Work & Disability Discrimination
Discrimination on the ‘disability ground’ occurs where there is less favourable treatment of one person compared to another person because one has a disability and the other has not, or the other has a different disability.
‘Disability’ is defined broadly to include, physical, intellectual, learning, cognitive, emotional or medical conditions.
Am I protected?
You are protected by law if you are:
- a full-time, part-time and temporary employee;
- a public or private sector employee;
- a self-employed contractor or partner in a partnership;
- an office-holder in state or local authorities
- seeking work through employment agencies;
- a trainee doing vocational training;
- a member of a trade organisation, union or a professional body;
- doing paid work experience.
Note: volunteers are not covered.
The law covers many types of situations, such as:
- job advertising and access to employment (e.g. interviews);
- terms and conditions of employment, such as equal pay;
- promotion, dismissal, classification and re-grading of posts;
- pensions and retirement;
- collective agreements, for example through a union.
Am I entitled to equal pay?
The Employment Equality Acts provide for equal pay for like work.
'Like work' is defined as work that is the same, similar or work of equal value.
It is a term of everyone’s contract of employment that there is an entitlement to equal pay. Equal pay claims can be taken on any of the nine specified grounds (Age, Civil Status, Disability, Family Status, Gender, Membership of the Traveller Community, Race, Religion, Sexual Orientation).
Equal pay and disability
There is an exemption in relation to the provision of a particular rate of remuneration for work of a particular description where, due to disability, the amount of work done during a particular period is less than the amount of similar work done or which could reasonably be expected to be done over that period, by an employee without a disability.
What does equal pay mean?
The EEA refer to ‘remuneration’, which is broader than ‘pay’. It is defined in section 2(1) EEA as including ‘any consideration, whether in cash or in kind, which the employee receives, directly or indirectly, from the employer in respect of the employment…’.
The definition is wide and includes, for example, allowances, bonuses and eligibility for same, performance payments, and non-cash benefits such as cars and mobile phones.
What is like work?
Under section 7 (1) EEA 'like work' is work that:
- is performed in the same or similar conditions as another employee, or is interchangeable with the work of another employee; or
- is of equal value to the work performed by another employee.
The equal value provision allows dissimilar jobs to be compared and to be considered 'like work'.
What must I establish to take an equal pay case?
The onus of proof is on the person making the complaint to establish the basic facts. The person must identify a comparator with whom they are performing like work. A comparator is another person employed by the same or an associated employer.
They must also establish the discriminatory ground, and the pay differential. If these elements can be established, the employer must then demonstrate that the difference in pay is on grounds other than a discriminatory ground.
Therefore, no time limit for equal pay claims is provided in the EEA and so the six-year limitation period provided under the Statute of Limitations 1957 in respect of breach of contract is the appropriate time limit.
A claim for equal pay must be made within six years of the disparity (or difference) in pay.
What should I look out for in the hiring process?
Employers have to ensure that hiring requirements and interviews do not discriminate against people, even unintentionally.
Employers must provide reasonable accommodation to ensure a level playing field for candidates with disabilities.
Example Ensuring physical accessibility to a building.
Example Providing extra time for interviews or assessments.
Certain questions asked at interview or during the selection process can also be discriminatory.
Example Asking if a candidate has suffered from mental health issues in their past employment.
Legitimate aim
Employers have to show that every condition of employment is justified by a legitimate aim, and the means of achieving that aim are appropriate and necessary. However, employers should ensure that any qualities required of an employee are clearly linked to the job in question.
Transparency
Employers should be able to show that there was no discrimination at any point of the hiring process. An employer may be discriminating against you if there is a lack of transparency in the process, such as unclear selection criteria.
Good practices include:
- Interview and selection procedures are clear and transparent, and comply with the organisation's policies;
- Interview notes and minutes are retained;
- Members of the interview panel are independent of the employer, have extensive experience and are trained in the requirements of anti-discrimination law;
- A pre-interview meeting is held at which the panel draws up questions relating to key areas;
- Marks are allocated for critical attributes required for the duties of the position based on objective pre-determined criteria;
- People with disabilities are reasonably accommodated to allow them apply for the job. For example, providing suitable technology for an interview.
