What is Civil Status Discrimination in Work?
Discrimination on the ‘civil status ground’ happens where there is less favourable treatment of one person compared to another person because they are of different civil status.
The areas of work covered include advertising, pay, access to employment, vocational training, work experience, terms and conditions, promotions, pensions, dismissal, and collective agreements.
Example An employer advertises for an employee with strong family values.
Example An employer rejects an applicant for being married.
Example An employee in a civil partnership doesn't get benefits that a married employee gets.
Certain questions asked at interview or during the selection process can also be discriminatory.
Example Asking a candidate if they are single during an interview.
Who can you complain to?
Complaints under the Employment Equality Acts and the Equal Status Acts are made to the Workplace Relations Commission (WRC).
The WRC deals with claims related to employment and to services or goods, including education, housing, membership clubs and certain cases relating to pubs.
Note that there are very strict timeframes to complain.
What law protects you against discrimination in work?
The Employment Equality Acts (EEA) protect you from discrimination at work.
You are protected by the EEA if you are:
- A full-time, part-time or temporary employee
- A public or private sector employee
- A self-employed contractor or partner in a partnership
- An officeholder in state or local authorities
- Seeking work through employment agencies
- A trainee doing vocational training
- A member of a trade organisation, trade union or professional body
- Doing paid work experience
Note: The Employment Equality Acts do not cover volunteers.
What rights do you have in work?
Harassment, sexual harassment and victimisation
Employment law prohibits harassment, sexual harassment and victimisation by employers and in workplaces.
Harassment may be carried out by:
- Your employer
- Managers
- Co-workers
- Clients
- Customers and service users
- Other business contacts at your workplace, such as delivery workers, cleaners, maintenance workers, students, volunteers or professional contractors
Exceptions and Exemptions
There are some exemptions to the Employment Equality Acts.
This means employers have an exemption in certain situations.
These exemptions fall into three groups:
- General exemptions applying to all types of employment
- Exemptions applying to specific types of employment
- Exemptions related to one or more of the protected grounds
Exemptions on the civil status ground
Treatment which confers benefits on women in connection with pregnancy and maternity including breastfeeding is allowed.
Anything done in compliance with any provisions of the Maternity Protection and Adoptive Leave legislation is not discrimination on the civil status ground.
Employers can provide certain benefits to employees who have families (for example, flexi-time or onsite childcare facilities).
Positive action
As well as prohibiting discrimination, the Employment Equality Acts allow positive action to make sure everyone has equal opportunities at work.
This means employers can prevent or compensate for disadvantages linked to any of the protected grounds by offering favourable treatment to people affected by these grounds.
For example, an employer might offer flexible working hours or working from home to workers with a disability. They might provide a creche to help employees with childcare responsibilities, or English classes for workers who are not native speakers of English.
Have you experienced discrimination for another reason?
Select the ground and area where you have experienced discrimination