(1) This section applies to a person who has a duty under Part 4, 6 or 7 not to engage in discrimination, sexual harassment or victimisation.
(2) A person must take reasonable and proportionate measures to eliminate that discrimination, sexual harassment or victimisation as far as possible.
(3) Part 8 does not apply to a contravention of the duty imposed by subsection (2).
(4) A contravention of the duty imposed by subsection (2) may be the subject of an investigation or a public inquiry undertaken by the Commission under Part 9.
(5) The duty imposed by subsection (2) is in addition to—
(a) a duty under Part 4, 6 or 7; and
(b) in the case of a person who is a public authority, a duty under section 38 of the Charter of Human Rights and Responsibilities.
(6) In determining whether a measure is reasonable and proportionate the following factors must be considered—
(a) the size of the person's business or operations;
(b) the nature and circumstances of the person's business or operations;
(c) the person's resources;
(d) the person's business and
(e) the practicability and the cost of the measures.
1 A small, not-for-profit community organisation takes steps to ensure that its staff are aware of the organisation's commitment to treating staff with dignity, fairness and respect and makes a clear statement about how complaints from staff will be managed.
2 A large company undertakes an assessment of its compliance with this Act. As a result of the assessment, the company develops a compliance strategy that includes regular monitoring and provides for continuous improvement of the strategy.