Transcript Equality Issues - Dublin Employment Pact

Organisation Name
Presenter’s Name
Equality and Diversity Training
Date
Definition of Equality
The purpose of the equality agenda is to
remove bias from existing policies and
procedures, to recognise past imbalances
and to take steps to reduce the effects of
previous discrimination in order to allow
people equal access in employment,
development and service.
Definition of Diversity
Management
Planning and implementing
organisational systems and
practices to manage people so
that the potential advantages
of diversity are maximised
while its potential
disadvantages are minimized.
Building a House for Diversity
Employment Equality Act, 1998
Discriminatory Grounds
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Gender
Marital Status
Family Status
Sexual Orientation
Religion
Age
Disability
Race
Membership of the Traveller Community
Employment Equality Act,
1998
Areas Covered
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Access to Employment
 Training and Promotion
 Re-grading and Classification of Posts
 Conditions of Employment
Equality Issues
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Direct Discrimination: Where one person is
treated differently or less favourably than another
on any of the discriminatory grounds
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Indirect Discrimination: Where a requirement or
practice operates in a way that produces a greater
disadvantage for one group and unless the
requirement is objectively justified/reasonable, it
is unlawful
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70 named employees v Superquinn
Gender
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Pregnancy Related Matters
 Sexual Harassment
 Atypical working arrangements – term time,
worksharing, career break etc.
 Decency
 Uniforms
Employment Equality Act,
1998
Gender Ground
Flexible Working Arrangements
 Weir v St. Patrick’s Hospital - A policy of not
considering applications for jobsharing adversely
impacts on females rather than on males, both
within this hospital and generally
 Burke v NUI Galway - made reasonable efforts to
facilitate the claimant
 Walsh v Tesco - no policy of refusing such
applications
Employment Equality Act,
1998
Sick Pay and Pregnancy Related Illness
 McKenna v North Western Health Board
Victimisation
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the victimisation of a person for in good faith
having taken a claim under the equality
legislation is very serious, as it could have the
impact of undermining the effectiveness of the
legislation
Workshop
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Marital Status; Family Status; Sexual
Orientation; Religion; Age; Disability;
Race; Membership of the Traveller
Community
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What are the issues in each of the
categories?
Marital Status
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Living in close proximity to Head Office
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Benefits to partners and partner’s family
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Medical Benefits
Family Status
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Atypical Working Arrangements
 Benefits to family members
 Harassment
 Punishing people for going home on time –
rewarding ‘presenteeism’
Disability
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Wide technical medical based definition
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Employer must do all that is reasonable to accommodate
the needs of a person with a disability unless such
provision would give rise to more than nominal costs
An employee v A local authority – the costs
associated with the facilities could not be
considered as anything other than nominal to a
large public sector organisation - €15,000
 Kehoe v Convertec Limited – failing to examine
the option available to accommodate his needs
given his disability €10,157
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Age
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18-65 years
 Job advertising – Equality Authority v
Ryanair
 Retirement Age of Fire Fighters
 Selection for Acting Up
 Promotion/Selection on basis on seniority
Sexual Orientation
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Prejudice
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Harassment
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Inclusion
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Family benefits
Religion
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Wearing of Religious symbols
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Dress Code
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Facilitating Religious Practice
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Staff Restaurant - Choice
Race
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Prejudice
 Harassment
 Inclusion
 Language and Culture
 Patience dealing with customers
Membership of the Traveller
Community
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Prejudice
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Inclusion
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Understanding the needs of a different
culture
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Service Delivery
Sexual Harassment
Section 23(3) states:
“For the purposes of this Act (a) any act of physical intimacy by B towards A
(b) any express request by B for sexual favours from A;or
(c) any other act or conduct of B (including, without
prejudice to the generality, spoken words, gestures or
the production, display or circulation of written words,
pictures or other material) shall constitute sexual
harassment of A by B if the act, request or conduct is
unwelcome to A and could reasonably be regarded as
sexually or otherwise on the gender ground, offensive,
humiliating or intimidating to A.”
A Complainant v A Company
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The code of practice issued by the Equality
Authority suggests employers should adopt,
implement and monitor a comprehensive, effective
and accessible policy on sexual harassment &
include such elements as training and review.
Investigation of complaints should be done
speedily, confidentially and with due respect for
the rights of both parties. These factors appear to
be what might be expected of an employer
attempting to demonstrate he/she had taken
reasonably practicable steps to prevent sexual
harassment.
Harassment
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S.32 of the Act repeats the provision
regarding sexual harassment
 Is only actionable if it is done on the basis
of one of the eight non-gender grounds of
discrimination
 Harassment must be based on difference
 Protagonists do not have to be different
Bullying
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No Legislation
 Task force on bullying
 Definition: Workplace Bullying is repeated
inappropriate behaviour, direct or indirect whether
verbal, physical or otherwise, conducted by one or
more persons against another or others, which
could reasonably be regarded as undermining the
individual’s right to dignity at work
An isolated incident of the behaviour described in
this definition may be an affront to dignity at work
but as a once off incident is not considered to be
bullying
Vicarious Liability
‘Anything
done by a person in the
course of his or her employment
shall … be treated for the purposes
of this Act as done also by that
person’s employer, whether or not
it was done with the employer’s
knowledge or approval.’
Equal Status Act 2000
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Promotes Equality in the delivery of service
Prohibits certain kinds of discrimination
Same 9 grounds
Prohibits sexual harassment and harassment
Discrimination by association
Exceptions
S.19 local authorities dipped footpaths for
disabled
Your Responsibility
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To uphold the good name of
the organisation by treating
all staff and customers with
respect
 To inform management of
any potential discrimination
or harassment that may be
taking place in the
organisation
Policies
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The following policies exist in (Name of
Org)
 Dignity at Work Policy
 Sexual Harassment
 Harassment
 Bullying etc. etc.
Bullying and Harassment
Procedures
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Log all incidents
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Write down feelings at the time
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Ascertain if there were witnesses
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Contact Designated Contact Person, Equality
Officer or Union Rep etc
What Do You Do?
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Inform Supervisor or
Equality/HR/Health
and Safety Officer
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Read policies
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Become involved on
Equality Action Team
/Equality Issues
Cases