Employment Equality Act 1998

1. Employment Equality Act 1998 Next slide

2. Purpose • This act seeks to promote equality in the workplace for both full-time and part time-workers, in both the public and private sectors. • It disallows victimisation, discrimination and harassment of employees. • It is the duty of the employer to investigate any complaints of this nature and take whatever steps are necessary to stop the problem. • This act formed both the office of The Equality Authority and the office of the Director of Equality Investigations. (Now known as the Equality Tribunal.) Next slide Previous Slide

3. Discrimination This is, where one person is treated in a less favorable way in the workplace than another person is, has been or would be treated. If we are all employees, then we most be treated equally Next slide Previous Slide

4. Victimisation This is, where an employee is dismissed or penalised because he sought redress under this act or gave evidence in an investigation dealing with someone else's complaint. Next slide Previous Slide

5. Harassment • This is any act of unwelcome physical intimacy, any unwelcome request for sexual favours, any unwelcome spoken words, gestures or the production, display or circulation of written words, pictures or other material in the workplace. • Sexual Harassment is any form of unwanted verbal, non-verbal or physical conduct of a sexual nature in the workplace. Next slide Previous Slide

6. Criteria for Discrimination According to the act discrimination is disallowed on any of the following grounds: • Gender • Marital status • Family status • Sexual orientation • Religious belief • Age provided the employee is between 18 and 65 • Disability, race, colour, nationality or ethnic or national origins • Membership of the Traveller Community Next slide Previous Slide

7. Criteria for Discrimination Next slide Previous Slide

8. Areas cover under the act • Recruitment • Conditions of employment • Training • Promotion or re-grading in the workplace • Redundancy • Classification of posts • In addition to prohibiting discrimination in the above situations, this act makes victimisation and harassment of employees illegal. Next slide Previous Slide

9. Equality Authority The functions of the Equality Authority include the following: • To provide information on discrimination and equality in the workplace. • To promote the elimination of discrimination in relation to employment. Next slide Previous Slide

10. Equality Tribunal One cannot bring a claim to the Equality Authority, as claims are dealt with by the Equality Tribunal. Next slide Previous Slide

11. Mediation This is where a third party, facilities a meeting involving both the disputing parties, with the intention of reaching a solution to solving the dispute. Next slide Previous Slide

12. Redress • A person who feels he has been discriminated against, victimised or suffered harassment in the workplace must make the claim within 6 months from the date that the incident occurred to an Equality Tribunal. • In some cases where this authority considers it likely that mediation would solve the problem, it recommends it and an Equality Mediation Officer is offered to enable this to happen. • If mediation is unsuitable or does not succeed then a hearing by an Equality Tribunal will proceed. Next slide Previous Slide

13. Redress • If the complaint is withheld, then the employee shall be re-instated or re-engaged with or without an order for compensation. • A copy of every decision shall be given to each of the parties and to the Labour Court. • If either of the parties is unhappy with the decision they can refer the complaint to the Labour Court within 42 days from the decision of the Equality Tribunal. Next slide Previous Slide

14. Exceptions to this Act This act outlines areas where employers are allowed to undertake favorable measures to help integrate into employment, people in the following categories: • People who have attained the age of 50 years. • People with a disability. However if the person with the disability does less work or less hours due to their disability their employer can give them less remuneration. Next slide Previous Slide

15. Exceptions to this Act CONTINUED • Nothing in this Act shall make it unlawful for a woman to get special treatment in connection with pregnancy and maternity (including breastfeeding) or adoption. • A firm that is recruiting new staff can set a maximum age for recruitment, due to the cost and period of time involved in training a recruit to a standard at which they will be effective in that job. • Employers are allowed to pay employees different rates of remuneration and provide them with different terms and conditions of employment provided it is based on seniority (i.e. length of service) in a particular post or employment. Next slide Previous Slide

16. Exceptions to this Act CONTINUED • Members of the Traveller Community. • The Garda Síochána or the Prison Service are exempt from the act in certain circumstances. For example if it is necessary in the interests of privacy and decency that a man or woman be assigned to a particular job. • A religious, educational or medical institution, which promotes certain religious values is allowed to recruit employees and treat more favorably those who will uphold the ethos of that institution. The institution can also prevent employees undermining its ethos. Next slide Previous Slide

17. Employment Equality Act 1998 The End Previous Slide