Background to Equality Protections The Irish Constitution contains a guarantee of equal treatment. However, the courts have interpreted the protection narrowly. It allows, to a significant extent, the treatment of persons with references to differences in relevant circumstances. The Constitutional protection applies to public sector entities only. It prohibits insidious and arbitrary discrimination only. Apart from a limited number of […]
General Prohibition of Discrimination on Certain Grounds Discrimination is now unlawful in employment, education, training, the provision of goods and services and collective agreements. The original gender-based grounds of discrimination have been broadened. They cover the following grounds race (colour, nationality, ethnic or national origin); gender; sexual orientation (heterosexual, homosexual or bisexual); membership of the travelling community; disability (including the […]
Equal Remuneration The Employment Equality Act, 1998 (as amended) incorporates two key implied terms into contracts of employment in relation to gender equality. One term requires equal pay, and the other term requires equal treatment. The right to equal pay covers all types of remuneration, including direct and indirect benefits, in cash or in kind. It excludes pension provision which […]
Overview of Age Discrimination Age discrimination is that based on age. The principles that apply to the various non-gender grounds of discrimination apply to discrimination based on age. It is generally prohibited. Age-related discrimination requires that the complainant and the comparator be of a different age. There must be a relatively significant age gap. Discrimination occurs when a person is […]
Convention on Elimination of Racial Discrimination Ireland is a signatory to the International Convention on the Elimination of All Forms of Racial Discrimination. This covers distinction, exclusion or restriction, on the basis of race, colour, descent, national or ethnic origin, which has the purpose or effect of nullifying or impairing recognition or enjoyment on an equal footing, of human rights […]
Disability Grounds of Discrimination The disability ground of discrimination relates to any of the following the absence of bodily or mental function; the presence of disease illness; a malfunction malformation of disfigurement of the body; a condition or malfunction resulting in learning differently from a person without that condition; a condition, illness or disease which affects a person’s thought process, […]
Equality Law and Religious Discrimination The Employment Equality Directive requires EU states to protect citizens against discrimination on the grounds of religion and belief in employment, occupation and vocational training. The inclusion of religion and belief as grounds which are protected, reflects principles of EU law which derive from the European Convention on Human Rights and the Universal Declaration of […]
Overview of Harassment Earlier versions of the equality legislation categorised some types of harassment, as a form of direct discrimination. Complainants were required to show that they had been treated less favourably than the relevant comparator. The Employment Equality Act and the Equal Status Act expressly prohibit harassment in itself. They do not require a comparator. They define harassment as […]
Overview The Director of the Equality Tribunal and Equality officers formerly dealt with claims of unlawful discrimination. A claim could be made directly to the Labour Court on the basis of general gender discrimination as an alternative. The Equality Tribunal decision could be appealed within 42 days to the Labour Court. Equality claims are now dealt with by the Workplace […]
Powers of WRC Officer A Workplace Relations Commission designated officer may do any one or more of the following: at all reasonable times, peaceably enter premises; require any person to produce to the designated officer any records, books, documents or other things which are in that person’s power or control and which the designated officer has reasonable grounds for believing […]
Human Rights Commission The Irish Human Rights and Equality Commission Act 2014 provided for dissolution of the Human Rights Commission and the Equality Authority and the transfer of their functions to the Irish Human Rights and Equality Commission. The IHREC is responsible for eliminating this discrimination and promoting equality. The IHREC has a broad range of tasks in relation to […]