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Discrimination in the Work Place

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Equality Law in Ireland

Every employer in the State is affected by The Employment Equality Act, 1998 which outlaws discrimination in employment on a number of specified grounds, as set out below.

What is discrimination?

A person is said to be directly or indirectly discriminated against if he/she is treated less favourably than another is, has been or would be treated in a comparable situation on any of the following 9 grounds:

  1. Gender. It should be noted that this includes discrimination faced by a female employee during pregnancy or on her return from maternity leave.
  2. Marital Status
  3. Family Status
  4. Sexual Orientation
  5. Religion
  6. Age (does not apply to a person under 16)
  7. Disability
  8. Race
  9. Membership of the Traveller community

Forms of Discrimination

Bullying

"Bullying is repeated inappropriate behaviour that undermines your right to dignity at work. It is usually done by one person and aimed at a person or group to make them feel inferior to other people. Bullying can be verbal bullying, physical bullying or otherwise."


If a person is being bullied at work in relation to one of the 9 discriminatory grounds it is covered by the Employment Equality Acts and can be taken to the Equality Tribunal. If a claim does not relate to one of the discriminatory grounds then it is a Health & Safety issue.

Harassment

Harassment is defined by The Employment Equality Acts 1998 and 2004 as "unwanted conduct" which is related to any of the 9 discriminatory grounds. Unwanted conduct refers to spoken words, gestures or the production and display of unwritten words, pictures and other material. Sexual harassment is any form of "unwanted verbal, non-verbal or physical conduct of a sexual nature".


Harassment at work can be inflicted by a fellow worker, a boss, a superior, a client, a customer or any business contact. An employer should have a policy setting out the guidelines for what is considered appropriate behaviour.


If a person is being harassed at work in relation to one of the 9 discriminatory grounds it is covered by the Employment Equality Acts and can be taken to the Equality Tribunal. If a claim does not relate to one of the discriminatory grounds then it is a Health & Safety issue.

Making a Complaint

"The Equality Tribunal" (ODEI)


Complaints may be brought to "The Equality Tribunal", which is otherwise known as the Office of the Director of Equality Investigations (ODEI).
The Equality Tribunal is an independent state body in Ireland with the function of investigating or mediating claims of discrimination.

Steps of a case brought before "The Equality Tribunal:

  1. A case referred to the Director of Equality (Melanie Pine) will be delegated by her to an equality officer for investigation and decision.
  2. The equality officer will seek the views of both parties by written exchange
  3. The equality officer has statutory powers to obtain further information if they so wish
  4. A hearing proceeds
  5. The equality officer issues a detailed written decision which is legally binding

Remedies

The ODEI (The Equality Tribunal) may provide one or more of the following remedies as may be appropriate:

  1. In an equal pay claim, compensation in the form of arrears of pay for up to three years before the date of the referral of the claim
  2. An order for equal pay from the date of the referral of the claim
  3. Compensation in an amount up to 2 years' remuneration.
  4. An equal treatment order

Employer Liability

The Employment Equality Act, 1998, affects every employer in the State. The Act also provides that employers may be found vicariously liable for the discriminatory actions of an employee towards a fellow employee.


Breach of the EEA may lead to industrial relations problems for employers in addition to other financial implications. Furthermore, it may result in adverse publicity and lead to difficulties in recruitment. It is of paramount importance for employers to put in place systems and procedures to accord with legislation and minimise their exposure to claims.

Statute of Limitations

The time limit imposed for submitting a claim in relation to discrimination in the workplace is 6 months; however it may be extended to 12 months if "reasonable cause" for the delay can be shown.

Seeking Employment Law Advice

If you would like to set up a consultation with an Employment Law Solicitor please contact Malcomson Law by calling 01 8744422.