Introduction

The Employment Equality Acts outlaw discrimination of potential job applicants on a number of grounds. The applicable legislation defines discrimination as treating one person in a less favourable way than another person based on any of the following nine grounds:

Gender: this means man, woman or transsexual

Civil status: includes single, married, separated, divorced, widowed people, civil partners and former civil partners

Family status: this refers to the parent of a person under 18 years or the resident primary carer or parent of a person with a disability

Sexual orientation: includes gay, lesbian, bisexual and heterosexual

Religion: means religious belief, background, outlook or none

Age: this does not apply to a person aged under 16

Disability: includes people with physical, intellectual, learning, cognitive or emotional disabilities and a range of medical conditions

Race: includes race, skin colour, nationality or ethnic origin

Membership of the Traveller community

What is discrimination?

Discrimination is defined as less favourable treatment. An employee is said to be discriminated against if they are treated less favourably than another is, has been or would be treated in a comparable situation on any of the above 9 grounds. To establish direct discrimination, a direct comparison must be made, for example, in the case of disability discrimination the comparison must be between a person who has a disability and another who has not, or between persons with different disabilities.

Indirect discrimination occurs when practices or policies that do not appear to discriminate against one group more than another actually have a discriminatory impact. It can also happen where a requirement that may appear non-discriminatory adversely affects a particular group or class of persons.

Specific situations covered by employment equality legislation

Disability: Employers are obliged to make reasonable accommodations for staff with disabilities. This includes providing access to employment, enabling people with disabilities to participate in employment including promotion, and training.

Pregnancy: Pregnancy-related discrimination is discrimination on the ground of gender and includes recruitment, promotion and general conditions of employment. Women who are pregnant or have recently given birth are also protected under maternity protection and unfair dismissals legislation.

Equal pay: Employment equality legislation provides for equal pay for like work. Like work is defined as work that is the same, similar or work of equal value. It is one of the terms that must be part of the contract of employment as a result of laws passed by the Dail. A claim for equal pay can be made on any of the 9 grounds listed above.

Harassment including sexual harassment that is based on any of the 9 grounds is a form of discrimination in relation to conditions of employment. Bullying at work which is linked to one of the 9 discriminatory grounds above comes under employment equality legislation.

Victimisation: Underemployment equality legislation you are protected against victimisation if you bring a claim or are involved in a complaint of unlawful discrimination against your employer. This means that your employer may not penalise you by dismissal, unfair treatment or an unfavourable change in your conditions of employment.

Further information

For further information please email Barry Crushell of Aperture Partners Advisory at bcrushell@aperturepartners.ie or call 01-9053503.

Please note that the material contained herein is for general information purposes only and does not constitute legal or other professional advice. Reference accurate at time of publication but subject to change.