Employment Equality - Myles & Co. Solicitors.

Equality Authority
The Equality Authority is an independent state body in Ireland set up to ensure that all citizens in the country are treated equally and to ensure that discrimination on certain grounds does not occur. The Equality Authority was set up on 18 October, 1999 and replaced the Employment Equality Agency.
There are two distinct pieces of legislation in place in Ireland which set out important rights for citizens and specifically outlaw discrimination when it occurs. The Employment Equality Act, 1998 and the Equal Status Act, 2000 as amended by the Equality Act 2004 outlaw discrimination in employment, vocational training, advertising, collective agreements, the provision of goods and services and other opportunities to which the public generally have access. Specifically, service providers, agencies, and anyone providing opportunities to which the public have access, cannot discriminate against citizens on nine distinct grounds.
These grounds are:
gender marital status family status sexual orientation religion age (does not apply to a person under 16) disability race membership of the Traveller community.
What is Discrimination?
Discrimination is defined as less favourable treatment. A person is said to be 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 nine grounds. To establish direct discrimination, a direct comparison must be made, for example, in the case of gender discrimination - the comparison must be between a man and a woman; discrimination based on sexual orientation - the comparison must be between a person of a particular sexual orientation, and one who has a different sexual orientation; and 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.
The Equality Authority provides information to the public on the equality legislation. It can, at its discretion, provide legal assistance to people who wish to bring claims to the Equality Tribunal.
Rules
All claims (except for claims about gender discrimination in employment which can be referred to the Circuit Court) must be referred to the Equality Tribunal.
Complaints under the Employment Equality Acts, 1998 and 2004 must be brought within six months of the last act of discrimination.
To make a complaint under the Equal Status Acts, 2000 and 2004 you must first notify the person or organisation you are making the complaint against within two months of the last act of discrimination. This time limit can be extended to four months by the Director of Equality Investigations. If you are not satisfied with the service provider's response, or if they have made no response within one month from the date you notified them, and you wish to pursue the complaint, you should send a completed complaint form ES.3 (pdf) to the Equality Tribunal. Your complaint must be brought to the Equality Tribunal within six months of the last act of discrimination. These time limits can be extended to 12 months for 'reasonable cause'.
Different time limits may apply in equal pay disputes. All decisions can be appealed to the Labour Court within 42 days of the date of a decision.
(http://www.oasis.gov.ie/).
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