters, including UAE Labour Law, workplace discrimination, employment contracts, HR policies, disciplinary procedures, termination of employment and employment disputes.
If you require advice regarding discrimination in the workplace, your employment rights or your company’s HR policies and procedures, please contact James Berry & Associates to discuss your circumstances.
This article provides general information only and should not be relied upon as specific legal advice. The applicable legislation and legal position may change, and specific advice should be obtained based on your individual circumstances.
