Employment Equality

Question 1

What acts did the Employment equality acts 1998-2015 replace?

Answer 1

Ani discrimination pay acts 1974 and Employment equality act 1977

Question 2

Ani discrimination pay acts 1974

Answer 2

Only had a claim if you were discriminated against for compensation or financial reasons

Question 3

Employment equality act 1977

Answer 3

Narrow in scope, only covered gender and marital status

Question 4

Who is included in employment equality in comparison to UDA

Answer 4

Everybody, even those who were excluded from the UDA

Question 5

When does employment equality legislation apply (situations) (6)

Answer 5

• Access to employment (job adds)
• Promotion
• Pay and conditions in current jobs
• Work experience or training
• Dismissal
• Discrimination

Question 6

What are the 9 discriminatory grounds

Answer 6

Age, race, gender, sexual orientation, marital status, family status, Traveller (ethnic group), religion, disability ,

Question 7

Discuss age as a ground of discrimination

Answer 7

Must be over 16 (school leaving age) and below the age of retirement.
Some jobs with costly training can set a max age limit.

Question 8

Discuss disability as a ground of discrimination

Answer 8

Employers must take appropriate actions to accommodate the needs of the person unless this puts a disproportionate burden on the employer (size of company)

Question 9

Who is liable in an employment discrimination case

Answer 9

The employer as they are liable for the actions of their employees.

Question 10

What should employers do to prevent discrimination

Answer 10

Take reasonable and practical steps.

Question 11

Define discrimination

Answer 11

The treatment of a person in a less favourable way than another person is has been or would be treated in a comparable situation on any of the nine grounds.

Question 12

Direct discrimination

Answer 12

Discrimination against one of the 9 grounds.Eg”no women can apply”

Question 13

Indirect discrimination

Answer 13

Where a neutral seeming provision puts a group at a disadvantage. Eg Highth requirement

Question 14

When is discrimination allowed (7)

Answer 14

• Citizen requirement
• Irish language in certain jobs
• BS religious ethos
• Educational qualification
• Requirement for roles eg women in pregnancy-related
• Personal service
• Some garda and prison officer roles for prisoners rights

Question 15

Equal pay case requirements

Answer 15

• The complaint must have a comparator, somebody that illustrates their case.
• Does not apply to agency workers

Question 16

What are the requirements for a comparator in an equal pay dispute

Answer 16

somebody employed at the same time as claimant or during previous or following 3 years who does like work but for more pay.

Question 17

Harassment

Answer 17

Any form of unwanted conduct under one of the 9 grounds

Question 18

Sexual harassment

Answer 18

any form of unwanted verbal, non-verbal or physical conduct of a sexual nature which has the purpose or effect of violating a person dignity and creating an intimidating, hostile environment for the person.

Question 19

Unwanted conduct includes: (6)

Answer 19

• Acts
• Requests
• Spoken words
• Gestures
• Written wors, pictures or other materials
• Social Media

Question 20

Who can harass an employee

Answer 20

Employer, another employee, client, customer or business contact

Question 21

Redress for discrimination

Answer 21

2 years pay compensation

Question 22

Where are discrimination cases sent to

Answer 22

The WRC, case usually go to mediation before adjucation

Question 23

Redress in equal pay cases

Answer 23

Arrears or compensation plus interest or order for equal treatment

Question 24

Unfair dismissal

Answer 24

reinstatement, re-engagement, compensation