What about promotions?
All of the criteria in relation to hiring, selection, interview applies equally to internal promotion.
Discrimination will occur when an employer omits to offer an employee access to promotion opportunities in the same manner as other eligible employees.
Example An employer refuses to promote you because you experienced a mental health problem in the past.
What are my rights if I am dismissed?
Employers cannot dismiss you because of your disability.
Constructive dismissal happens when an employee feels forced to resign after their employer makes their work-life difficult. If you believe this is discrimination connected your disability (as a protected ground) you may be able to make a complaint under equality law.
Example An employer dismisses you after you took time off for stress leave.
How can I be helped to work with my disability? Reasonable accommodation
Reasonable accommodation
An employer is obliged to provide reasonable accommodation to enable a person who has a disability:
- to have access to employment;
- to participate or advance in employment; or
- to undertake training.
Example Reasonable accommodation can involve a redistribution of any task or duty in a job, as long as not disproportionate in the context of the employment in question, of an employee's core duties to other staff members.
This ruling of the Supreme Court in the 2019 landmark Daly v. Nano Nagle Case points to an approach that looks at the individual’s employment in the round by considering it within the wider context of its relationship to fellow workers and the workplace.
This is unless the accommodation would impose a disproportionate burden on the employer.
Reasonable accommodations are effective and practical measures taken by the employer to adapt their place of business including:
- the adaptation of premises and equipment - like installing wheelchair ramps, providing special computers for the visually impaired, installing loop systems, and so on;
- patterns of working time;
- distribution of tasks; or
- the provision of training or integration resources.
- modify dress codes;
- facilitate remote working.
Example An employer provides assistive technology to an employee who has developed a visual impairment, this allowed the employee to reduce their computer-based work and carry out other tasks.
If your employer refuses to reasonably accommodate you, they may be discriminating against you.
Example You have arthritis in your hands and ask for a lightweight version of a tool that you use every day in work. Your employer refuses, saying that the tool is expensive and unlikely to work well.
Note that the employer is not obliged to provide any treatment, facility or thing that the person might ordinarily or reasonably provide for himself or herself.
In determining whether reasonable accommodation measures would impose a disproportionate burden on employers, account is taken of:
- the financial and other costs entailed;
- the scale and financial resources of the employer’s business; and
- the possibility of obtaining public funding or other assistance.
Should I tell my employer about my disability?
Telling your employer of a disability, including mental health difficulties, is a personal choice, and not required by law. However, in order for an employer to provide reasonable accommodations to a job applicant or employee with a disability they must be informed of your disability.
An employer must be able to demonstrate that they had no actual or constructive knowledge of the employee's disability (such as signs, symptoms, indications) in order to demonstrate that it was not aware of the employee's disability.
Example If there were clear indications that an employee was suffering from depression.
What about dress codes at work?
Dress codes and disability discrimination
Employers must avoid unlawful discrimination in any dress code policy. Where an employer prescribes a dress code it may, in certain circumstances, constitute direct or indirect discrimination. This is not to say that employers cannot set mandatory dress codes in certain circumstances.
Reasonable accommodation applies to employees with disabilities in the workplace. There may be times when an employee’s disability prevents them from being able to fulfil dress code requirements. In this regard, the employer is under an obligation to provide reasonable accommodation to the individual to ensure their effective participation in the workplace.
What's covered?
The Employment Equality Acts 1998–2015:
- promote equality;
- prohibit discrimination (with some exemptions) across nine specified grounds (Age, Civil Status, Disability, Family Status, Gender, Membership of the Traveller Community, Race, Religion, Sexual Orientation);
- prohibit sexual harassment and harassment across nine grounds;
- prohibit victimisation;
- require reasonable accommodation for people with disabilities in relation to access, participation and training in employment;
- allow positive action measures to ensure full equality in practice across all nine specified grounds.
The Employment Equality Acts also implement the following EU Directives – The Framework Directive, the Gender Recast Directive, and the Race Directive.
How do I know if I’m being unfavourably treated?
