Employment equality Flashcards
What acts did the employment equality acts 1988-2015 replace
Anti-discrimination act 1974and employment equality act 1977
Anti-discrimination (pay) act 1974
Only had a claim if you were discriminated against for a financial reason
Employment equality act 1977
Very narrow and only focused on marital status and gender
Who is included in the EEA
Everybody including those who were excluded from the UDA
When does the EEA apply (7)
- Access to employment
- Current job
- Promotion
- Classification
- Work experience and training
- Dismissals
- Collective agremments
What are the 9 grounds of discrimination?
Age, Race, gender, family status, marital/civil status, sexual orientation, religion, disibility, ethnic groups
Age under the EEA
Must be over school leavers age (16) and under the age of normal retirement
When it possible to discriminate based on age?
When there is a costly training requirement
What is the issue with claiming an age discrimination case
Must prove it is to do with age not years of service
What must an employer do to prevent an employment equality case under Disability
Must make appropriate accommodations for the person unless it is to impose a disproportionate burden on the employer
Who is liable for the actions of an employee
The employer
Define discrimination
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.
What is direct discrimination
Discrimination under one of the 9 grounds, this is outlawed by the act
What is indirect discrimination
A seemingly neutral provision that puts one group at a disadvantage to another Eg high requirement in the gardi
When is discrimination allowed (7)
- Citizen requirement
- Irish language requirement in some public sector jobs
- Religion in some private institutions
- Educational qualification
- Requirement for gender roles (pregnancy-related)
- Service of a personal nature
- Some gardi and prison officers for prisoners rights