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Flashcards in Employment equality Deck (26)
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1
Q

What acts did the employment equality acts 1988-2015 replace

A

Anti-discrimination act 1974and employment equality act 1977

2
Q

Anti-discrimination (pay) act 1974

A

Only had a claim if you were discriminated against for a financial reason

3
Q

Employment equality act 1977

A

Very narrow and only focused on marital status and gender

4
Q

Who is included in the EEA

A

Everybody including those who were excluded from the UDA

5
Q

When does the EEA apply (7)

A
  • Access to employment
  • Current job
  • Promotion
  • Classification
  • Work experience and training
  • Dismissals
  • Collective agremments
6
Q

What are the 9 grounds of discrimination?

A

Age, Race, gender, family status, marital/civil status, sexual orientation, religion, disibility, ethnic groups

7
Q

Age under the EEA

A

Must be over school leavers age (16) and under the age of normal retirement

8
Q

When it possible to discriminate based on age?

A

When there is a costly training requirement

9
Q

What is the issue with claiming an age discrimination case

A

Must prove it is to do with age not years of service

10
Q

What must an employer do to prevent an employment equality case under Disability

A

Must make appropriate accommodations for the person unless it is to impose a disproportionate burden on the employer

11
Q

Who is liable for the actions of an employee

A

The employer

12
Q

Define discrimination

A

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.

13
Q

What is direct discrimination

A

Discrimination under one of the 9 grounds, this is outlawed by the act

14
Q

What is indirect discrimination

A

A seemingly neutral provision that puts one group at a disadvantage to another Eg high requirement in the gardi

15
Q

When is discrimination allowed (7)

A
  • 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
16
Q

Equal pay discrimination

A

One person is getting paid less than another for the same work, the case must have a comparator employed at the same time as the person or with in the last 3 years

17
Q

Who doesn’t apply to an equal pay discrimination case

A

Agency workers

18
Q

Harassment

A

Any form of unwanted conduct under the 9 grounds

19
Q

Sexual harassment

A

Any form of unwanted verbal, non-verbal or physical conduct of a sexual nature with the porous of violating a persons dignity

20
Q

What falls under unwanted conduct?

A

Acts, requests, spoken words, gestures, written words pictures and social media

21
Q

Who can do an act of harassment in the workplace

A

Employee, employer, client, customer and business contacts

22
Q

Where does a harassment case go?

A

WRC: mediation before adjudication

23
Q

Max compensation under EEA

A

2 years pay

24
Q

Types of redress in equal pay

A

Arrears, compensation plus interest

25
Q

XXXXXXXXXXX

A

Compensation

26
Q

Redress in an equality case

A

Compensation