Countermeasure

Discrimination prohibited under the Equality Act also includes so-called countermeasures in working life and the provision of goods and services. Countermeasures signify putting a person in a disadvantageous position because they have invoked the Equality Act or participated in the investigation of a discrimination matter.  The protection afforded by the prohibition of countermeasures applies to the individual invoking the Equality Act as well as any witnesses and other individuals who have assisted in the matter.

The prohibition against countermeasures applies to an employer’s actions in working life. The employer must also see to it that other employees do not engage in countermeasures against individuals who have appealed to the Equality Act. Prohibited countermeasures in working life may include, for example, changing work tasks, skipping a raise or unfounded increases in the supervision of work performances and working hours. A liability to compensate may result from the employer's countermeasures even if they take place after the employment relationship has been terminated. 

Countermeasures are also prohibited in pricing and service availability. In this instance, the prohibition concerns the activities of a supplier of goods and services. In this case, prohibited countermeasures may include refusal to provide goods or services, or the termination of a lease.