Different types of discrimination are prohibited under the Employment Equality Acts. These include:
Direct discrimination
This is defined as the treatment of a person in a less favourable way than another person who is in a comparable situation, because they differ on any of the nine grounds described above.
This is a difference which:
- exists;
- existed but no longer exists;
- may exist in the future; or
- is imputed to the person concerned (this occurs where a person is labelled as differing under the specified grounds even though this is not the case).
Discrimination by association
This occurs when a person who associates with another person is treated less favourably because that other person differs under any of the nine grounds.
Indirect discrimination
This happens where an apparently neutral provision, criterion or practice which appears unproblematic at first sight, puts a person differing under any of the nine grounds at a particular disadvantage, compared with another person.
This provision, criterion or practice will not amount to discrimination where the employer can show:
- that the provision, criterion or practice is objectively justified by a legitimate aim; and
- that the means of achieving that aim are appropriate; and
- that the means of achieving that aim are necessary.
Instructing discrimination
This occurs when someone gives an order or instructs another person who is in some way dependent, such as an employee, to discriminate against another person.
What positive actions can my employer take for equality?
Positive action
In addition to prohibiting discrimination, the Employment Equality Acts also aim to ensure full equality in practice through positive actions (i.e. more favourable treatment to persons who have a characteristic protected under any of the grounds).
In practice, this means that employers can adopt and maintain specific policies and practices to prevent or compensate for disadvantages linked to any of the grounds.
This might include, for example, providing flexible working hours, e-working, or offering work internships and/or training programmes, or other work benefits that attach to any of the nine grounds.
Vicarious liability
Employers are liable for any acts of discrimination by an employee, or third parties (such as service users, contractors and other business contacts) in the course of his or her employment.
However, it is a defence if the employer can prove that he or she took reasonably practicable steps to prevent the discrimination.
What can I do if I am being harassed or sexually harassed?
Harassment and sexual harassment
Sexual harassment and harassment of an employee (including agency workers or trainees) is prohibited in the
workplace or in the course of employment by:
- another employee;
- the employer;
- clients, customers or other business contacts of an employer. These include any other person with
whom the employer might reasonably expect the victim to come into contact and the circumstances
of the harassment as such that the employer ought reasonably to have taken steps to control it.
The Employment Equality Acts prohibit the victim from being treated differently by reason of rejecting or accepting the harassment (or where it could reasonably be anticipated that he or she would be so treated).
What is harassment and sexual harassment?
Harassment is any form of unwanted verbal, nonverbal or physical conduct related to any of the nine grounds.
Sexual harassment is any form of unwanted verbal, nonverbal or physical conduct of a sexual nature.
In both cases, it is conduct which has the purpose or effect of violating a person’s dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for the person.
In both cases, the unwanted conduct may include acts, requests, spoken words, gestures or the production, display or circulation of written words, emails and text messages, pictures or other material.
Sexual harassment or harassment of an employee by another employee, employer, client, customer or other business contact, is discrimination by the employer.
It is a defence for an employer to prove that the employer took reasonably practicable steps to prevent the person harassing or sexually harassing the victim.
What if my employer retaliates against me for complaining?
Victimisation
It is unlawful for an employer to penalise an employee for making a complaint under either the Employment Equality Acts 1998–2015 or the Equal Status Acts 2000–2018.
Victimisation occurs where the dismissal or other adverse treatment of an employee is a reaction by the employer to:
- a complaint of discrimination made by the employee to the employer;
- any proceedings by a complainant;
- an employee having represented or otherwise supported a complainant;
- the work of an employee having been compared with that of another employee, for any of the purposes of these Acts, or any enactment repealed by these Acts;
- an employee having been witness in any proceedings under these Acts or any such repealed enactment;
- an employee having opposed by lawful means an act which is unlawful under these Acts or any such
repealed enactment; or - an employee having given notice or an intention to take any of the actions mentioned in 1 to 6 above.
What's not covered?
The prohibition on discrimination is subject to a number of general and grounds-based exemptions.
These are the most common exemptions and not an exhaustive list of exemptions provided for under the Employment Equality Acts.
Exemptions to the disability ground
Reasonable accommodation and disproportionate burden on the employer
An employer is obliged to provide reasonable accommodation to enable a person who has a disability unless the accommodation would impose a disproportionate burden on the employer.
