Equality

The IHREC

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.… Read the rest

Religious Discrimination

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 Human Rights which protects freedom of religion and belief.… Read the rest

Racial Discrimination

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 and fundamental freedoms in the political, economic, social, cultural and other public fields.… Read the rest

Harassment

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.… Read the rest

General Issues

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.… Read the rest

Gender Discrimination

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.… Read the rest

Enforcement Issues

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 to contain material information and to give the designated officer such information and access as may reasonably be required in relation to the contents of any such records, books, documents or other things; inspect and copy or take extracts from any such records, books, documents or other things; inspect any work in progress at any premises.… Read the rest

Enforcement

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.… Read the rest

Discrimination

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 total or partial absence of bodily or mental functions or chronic disease); ageism; religious belief or outlook; family status (whether the person concerned is a parent or not); marital status (whether the person concerned is single, married, divorced, separated or widowed) housing assistance (not relevant to employment).… Read the rest

Disability Discrimination

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, perception of reality, emotion or judgment which results in the disturbed behaviour, including the past or future dispositions imputed to a person.… Read the rest