Employment Equality Acts

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Employment Equality ActsDisability

• Mental Health Ireland
• 24 May 2008
• Patrick OLeary

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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.

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Equality Authority 2006 Casework

• Employment Equality Act
• Total 404
• Race 26
• Gender 20
• Age 18
• Disability 17

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Facts and Figures

• Employment Equality Acts
• access,
• dismissal
• promotion
• working conditions

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A Worker -v- A Company

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

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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

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Maybin Property Support Services vs A Worker

• Cleaner congenital disease of lower legs
• Complaints from other employees
• Hours reduced medical assess
• Conclusion not able to do duties
• Dismissed
• Company failed to make enquiries re special equip
• Financial compensation

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Employment Equality Act

• A Motor Company -v- A Worker
• Service Receptionist
• Later informed that there were problems with
  communicating on the telephone
• Informed company of hearing aid
• Headset provided no consultation
• not the correct type

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Employment Equality Act

• After trial period given notice
• Discrimination
• - Proper headset not provided
• - Nominal cost
• - Reasonable accommodation to
• include induction training

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Kavanagh v Aviance UK Ltd

• Airport baggage supervisor sustained elbow
  injury
• After months sick leave attended Co. dr
• During said visit, claimants 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

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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

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A Strategy for Equality

• Report of the Commission on the Status of people
  with Disabilities (1996)
• Restrictions
• Housing, transport,education
• Provision of goods and services
• Entertainment Leisure Activities
• Mainstream Irish life, training employment

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Barriers

• Attitudinal opinions formed
• Environmental physical access
• Institutional fail to accommodate
• External transport employment

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Equality Infrastructure

• Employment Equality Act 1998
• Equal Status Act 2000
• Equality Act 2004
• Equality Authority
• Equality Tribunal

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Equality Authority

• Call Centre
• Legal Unit
• Equality Reviews and Action Plans
• Code of Practice
• Policies equality/anti-harassment
• Accessibility, recruitment, retention, progress,
  awareness, culture
• Engaging employees with disabilities

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GROUNDS OF DISCRIMINATION

• DISABILITY
• RACE
• MEMBERSHIP OF
• TRAVELLER
• COMMUNITY
• RELIGION

• GENDER
• MARITAL STATUS
• FAMILY STATUS
• SEXUAL ORIENTATION
• AGE

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Equality Legislation

• Equal Treatment across 9 grounds
• Disability Differently abled
• Identical treatment will not provide equality
• i
• Reasonable Accommodation or Appropriate Measures
• Positive Measures

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Specific Rights to Equality

• entitlement to equal pay
• equal treatment is an implied clause of the
  employment contract
• free from harassment

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Direct Discrimination

• 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.

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Disability

• Appropriate Measures
• The employer/service provider shall take
  appropriate measures where needed in a particular
  case, to enable a person who has a disability
• To have access to employment/service
• To participate or advance in employment, or
• To undergo training
• Unless the measures would impose a
  disproportionate burden.

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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
• Employers decision must be reasonable and
  objective

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Victimisation

• New Definition
• - sought redress
• - lawfully opposed
• - given evidence
• - notice of intention
• - complaint of discrimination
• - represented complainant

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What is Harassment?

• Harassment takes place where a person subjects
  the victim to any unwelcome act, request or
  conduct including spoken words, gestures or the
  production, display or circulation of written
  words, pictures or other material which is based
  on any discriminatory ground and could reasonably
  be regarded as offensive, humiliating or
  intimidating to the victim.

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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 persons home

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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

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Dispute

• Individual
• Employer Trade Union
• Equality Authority
• Information
• Advice
• Questionnaire/Meeting
• Resolution Process
• Legal Challenge

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Equality Tribunal

• Equality Mediation Equality Officers
• Officers
• Decision
• Labour Court
• Circuit Court
• Awards
• Pay 3 years
• Treatment 2 years

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Reasonable Accommodation Steps

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

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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,spec
  ial requirements etc

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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

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Equality Authority Employers

• Rights in legislation - redress
• Equal Opportunities Policy
• Anti harassment Policy
• Equality Review Action Plans
• Accessibility, recruitment, retention, progress,
  awareness, culture
• Engaging employees with disabilities
  accommodating needs

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Making a Claim

• Individual
• Service provider in writing
• EA assist
• (2 months)
• Director of Equality Investigations
• (within 6 months)
• 6350 and/or course of action

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What is this thing Advocacy?

• Actively supporting a cause or issue
• Speaking in favour of
• Recommending, supporting or defending
• Arguing on befhalf of oneself or another

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Who might need Advocacy?

• People with disabilities
• Older people
• Travellers
• Children
• People with literacy difficulties

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An Advocate Can Advice You To

• Understand your rights
• Make a phone call
• Write a letter
• Go to meetings
• Represent and sort things out

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Sometimes Advocacy is Standing Alongside Someone
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In Summary

• Not to be discriminated against
• Not to be harassed, sexually harassed or
  victimised
• To be reasonably accommodated subject to
• Disproportionate burden (employees)
• Nominal cost (pupils)
• Positive action full equality in practice
• (plan)

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Conclusion

• Comply with legislation
• Policies employment/service provision
• Reasonable accommodation or appropriate measures
• Engage employees/customers with disabilities
• Link with PWD organisations

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Contact Details

• Equality Authority
• 2 Clonmel Street
• Dublin 2
• Tel [phone]
• Lo Call 1890-245545
• Text Phone [phone]
• Fax [phone]
• Email info_at_equality.ie
• Website www.equality.ie