In determining whether measures would impose a disproportionate burden, account is taken of:
- the financial and other costs entailed;
- the scale and financial resources of the employer’s business; and
- the possibility of obtaining public funding or other
The employer is not obliged to provide any treatment, facility or thing that you might ordinarily or reasonably provide for yourself.
Equal pay and disability
There is an exemption in relation to the provision of a particular rate of remuneration for work of a particular description where, due to disability, the amount of work done during a particular period is less than the amount of similar work done or which could reasonably be expected to be done over that period, by an employee without a disability.
Occupational requirement exemption
The Employment Equality Acts allow for difference in treatment which is based on a characteristic related to one of the nine grounds, if the employer can demonstrate that:
- the characteristic constitutes a genuine and determining occupational requirement; and
- the objective is legitimate; and
- the requirement is proportionate.
Exemptions for specific jobs
The Defence Forces
Under the Employment Equality Acts, the Defence Forces are allowed to treat employees differently on grounds of disability.
Employment in another person’s home for the provision of personal services
There is an exemption in relation to access to such employment. However, this exemption does not extend to other areas such as conditions of employment; etc.
Officers or servants of the State
It is not discrimination under the Employment Equality Acts for civil service employers, including An Garda Síochána, the Defence Forces and the civil service more generally to require employees to fulfil any or all of the following requirements – residence, citizenship and proficiency in the Irish language.
Teachers in primary and post primary schools
The application of any provision in relation to proficiency in the Irish language is allowed.
Exemptions in relation to all types of employment
Capacity and competence
An employer is not required to employ someone who will not undertake the duties or is not fully competent or capable of doing the job. However, a person with a disability is fully competent and capable of undertaking any duties, if the person would be so fully competent and capable on reasonable accommodation being provided by the employer.
Educational, technical or professional qualifications
The Employment Equality Acts allow requirements in relation to the holding of specified educational, technical or professional qualifications which are generally accepted qualifications for the post in question.
Benefits in respect of an employee’s family
The Employment Equality Acts allow employers to provide certain benefits in respect of employee’s families and family events and in relation to the provision of childcare or other care provision.
Case Studies
Getting a job with a medical condition
| Case | A Prospective Employee v. A Recruitment Agency |
|---|---|
| Topic | The offer of employment to a man living with HIV was withdrawn because of his medical condition. |
| Outcome | Resolved through mediation. |
| Law | EEA |
| Year | 2019 |
Equal pay and disability
| Case | An Employee v. An Employer |
|---|---|
| Topic | An employee with a disability complained about his employer’s failure to make reasonable accommodation and to provide equal pay. |
| Outcome | Resolved through mediation. |
| Law | EEA |
| Year | 2019 |
Vocational training with a disability
| Case | An Applicant to a Vocational Training Course v. A Vocational Training Provider |
|---|---|
| Topic | A man with a visual disability was refused a place on a vocational training course. This refusal was on the basis that he would be using his own safety equipment, which he had modified to accommodate his disability. |
| Outcome | Resolved in advance of WRC hearing. The training provider agreed to pay compensation to the applicant, provide anti-discrimination training to its staff, review its equality policies, and keep them updated. |
| Law | EEA |
| Year | 22019 |
Refused by a recruitment service due to disability
| Case | A Prospective Employee v. a Recruitment service |
|---|---|
| Topic | The complainant, a newly qualified man in his early thirties who is Deaf, alleged discrimination on the disability ground. His interview offer with a recruitment service was withdrawn after he made basic reasonable accommodation requests. |
| Outcome | The complaint was resolved by mediation – the terms of the mediation settlement included a written apology, and a payment of €2,500 by the recruitment service. In addition, the recruitment service agreed to develop an Equality and Reasonable Accommodation Policy and to provide training to staff on the same policy, once completed. The recruitment service further committed to providing staff with Deaf Awareness Training. |
| Law | EEA |
| Year | 2018 |
Exploitation and disrimination of an EU worker
| Case | A former employee v An employer |
|---|---|
| Topic | The Commission provided legal assistance (including legal representation before the WRC) to an EU national who was subject to severe labour exploitation at a family-run bed and breakfast. This included claims for non-payment of wages, holidays, rest breaks and overtime, as well as alleged discrimination on grounds of race, disability, gender and civil status. |
| Outcome | The matter was listed for hearing before the WRC in September 2016 – however the case settled. The terms of the settlement were as follows: the former employee received €20,000 from the employer as well as an acknowledgment that the employer would respect their obligations under employment legislation going forward. The employer further agreed to provide a good reference and not to say or write anything negative about their former employee. Separately, the employer was also convicted of offences of failure to keep properrecords, and producing false and misleading records under the Organisation of Working Time Act 1997 and not paying the minimum wage under the National Minimum Wage Act 2000. |
| Law | EEA |
| Year | 2016 |
Search database for more case studies
What's next?
