Have you experienced discrimination for another reason?
Select the ground and area where you have experienced discrimination
What is Religious Discrimination in Work?
Discrimination on the ‘religion ground’ happens where there is less favourable treatment of one person compared to another person because one has a different religious belief, background or outlook from the other, or that one has a religious belief, background or outlook and the other has not.
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 asks a candidate their religion, or if they believe in God.
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?
Reasonable Accommodations
Employers, potential employers and workplaces must make ‘reasonable accommodation’ for people with a disability.
This means that if you have a disability, your employer or potential employer must take effective practical steps to enable you to do your job, apply for a job, attend training or make progress in your job.
You have the right to ask for reasonable accommodation both at the recruitment stage and at work. Reasonable accommodation could involve adapting premises, changing working hours or giving you different tasks. However, the measures must be reasonable for the employer as well as for you.
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 to the religion ground
Certain religious, educational and medical institutions may give more favourable treatment on the religion ground to an employee or prospective employee, where it is reasonable to do so, in order to maintain the religious ethos of the institution.
However, an education or medical institution that is whole or part publicly funded cannot provide more favourable treatment on the religion ground unless;
- it can demonstrate that the treatment is necessary by reason of the nature of the institution’s activities;
and therefore, the religion or belief of the employee or prospective employee constitutes a genuine, legitimate; - and justified occupational requirement having regard to the institution’s ethos; and
the institution must ensure that the treatment does not constitute discrimination on any of the other discriminatory grounds.
These institutions can also reserve places on certain teaching and nursing courses on religious grounds if the education and health authorities consider it to be reasonably necessary to ensure the religious ethos is preserved.
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