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Discrimination and equality.

Are you the victim of discrimination?

 

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Your rights under Irish equality legislation.

 

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The Employment Equality Acts 1998 – 2015 prohibit discrimination in the workplace. They cover all areas of work, including recruitment, promotion, pay, conditions of employment, training, experience. they outline the nine grounds under which discrimination is unlawful

  • Gender

  • marital status

  • family status

  • sexual orientation

  • religion

  • age

  • disability

  • race

  • membership of the traveller community

 

If I have suffered racial discrimination and victimisation, at work, can I seek compensation for breach of each category?

Yes you can. In addition to other remedies available, an adjudicator can make the following awards:

  • An order for compensation of up to 2 years pay or up to €40,000, whichever is the greater, for the effects of discrimination or harassment/sexual harassment suffered (up to €13,000 for someone who is not an employee of the respondent).

  • An order for compensation of up to 2 years pay or up to €40,000, whichever is the greater, for the effects of 'victimisation' (up to €13,000 for someone who is not an employee of the respondent).


      You can download the Community Law & Mediation Guide to taking an Employment Equality Case here ;


 

 

Can I seek information from my employer if I believe I have been discriminated against ?

Yes. Where an incident of discrimination in the workplace has taken place, you can write to your employer using Form EE2 and request information to help them decide whether or not they have been the subject of discrimination or to assist them in preparing or presenting a claim. The employer/ ofending party is not obliged to furnish the requested information, however their failure to respond can be taken into account in deciding the case.


  You can download a copy of From EE2 here


 You should also consider a Data Access Request under the General Data Protection Regulation (GDPR). Since 25th May 2018 you have  improved rights to access data being held about you. You no longer have to pay a fee to request this data.


For more on the GDPR see


See article on Disability Discrimination Case here


 

What about sexual harassment?

Sexual harassment in Ireland is covered under the Employment Equality Acts.


  You can download a Code of Practice for Dealing with Harassment under the Act here ;


See more on sexual harassment here


 

 

Are there guidelines for employers on age discrimination ?

Yes. The Irish Human Rights and Equality Commission released guidelines in April 2018 dealing with Retirement and Fixed-Term Contracts.


  You can download a copy of the Guidelines here 


 

 

What about discrimination outside the workplace?

The Equal status acts 2000 to 2004 cover this. They cover many different goods and services.

If you feel that you are being discriminated against when trying to access goods or services on any of the nine grounds, you may have a claim.


You can download the Equality Tribunal's Guide to Procedures in Equal Status Cases here ;


 

 

What should I do if I feel I have a claim?

It can be daunting to face making a claim under the Employment Equality Acts or the Equal Status Acts. How do I know I have included everything ? Have I claimed under the correct legislation ? Should I accept an offer to settle the claim? How much is my claim worth ? These are just some of the questions you will have to deal with at a time when you are stressed as a result of the discrimination.

 Apps clock icon Do not delay. You must make a claim within six months. It takes time to prepare your claim so start now.

You should consider seeking the help of experienced experts in employment law. We are here to help and it costs nothing to talk to us about your case in a FREE first consultation.

Contact one of our experienced experts by using the confidential contact us button and avail of our FREE time limited consultation service

 

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