Make a complaint to the Workplace Relations Commission
The Workplace Relations Commission (WRC) is the main body that hears complaints and decides on compensation for discrimination under Ireland’s equality laws. There is no fee to bring a case to the WRC and complaints can be made online.
Learn more about the WRC process.
Contact us
We, the Irish Human Rights and Equality Commission, have a special role to fight discrimination and promote equality and human rights in Ireland. We can provide you with information about your rights and in some limited cases we provide legal assistance. Please note however that we are not a court and we do not decide on discrimination claims.
Learn more about how to contact us.
Contact another organisation
You may find that another organisation could better help you with your issue.
Browse the database of organisations working on human rights and equality issues in Ireland.
Contact another organisation
You may find that another organisation could better help you with your issue.
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Employment rights / Equal treatment in services
Workplace Relations Commission
Information and Customer Services (ICS), formerly known as Workplace Relations Customer Services, is responsible for the provision of information relating to employment rights, equality and industrial relations matters by means of a telephone call-in service manned by experienced Information OfficersInformation and Customer Services
Workplace Relations Commission
O’Brien Road
Carlow
R93 E920
Phone: 059 9178990 | Lo-call: 1890 80 80 90 * (09.30 - 17.00, Monday to Friday)
Web: https://www.workplacerelations.ie/en/contact_us/contact-details/
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Employment law clinic
Community Law and Mediation Centre and Arthur Cox
The Community Law and Mediation Centre and Arthur Cox staff an employment law clinic at the Citizens Information Centre on O’Connell Street once a month from 9:30 - 1pm.Citizens Information Centre on O’Connell StreetPhone: 01 847 7804 or 061 536 100
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Disability rights
National Disability Authority
The National Disability Authority (NDA) is the independent statutory body that provides information and advice to the Government on policy and practice relevant to the lives of persons with disabilities.25 Clyde Rd
Ballsbridge
Dublin, D04 E409 -
Employment of people with disabilities
Employer Disability Information
The purpose of the Employer Disability Information service is to provide employers with an expert peer source of advice and information on employing staff with disabilities. The service is managed by a consortium of employer organisations - Chambers Ireland, IBEC and ISME and is funded through the NDA, as part of the comprehensive employment strategy for people with disabilities For more information, you may wish to visit the Employer Disability Information website. The website outlines the range of supports, schemes and guidelines available for employers when recruiting or retaining employees who have a disability.Employer Disability Information
17 Kildare Street,
Dublin,
IrelandEmail: info@employerdisabilityinfo.ie
Phone: +353 1 676 2014
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Disability rights
Disability Federation of Ireland
DFI's vision is an Ireland where people with disabilities and disabling conditions are fully included and enabled to reach their full potential.Fumbally Court
Fumbally Ln
The Liberties
Dublin 8Phone: (01) 454 7978
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Rights of people with disabilities
National Advocacy Service for People with Disabilities
The National Advocacy Service (NAS) provides an independent, confidential and free, representative advocacy service. NAS has a particular remit for people with disabilities who are isolated from their community and services, have communication differences, are inappropriately accommodated, live in residential services, attend day services and have limited informal or natural supports. For more information, you can access the NAS website at the following link: National Advocacy Service for People with DisabilitiesNational Advocacy Service for People with Disabilities
National Office,
C/O Citizens Information Board
George's Quay House
43 Townsend Street
Dublin 2
D02 VK65Email: info@advocacy.ie
Phone: 0761 07 3000
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Intellectual disability
Inclusion Ireland
