Ch 3 employment legislation Flashcards
(26 cards)
What acts does the Employment Equality Act 1998 replace?
Anti-Discrimination (Pay) Act 1974 and Employment Equality Act 1977.
What are the nine grounds of discrimination?
Gender, Civil Status, Family Status, Sexual Orientation, Religion, Age, Disability, Race, Membership of the Traveller Community.
What does the Equal Status Act 2000 cover?
Applies nine grounds of discrimination to the provision of goods and services.
What must a claimant show under the Equality Act 2004?
A prima facie (first impression) case of discrimination.
Name areas covered under Employment Equality Acts.
Equal pay, recruitment, training, promotion, terms and conditions, classification, collective agreements, dismissal.
Who is covered under the Employment Equality Acts?
Employees, apprentices, Gardaí, civil servants, agency workers, contractors, partnerships, trade unions.
What is employer liability under the Acts?
Employer is liable for employee actions unless they took reasonably practicable steps to prevent discrimination.
Define discrimination under the Employment Equality Acts.
Less favourable treatment based on any of the nine grounds, including perceived or potential future discrimination.
List types of discrimination.
Direct discrimination, indirect discrimination, positive discrimination, harassment, victimisation.
What is direct discrimination?
One person treated less favourably than another based on nine grounds with direct comparison.
What is indirect discrimination?
A seemingly neutral provision disadvantages a group disproportionately.
What is harassment under the Act?
Unwanted conduct related to a discriminatory ground creating an intimidating, hostile, or offensive environment.
What is victimisation under the Act?
Retaliatory conduct after an employee makes a discrimination complaint.
What are employer obligations regarding disability?
Reasonable accommodations unless it imposes disproportionate burden.
What protections exist for pregnancy discrimination?
Protected under gender grounds and maternity/unfair dismissals legislation.
Define equal pay for like work.
Equal pay for work that is the same, similar, interchangeable, or of equal value.
When is positive discrimination allowed?
If objectively justified, e.g., promoting conditions favourable to women during pregnancy or breastfeeding.
Give an example of indirect discrimination.
Requirement for full-time work disadvantaging single parents (NBK Designs v. Inoue case).
Give an example of discrimination on family status.
Dismissal of a school secretary related to religious controversy (Gaelscoil Thulach na Nog v. Markey).
Give an example of discrimination on sexual orientation.
Harassment at a workplace not properly addressed (Piazza v. Clarion Hotel).
Give an example of discrimination on age.
Older deputy principal overlooked despite more experience (Teacher v. Catholic School case).
Give an example of race discrimination.
Requirement of two references disadvantaging non-Irish applicants (Czerski v. Ice Group).
Give an example of Traveller community discrimination.
Christmas party incident treated differently (Maguire v. North Eastern Health Board).
How must claims be filed under the Acts?
Complaint to WRC Director General within 6 months (12 months if exceptional circumstances).
