The Equality Authority welcomes the decision of the Office of the Director of Equality Investigations (ODEI) – the Equality Tribunal in awarding 5,000 euro to an employee of the North Eastern Health Board. The decision of the Equality Officer of the ODEI stated that the employee was harassed at the organisation’s Christmas party because of his membership of the Traveller community. The North Eastern Health Board discriminated against the claimant and failed to investigate the matter and protect him from harassment. Also the reduction in working hours allocated to the claimant after the complaint of harassment was made, amounted to victimisation.
Niall Crowley, Chief Executive Officer of the Equality Authority, which represented the claimant, stated “the implementation of the Employment Equality Act 1998 has already revealed sexual harassment as a widespread problem in the workplace. This case highlights the issue of harassment beyond the gender ground. Casework would indicate that such harassment is a significant workplace problem, not only on the Traveller ground but also across the grounds of sexual orientation, disability and race”.
The need to have a formal and structured approach to identifying and dealing with harassment is clear. The Equality Authority has published a Code of Practice on Sexual Harassment and Harassment in the Workplace. This Code was used in evidence in the case. It provides clear guidance to employers on their obligations to prepare and disseminate anti-harassment policies and to put in place procedures to deal with issues of harassment when they arise.
“This case indicates the importance of employers being pro-active in combating and addressing harassment. The Code of Practice sets out the clear steps required. This case also highlights the barriers faced by Travellers in achieving economic independence through employment. Harassment damages any potential for the workplace to be intercultural. If we don’t achieve intercultural workplaces, we condemn Travellers and other minority ethnic groups to unemployment and marginalisation”, concluded Mr. Crowley.
ENDS