Inclusion Ireland champions the rights of people with an intellectual disability in Ireland through securing the full implementation of the United Nations Convention on the Rights of People with Disabilities (UNCRPD).Inclusion Ireland
Unit C2, The Steelworks,
Foley Street,
Dublin 1 -
Independent living for people with disabilities
Independent Living Movement
Independent Living Movement aims to ensure that disabled people achieve Independent Living Choice and control over their lives and full Participation in society as equal citizens.Independent Living Movement,
Carmichael House, Brunswick St N,
Dublin 7 -
Older people
Age Action Ireland
Age Action supports and advocates for equality and human rights for older people in Ireland.Age Action Ireland
10 Gratton Crescent
Dublin 8
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Workplace bullying
Health and Safety Authority
The Employment Equality Acts do not extend to generalised bullying or harassment which is not linked to the discriminatory ground. For further information on bullying or harassment not connected to the nine grounds you should contact the Health and Safety Authority (HSA). The HSA provides information and advice on bullying in the workplace. The HSA makes sure that the system of work is not one where bullying is facilitated or tolerated. Where bullying is identified (through a legitimate complaint) employers should have a proper system to deal with bullying complaints, and act reasonably in implementing that system. The HSA can assess this system and make recommendations, and where required, use powers of enforcement to ensure the system is reasonable and the management of bullying does not represent a risk to the employee’s health and/or safety.Workplace Contact Unit
Health and Safety Authority
Metropolitan Building
James Joyce Street, Dublin 1Phone: 1890 289 389
Web: http://www.hsa.ie
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Information on worker's rights
Workers’ Rights Centre
If you are concerned with your treatment in the workplace, the Workers’ Rights Centre (WRC) provides information, advice or representation in relation to a disciplinary process, workplace legislation, bullying, maternity rights or any other individual dispute with your employer.Workers’ Rights Centre
33 Eden Quay, Dublin 1
WRC Contact:
Lo-call: 1890 747 881 -
Labour unions
Join a union
You may wish to note that all workers have the right to join a union if they so choose. The following website may of assistance to you in this regard: https://www.unionconnect.ie/joinaunion/ -
Personal injury compensation
Personal Injuries Assessment Board
The Personal Injuries Assessment Board (PIAB) is Ireland’s independent state body which assesses personal injury compensation. The Personal Injuries Assessment Board aim is to facilitate a fair and transparent personal injuries assessment process in which claims are resolved at a low delivery cost and in a timely and non-adversarial manner and to engage with all parties and stakeholders in the claims resolution process in a straight-forward and efficient way.Personal Injuries Assessment Board
PO Box 8
Clonakilty
C. Cork P85 YH98
Fax: 1890 829 122Email: enquiries@injuriesboard.ie
Phone: 1890 829 121
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Legal advice
Free Legal Advice Centres
The Free Legal Advice Centre (FLAC) provide confidential, basic legal advice for free and in person across all areas of law. FLAC offers a network of advice clinics around Ireland and you may be able to identify the most suitable one at the following link: Legal Advice Clinic.Free Legal Advice Centres,
13 Lower Dorset Street,
Dublin 1,
Ireland
Phone: Lo-Call: 1890 350 250
Web: https://www.flac.ie/
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Legal aid
The Legal Aid Board
The Legal Aid Board is the statutory, independent body responsible for the provision of civil legal aid and advice to persons of modest means. Legal advice is any oral or written advice given by a solicitor or barrister, including writing letters and negotiations. Legal aid is representation by a solicitor or barrister in court proceedings. The Legal Aid Board has a number of centers across the country, and the best way to find the one most convenient to you is to contact the Legal Aid Board directly. -
Citizen's Information Centres
Citizen's Information
Citizens Information Centres (CICs) provide free, impartial information, advice and advocacy from more than 215 locations around the country.Find a Citizens Information Centre
https://centres.citizensinformation.ie/Phone: 0761 07 4000
Browse the database of organisations working on human rights and equality issues in Ireland.