SERIOUS flaws in the Employment Equality Bill could make the legislation inoperable in many areas, the National Economic and Social Forum says in a special report, or "opinion", prepared for the Government.
The forum has the right to submit "opinions" on legislation which must then be considered by the Government.
The NESF expresses particular concern at what it believes to be inadequate definitions in the Bill, which is designed to eliminate workplace - discrimination against women, people with disabilities travellers, or on the grounds of sexual orientation.
The chairwoman of the NESF Ms Maureen Gaffney, said at the publication of the report yesterday that the importance of the Bill could not be overstated. It was therefore vital that potential flaws be removed.
The largest group of potential beneficiaries from the Bill are people with disabilities. The report notes that the definition of disability used in the Bill is a medical one, rather than one based on ability to function in a job.
As a result people might be required to obtain a medical assessment before being hired, and this could create major disincentives for both employers and potential employees.
The Bill also lacks a specific definition of sexual orientation, the NESF finds.
It does not, for instance, state whether paedophilia is a form of sexual orientation covered by the legislation. Nor does it define the relationship between sexual orientation and what is considered acceptable behaviour by an employee in the workplace.
This could have serious implications, says the NESF report, for instance if paedophiles seek jobs where children are involved.
There is an inadequate definition of sexual harassment in the Bill, according to the NESF. Harassment is described as something which a "reasonable person" might consider offensive, humiliating or offensive.
However a "reasonable" man might have different criteria from a "reasonable" woman, it says.
The NESF reiterates criticisms already made by the teaching unions over sections of the Bill which exclude religious institutions from its terms.
The report says that a distinction should be made between religious institutions operating solely in the religious domain and those which operate as employers in the health and education sectors.
Travellers should be identified as an ethnic group in the Bill, there should be a clearer definition of what constitutes indirect discrimination, and there should be greater access to the courts and to free legal aid for those seeking - redress against discrimination.
The Bill is currently at committee stage. The Minister for Equality and Law Reform, Mr Taylor, has indicated he would welcomed amendments.