Age Discrimination Dominates Equality Authority Workplace Casefiles

The Equality Authority Annual Report 2007 will be launched today (Thursday 24th July), in the Equality Authority, by John Moloney TD, Minister of State for Equality, Disability and Mental Health.

During 2007 the Equality Authority

  • Responded to 10,993 queries under five different pieces of legislation. There were 3,047 queries in relation to the Employment Equality Acts, 1,559 queries in relation to the Equal Status Acts, 4,257 queries in relation to the Maternity Protection Acts, 1,996 queries under the Parental Leave Acts and 134 queries under the adoptive leave Acts.
  • Had 737 casefiles under three pieces of legislation with 360 casefiles under the Employment Equality Acts, 328 casefiles under the Equal Status Acts and 49 casefiles under the Intoxicating Liquor Act.

In these casefiles

  • The age ground was the highest area of casefiles under the Employment Equality Acts for the first time (87 casefiles out of 360-24%)
  • The disability ground was the highest area of casefiles under the three Acts together (177 casefiles out of 737-24%)
  • Under the Equal Status Acts there was a substantial number of casefiles involving allegations of discrimination against the public sector-government departments, state agencies, local authorities, health agencies and schools (225 casefiles out of 328-69%)
  • The Traveller ground was the second highest area of casefiles under the Equal Status Acts (63 out of 328 casefiles-19%). These predominantly relate to allegations of discrimination in relation to educational establishments and accommodation provision.
  • The race ground (68 casefiles) and the gender ground (65 casefiles) continue to be a significant focus in the casefiles under the Employment Equality Acts.
  • The Traveller and the disability grounds are the highest areas under the Intoxicating Liquor Act.

Niall Crowley, CEO Equality Authority highlighted “the age ground predominantly involves allegations of discrimination by older workers. Age limits in the workplace are the focus for many of these allegations including fixed retirement ages. It is clear from the casefiles that there are significant numbers of older people who do not want to be forced to retire. The emergence of the age ground as the highest area of casefiles under the Employment Equality Acts underpins the urgency in tackling the ageism that is all too prevalent in society.” He pointed to “the significant challenges that are evident in the high level of casefiles on the disability ground. These allegations predominantly relate to a failure by employers and service providers to accommodate the needs of people with disabilities. It is clear from the casefiles that this accommodation requires early consultation with and an assessment of need of the individual employee or customer with disabilities. This issue is evident across a wide range of sectors including schools, transport providers, government departments and housing providers.” He added that “the significant presence of the public sector as a focus for allegations of discrimination reinforces our recommendation that the equality legislation should be developed to include a positive duty on the public sector to have regard to equality in carrying out its functions”.

A number of casework outcomes of strategic importance were achieved during the year including:-

  • A local authority was ordered to pay the maximum compensation under the Equal Status Acts for discrimination on the disability ground and to construct an extension in a local authority house suitable to the needs of a child with autism or to rehouse the family in alternative suitable accommodation.
  • The Health Service Executive was ordered to pay the maximum compensation under the Equal Status Acts for discrimination on the Traveller community ground for obliging the claimant to attend a centralised unit in Dublin for payment of supplementary welfare allowance (SWA) and was ordered to arrange for SWA payments to Travellers at all outlets at which payment is made to non-Travellers.
  • A complaint of discrimination by a domestic worker under the Employment Equality Acts was settled on the basis of a substantial payment.
  • A complaint under the Equal Status Acts was settled when the State Examinations Commission re-issued a Leaving Certificate to reflect the presenting identity of a Transsexual person.

Niall Crowley, CEO of the Equality Authority, pointed to the “development of a new focus on the business case for equality during 2007. Ground breaking research quantified, for the first time in an Irish context, the positive relationship between equality and diversity strategies in companies and increased productivity, increased motivation and decreased employee turnovers. This research is particularly important as we experience economic turbulence – equality and diversity strategies are not an optional extra for the good times, they are key to business survival in more difficult times”.

In 2007 the Equality Authority was the National Implementing Body for the European Year for Equal Opportunities for All in Ireland. The Irish Strategy for the European Year was afforded a high and positive profile by the European Commissioner during 2007. It involved the development of new networks for equality in a wide range of sectors- business, trade union, state agency, local authority and university. The European Year achieved 56% recognition in an omnibus survey conducted in July 2007.

Ends

The Equality Authority is mandated to promote equality and eliminate discrimination in the workplace and in the provision of goods and services, accommodation and education.