The 2001 Annual Report of the Equality Authority launched today by the Minister for Justice, Equality and Law Reform, Mr Michael Mc Dowell, T.D., reveals an 800% increase in casework from 119 cases to 1,066 cases – a dramatic increase in people wishing to bring discrimination claims.
Minister McDowell states ” Considerable progress has been made to date in relation to the promotion of equality in Irish society through legislative changes and other initiatives. However, my colleagues in Government and I recognise the need to build this progress and are committed in the new Programme for Government to supporting equality initiatives and enhancing the existing statutory foundation for equality. Our aim is to promote greater respect for the individual and for the diversity, equality and cultural difference in Ireland, to develop and pursue equal opportunity and equal access policies and to support the reconciliation of work and family responsibilities. As Minister with responsibility for Equality I look forward to translating these objectives into reality and to consolidating on the progress achieved to date. In this regard I look forward to working with the Equality Authority in the coming months and years to support it in its work towards the promotion of equality in Irish life”
Kate Hayes, Chair of the Equality Authority remarked that in 2001 there was an almost overwhelming demand on the services of the Equality Authority. “Widespread discrimination is evident and requires persistent initiative both legally to enforce the legislation and developmentally to harness what is a widespread interest in preventing the emergence of such discrimination”. In fulfilling its role she stated that the Equality Authority had made a significant contribution in “responding in a strategic way to individuals who felt they had been discriminated against, generating awareness on equality issues and the new legislation, grappling with controversial issues and advancing them effectively, and building relationships at local and national level with business, trade unions and the community and voluntary sectors”.
Employment Equality Act
The Equality Authority had 405 files dealing with employment discrimination. Gender discrimination remains the largest issue taking up 41% of these cases with a large proportion of these concerning pregnancy related discrimination. Despite over twenty four years of protective legislation, women are still regularly and almost routinely discriminated against and even dismissed on account of being pregnant.
12% of the caseload referred to incidents of sexual harassment and harassment on the newer grounds of race, sexual orientation and disability in particular. The age discrimination files highlight difficulties in accessing employment and promotion. 16% of the dismissal cases related to race followed by disability, age and sexual orientation.
A number of significant judgments were obtained from the Labour Court and the Office of Director of Equality Investigations relating to sexual harassment and the newer grounds of disability, age, race and membership of the Traveller community.
Equal Status Act
The refusal to serve by publicans, hotels and restaurants constituted an unprecedented and almost overwhelming number of claims. Claims have been made by Travellers, Black people, older people, young people, parents with children, gay people, people with disabilities and women. Particularly disturbing is the number of claims made by members of the Travelling community. The number and variety of claims in this area must be indicative of persistent, sustained and endemic discrimination and a profound reluctance to make this arena of social interaction more inclusive. Other issues of discrimination have emerged in relation to claims of discrimination in denial of access to schools on grounds of disability, race and membership of the Traveller Community. The provision of accommodation and welfare has also arisen. Allegations of discrimination based on the age and gender ground in relation to providing insurance, as well as claims relating to discriminatory golf clubs, have also been the focus of complaints under the Equal Status Act.
Niall Crowley, Chief Executive Officer of the Equality Authority, highlighted the development of “valuable partnerships in and establishing a commitment to eliminating discrimination and securing the benefits that flow from effective equality strategies. Of particular significance in 2001 included:
- Work with the social partners in developing a Code of Practice on Sexual Harassment and Harassment, supporting good anti-racist practice, and encouraging family friendly flexible working arrangements, and publishing guidelines for employment equality policies
- Work with the statutory sector to support focus on equality and the requirements of the Equal Status Act within quality customer service and the 3% target for the employment of people with disabilities.
Work with the Department of Justice, Equality and Law Reform in making proposals for the review of the grounds covered by the Employment Equality Act 1998, developing an equality proofing framework, contributing to the debate on the Disability Bill, and assisting the transposition of the EU equality directives into Irish legislation.”
Niall Crowley stated that the experience of 2001 “poses a range of challenges for the Equality Authority in the future. These include the challenge to:
- Manage high levels of demand through new criteria for deciding on which cases to support and through developing alternative supports for those experiencing discrimination
- Further evolve an equal status infrastructure to assist enterprises to meet their capacity to meet obligations under the Equal Status Act
- Develop a more detailed understanding of the specific experiences, situations and identities of people across the nine grounds and of the implications for policy and practice to realise equality of opportunity and the elimination of discrimination.
The promotion of equality inevitably requires changes and this can be controversial.”However when we look at the experience of earlier equality legislation, we can see history repeating itself in terms of accompanying controversy and we can therefore be reassured that the controversy is for the short term, while the benefit to be realised is for the long term” concluded Mr Crowley.
Ends