Michael McDowell TD, Minister for Justice, Equality and Law Reform will today launch the Equality Authority’s Annual Report for 2004.
The Annual Report details the information and legal services provided by the Equality Authority. During 2004:
- the Equality Authority responded to 11,257 information queries on foot of the information function played by the Equality Authority in relation to the equality legislation and maternity protection, parental leave and adoptive leave legislation. This figure reflects a significant increase in queries on the Maternity Protection Act, the Parental Leave Act and the Adoptive Leave Act.
- these were 370 casefiles under the Employment Equality Act. The ground of race remained the largest category (31.9%) followed by the gender ground (23.8%), disability (16.2%) and age (11.4%) grounds. Working conditions are the largest area of complaint followed by access to employment and dismissal.
- these were 509 casefiles under the Equal Status Act. The Traveller ground is the largest category (35.4%), followed by disability (24.2%), race (12.2%) age (8%) and gender (8%) grounds. Claims of discrimination related to licenced premises (145), public sector provision (126), education provision (74), insurance (35) and accommodation provision (35).
- there were 10 casefiles under the Intoxicating Liquor Act, which relate to licenced premises and claims on disability, Traveller and age grounds. This low level of casefiles is in part due to the failure to transfer the information functions of the Equality Authority under the Intoxicating Liquor Act.
Speaking at the launch Niall Crowley, Chief Executive Officer of the Equality Authority highlighted “the continuing dominance of the race and Traveller grounds in the casefiles. Migrant workers continue to face particular difficulties. This was valuably recognised by the Labour Court which found that there was a positive duty on employers to take proactive steps in certain situations to ensure non discrimination for migrant workers”.
He noted “the growth of allegations of discrimination on a number of grounds particularly in relation to the provision of accommodation by local authorities. Two important settlements were reached in this area involving the allocation of housing to a Traveller family and to a Traveller with a disability”.
He identified other “important patterns and lessons from the casefiles, recommendations and settlements during 2004. These include:
- continuing significant financial settlements in claims of pregnancy related discrimination
- the award, for the second year running of the maximum compensation of two years salary by the Equality Tribunal in a sexual harassment claim
- a settlement involving an €8,000 payment when a job offer was rescinded because the claimant was in a same sex relationship
- a significant number of casefiles relating to insurance, particularly on the age ground
- the application of the Equal Status Act by the Circuit Court to voluntary disability groups which provide so many key services to people with disabilities”.
The Annual Report details a broad range of initiatives taken by the Equality Authority to support good practice by employers and service providers. These included:-
- encouraging new practice by schools with initiatives to support a focus on equality in school development plans and in whole school evaluation
- supporting a new focus on equality in planning and service provision in the health sector where the first equal status review was carried out with the North Western Health Board to examine policies, practices and procedures in five service provision areas for their impact on equality
- the dissemination of guidelines on developing workplace equality policies and equality and diversity training, and the provision of grants to small and medium enterprises to implement this guidance
“This work emphasises the importance of institutional change in the pursuit of greater equality. It seeks to support organisations to be planned and systematic in promoting equality, combating discrimination and making adjustments for diversity among employees and customers” stated Niall Crowley.
During 2004 the Equality Authority took a number of initiatives to support the development of a wider equality infrastructure at national level. These included:-
- work with the Central Statistics Office to support the development of a ground breaking nationally representative survey of experiences of discrimination.
- work with a number of Government Departments to equality proof new policies to ensure they benefit the diversity of groups currently experiencing inequality.
“There has been a valuable development of the equality legislation with the enactment of the Equality Act 2004. People with disabilities should be better enabled to access and participate in employment with increased responsibilities on employers to make reasonable accommodation for them. Older people are better protected in the workplace with the removal of the upper age limit that had applied under the Employment Act. Employers can also now take positive action to achieve full equality in practice. Both acts and all nine grounds benefit from new and enhanced definitions of harassment and discrimination”, stated Niall Crowley.
However he expressed “concern at decreases in the levels of protection under the equality legislation during 2004 due to the
- delays in claimants having their cases heard due to resource limitations in the Equality Tribunal
- low level of awards in cases involving licenced premises and where maximum limits have been set under the equality legislation
- new exemptions in relation to non nationals introduced by the Equality Act
- overturning of two successful cases with new provisions in the Equality Act
- introduction of discrimination against cohabiting same sex patrons in the Social Welfare (Miscellaneous) Act 2004 and the Residential Tenancies Act, 2004″.
Ends