Employment Equality Act & Disability

IASE Oct 2008

Disability Ground in Equality Legislation

Broadly defined to include total or partial absence of bodily or mental facilities, chronic disease, whether manifest or not, and learning and personality conditions.

Equality Authority 2007 Casework

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Employment Equality Act

Total 360 Age 24% Race 19% Gender 18% Disability 16%

Facts and Figures

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Employment Equality Acts

• access, • dismissal • promotion • working conditions

A Worker -v- A Company

 Epilepsy – controlled by medication  Permanent position – medical exam  Dismissal – work environment posed dangers  No reasonable accommodation  Award = £15,000

Significant Award on Accommodation

• 14 years in employment • Psychiatric illness in Mar 2002/ Later fit to return to work • Employer – new job description,not deal with clients, work monitored • Employer – not seek advice of medical consultant • Demeaning & stress – resignation • No accommodation, lack of understanding/less than understanding • Dismissal associated with disability = 49,900 euros

Complainant -v- A Department Store

       Alleged Discrimination – imputation of disability Applied for a position – not successful Sought advice from EA Continued to apply for jobs within Store Employer would not consider application while claimant making representations to EA Equality Officer – Victimisation Exercising rights without victimisation

Reasonable Accommodation

• Waiter became disorientated – low sugar levels • Prepared to return after food and drink • Told to go home – next day was dismissed • Labour Court Award of €4,000

Employment Equality Act

A Motor Company -v- A Worker

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Service Receptionist

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Later informed that there were problems with communicating on the telephone

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Informed company of hearing aid

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Headset provided – no consultation & not the correct type

Employment Equality Act 

After trial period given notice

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Discrimination – - Proper headset not provided - Nominal cost - Reasonable accommodation to include induction training

Kavanagh v Aviance UK Ltd

• Airport baggage supervisor – sustained elbow injury • After month’s sick leave attended Co. dr • During said visit, claimant’s heart condition discussed (previous cardiac history) • Not cetified to return to work  Disagreement over duties of supervisor and amount of physical exertion  No alternative work offered   Co. priority to reduce nos. – no reasonable accom Award €125,000

GROUNDS OF DISCRIMINATION

• GENDER • MARITAL STATUS • FAMILY STATUS • SEXUAL ORIENTATION • AGE • DISABILITY • RACE • MEMBERSHIP OF TRAVELLER COMMUNITY • RELIGION

Direct Discrimination

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Direct Discrimination

occurs if a person is treated less favourably that another person is treated on the basis of membership of any of the nine grounds.

Disability - Duty on Employers

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Appropriate Measures:

The employer shall take appropriate measures where needed in a particular case, to enable a person who has a disability – 1. To have access to employment 2. To participate or advance in employment, or 3. To undergo training Unless the measures would impose a disproportionate burden.

Appropriate Measures

• Adaptation of premises and equipment • Patterns of working time • Distribution of tasks • Provision of training

Reasonable Accommodation & Employment • Person with a disability is considered to be fully competent and capable of performing duties attached to the post………… • If with the provision of special treatment or facilities the employee would be fully competent and capable • Employer’s decision must be reasonable and objective

Employment Equality Act 1998

Specific Provisions of Employment Equality Act 1998

• Work -

Access, Promotion, Dismissal, Pregnancy

• Collective Agreements • Advertising • Employment Agencies • Training • Trade Unions • Professional Associations • Self-employed • Partnerships • Employment in another person’s home

Equal Pay

• Equal remuneration between persons or a group of persons for ‘like work’ • Like work is defined as the same, similar or work of equal value • Same or associated employer

Dispute

Employer Individual Trade Union

Equality Authority

Information Advice Questionnaire/Meeting Resolution Process Legal Challenge

Equality Tribunal

Equality Mediation Officers

Decision

Labour Court Circuit Court Equality Officers

Awards

Pay = 3 years Treatment = 2 years

Reasonable Accommodation Steps

• Find out about employee and disability • Look at needs • Examine work set-up • Examine tasks to be carried out • Job requirements – objective criteria • Examine what can be done to assist individual achieve full potential

Anticipate Need

• Accessible premises – ramps,reception,alternative access for hearing impairments,loop system,lifts,signage,etc • Recruitment – positive action,consult PWD re interviews,qualifications (specific),training,special requirements etc

Anticipate Need

• Flexibility – in order to facilitate carer or PA or for transport reasons, rehab or treatments, redeployment etc • Promotion – apply and avail of training • Assistive Technology – updated • Policies

Core Elements

Core Elements & Implementation Steps

1. Declare - Organisation Commitment - All employees dignity & respect - Complaints – confidentiality - Disciplinary action 2. Definition and scope 3. Procedures and monitor

Core Elements

Core Elements & Implementation Steps

4. Trade Union Input & Role 5. Disseminate to all staff - leaflets, statement, training manuals, website, notice boards, contracts 6. Training and support 7. Informal / Formal Resolution

Equality & Diversity Training

• Change Culture of Organisation • Address knowledge,awareness,skills  Recruitment & selection training  Harassment  Equality legislation  Develop policies  Serving diverse customer base  Sensitivity training  WLB

Allocate Responsiblity

• Resources • Stimulate support • Monitor • Activities to promote equality • Equality Officer • Equality Committee

Employment Equality Review & Action Plan

• Entry / Recruitment • Working Conditions • Managing Diversity

Benefits

1. Progressive Employer – attract & retain 2. Non- discrimination – morale 3. Productivity 4. Recruit from broader pool 5. Better understanding of customers with disabilities

Conclusion

• Redress through legislation • Policies – employment • Reasonable accommodation or appropriate measures • Engage employees with disabilities • Link with PWD organisations • Secure change in situation & experience of PWD • Secure change in organisations – full equality in practice

Future talent pool will be diverse. 1in 5 in the UK working age population will have a disability. Fairness is not just a social good but an economic imperative.

Contact Details

Equality Authority 2 Clonmel Street Dublin 2

Tel: Lo Call: 01-4173333 1890-245545 Text Phone: 01-4173385 Fax: 01-4173366 Email: Website: [email protected]

www.equality.ie