Equality in the workplace

Discrimination means treating one person in a less favourable way than another person.

There are laws to prevent certain types of discrimination in the workplace. Some differences in the way people are treated are not considered as discrimination under the law.

There are 9 grounds for discrimination, known as the protected grounds. These are:

• Gender: includes man, woman or transgender (see ‘legislation covering discrimination’ below)
• Civil status: includes single, married, separated, divorced, widowed people, civil partners and former civil partners
• Family status: this refers to the parent of a person under 18 years or the resident primary carer or parent of a person with a disability
• Sexual orientation: includes gay, lesbian, bisexual and heterosexual
• Religion: means religious belief, background, outlook or none
• Age: this does not apply to a person aged under 16
• Disability: includes people with physical, intellectual, learning, cognitive or emotional disabilities and a range of medical conditions
• Race: includes race, skin colour, nationality or ethnic origin
• Membership of the Traveller community.

The Employment Equality Acts 1998 to 2015 outlaw discrimination in a wide range of employment and employment-related areas.

The areas covered include:

• Equal pay
• Recruitment
• Training and work experience
• Promotion or re-grading
• Terms and conditions of employment
• Classification of posts
• Collective agreements
• Dismissal

Gender discrimination

Under EU law a transgender person who experiences discrimination arising from their gender reassignment, or transition, is protected under the gender ground.

Discrimination is defined as less favourable treatment. An employee is said to be discriminated against if they are treated less favourably than another employee is treated, has been treated or would be treated, in a comparable situation on any of the above 9 grounds.

Discrimination can be direct or indirect.

To establish direct discrimination, a direct comparison must be made. For example, in the case of disability discrimination the comparison must be between a person who has a disability and another person who has not. Or, between two people with different disabilities.

Indirect discrimination is when practices or policies do not appear to discriminate against one group more than another, but actually have a discriminatory impact.

Indirect discrimination can also happen where a requirement that may appear non-discriminatory adversely affects a particular group or class of people.

Disability

Employers must make reasonable accommodations for employees with disabilities. This includes providing access to employment, enabling people with disabilities to participate in employment including promotion, and training.

Pregnancy

Pregnancy-related discrimination is discrimination on the ground of gender and includes recruitment, promotion and general conditions of employment. You are also protected under maternity protection and unfair dismissals legislation, if you are pregnant or have recently given birth.

Equal pay

Employment equality legislation provides for equal pay for like work. Like work is defined as work that is the same, similar or work of equal value. It is one of the terms that must be part of the contract of employment. A claim for equal pay can be made on any of the 9 grounds listed above.

Harassment

Harassment including sexual harassment that is based on any of the 9 grounds is a form of discrimination in relation to conditions of employment. Bullying at work which is linked to one of the 9 discriminatory grounds above comes under employment equality legislation.

Victimisation

You are protected against victimisation if you bring a claim or are involved in a complaint of unlawful discrimination against your employer. This means that your employer may not penalise you by dismissal, unfair treatment or an unfavourable change in your conditions of employment.

The Irish Human Rights and Equality Commission and the Workplace Relations Commission are separate organisations that work to ensure equality at work.

The Irish Human Rights and Equality Commission is a statutory body set up to provide information to the public on human rights and equality legislation. In some cases you can get legal assistance if you want to bring a claim to the Equality Tribunal. You can read more in IHREC’s booklet Your Employment Equality Rights Explained.

The Workplace Relations Commission (WRC) investigates or mediates claims of unlawful discrimination under equality legislation.

You can bring a discrimination claim under the Employment Equality Acts 1998 to 2015 using the WRC's online complaint form.

You can read more about equality and discrimination disputes.

Read or download a free guide to taking an employment equality case from the Community Law and Mediation (CLM) website. CLM also offers free legal information, advice and mediation services.