All employees have protection against discrimination under the Employment Equality Acts 1998 to 2015. The Acts define Discrimination as being when one person is treated less favourably than another person.

There are nine protected grounds of discrimination:

• Gender
• Civil status (being single, married, separated, divorced, widowed, civil partnership)
• Family status (being a parent or carer of a person under 18 years or with a disability)
• Sexual orientation
• Religion
• Age
• Disability (including physical and intellectual disabilities and certain medical conditions)
• Race (including race, skin colour, nationality and ethnic origin)
• Membership of the Traveller community

There are specific protections provided to certain areas. By way of example,  there  are  obligations on employers  to provide reasonable accommodation to employees with disabilities. Also,  employees who are pregnant and on maternity leave have additional protections regarding any termination of their employment and  to  return to a role that is no less favourable than the role they held prior to going on maternity leave.

A person who raises a complaint of discrimination against their employer is also protected from any victimisation and penalisation by the employer .

Redress

Complaints are referred to the Workplace Relations Commission   (or to the Circuit Court for gender discrimination including equal pay on the gender ground).

Generally, a complaint must be referred within six months from the contravention complained of.

Where an employee is successful in bringing a claim for discrimination, the WRC  can

• in the context of a claim for equal pay, award up to three years’ arrears of pay*;
• award up to two years’ remuneration (or, if greater, €40,000) as compensation for discriminatory treatment (which includes harassment); and/or
• make an order for equal pay, equal treatment, or (in dismissal cases) reinstatement or re-engagement.

If you have a query in relation to Discrimination or Employment Equality, contact our specialist employment law team on 01 644 9900 or mail@danielspring.ie

This information is provided for information purposes only and does not constitute legal advice. Specific legal advice in relation to your situation should always be taken prior to taking any action on foot of this information.