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The Employment Equality Act, 1998 (Ireland) Essay Sample

The following essay sample will focus upon the Employment Equality Act, 1998 of Ireland which covers the discrimination faced by the employees at the workplace on several grounds. The Equality legislation of Ireland covers the three Acts of Employment Equality Act 1998, the Equal Status Act 2000 and Equality Act 2004.

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The Employment Equality Act 1998 – 2015 covers discrimination in a wide range of employment and employment-related areas. It includes the recruitment and promotion, equal pay at work, working conditions and health safety at work, training or experience, dismissal and the harassment including sexual harassment.

Employment equality legislation defines discrimination as treating one person in a less favourable manner than the other person based upon the nine grounds of discrimination and they are:-

Gender, Civil status, Family Status, Sexual orientation, Religion, Age, Disability, Race, Membership of Traveller Community.

Aims of The Employment Equality Act 1998 (Ireland) 

Employment Equality Act 1998 aims certain equality principles at the workplace and they are:-

  • This Act would promote equality and ban discrimination across the nine grounds mentioned above in this sample.
  • Ban sexual and other forms of harassment and bullying at the workplace.
  • Ban of victimisation.
  • To make sure suitable facilities for people with disabilities are available in relation to access to employment, advancing in the employment and taking part in the training.
  • It allows positive action to ensure everyone gets full equality across the 9 grounds of discrimination.

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Specific Situations that are covered by The Employment Equality Act, 1998 (Ireland) 

The situations in which The Employment Equality Act, 1998 could be imposed are very specific. They are:-

  • Disability – The Employers are obliged to make reasonable accommodations for staffs with disabilities. This includes providing access to employment, enabling people with disabilities to participate in employment including promotion and training.
  • Pregnancy – Discrimination related to pregnancy on the ground of gender can include recruitment, promotion and the general conditions of the employment. Women who have recently given birth or is pregnant also protected under maternity protection and unfair dismissals legislation.
  • Equal Pay – Employment Equality legislation provides for equal pay for equal delivery of work. Equal work is defined as work of equal value. It is one of the terms that must be part of the contract of employment as a result of laws passed by the Dail.
  • Sexual harassment – It is a form of harassment at a sexual level that includes unwanted verbal, non-verbal or physical conduct of a sexual nature, 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.
  • Victimisation – Under the Employment Equality legislation you are protected against the victimisation. If you bring a claim or is involved in a complaint of unlawful discrimination against your employer. This means that your employer may penalise you by dismissal, unfair treatment or an unfavourable change in the conditions of employment.

People protected under the Employment Equality Act 1998

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The people protected under the Employment Equality Act 1998 are:-

  • Full time, part-time and temporary employees.
  • public and private sector employment.
  • Vocational training bodies.
  • Employment agencies.
  • Trade Unions, professional and trade bodies.

The Act also extends in certain circumstances to self-employed people, partners in partnerships, state and local authority officeholders.

Discrimination at the workplace under The Employment Equality Act 1998 (Ireland) 

Discrimination specific meaning inequality at the workplace under the Employment Equality Act, 1998 focus on whether a person has been treated less favourably than the other at the workplace. It includes discrimination on any of the nine grounds including disability.

Discrimination can be direct or indirect. Direct discrimination is often more obvious and direct.

Example of direct discrimination

An order given by a manger to a worker to discriminate against another worker.

Indirect discrimination can happen when organizational policies and practices have negative consequences for some people. It happens where a worker or group of workers or job applicants are treated less favourably as a result of requirements that they might find it hard to satisfy.

Example of indirect discrimination

If a job advertisement states that applicants have to be of a certain height, this may put women at a particular disadvantage.

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The requirement needs to be justified. Acts require the employer to prove that requirements are also necessary for the job in question in order to not to be discriminatory.

Discrimination by association happens when a person is treated less favourable simply because they are associated with connections to another person who comes under nine grounds of the discrimination.

Example of the Association discrimination

If someone is being harrased at work because one of their family members is gay, they are discriminated simply because they’re related to a gay person.

Discrimination by imputation happens when a person is treated less favourable as they’re labelled as belonging to one of the nine grounds of discrimination.

Example of discrimination by imputation

If it is incorrectly assumed that a worker is a member of the Traveller community and is treated less favoured on this basis.

Vicarious Liability

Vicarious Liability means when someone is legally responsible for someone else’s actions. Employers are liable for any act of disability by an employee in the course of their employment unless the employer can prove that they took reasonable steps to prevent discrimination. An employer has a duty under the Employment Equality Act 1998 to protect their employees in relation to harassment coming from 3rd parties such as service users, contractors and suppliers.

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Positive Action

It means that the employer can take steps to promote equality for all the workers. Positive action measure in relation to gender ground, old staff, people with disability, members of Traveller community. They can also provide a childcare facility on the premises so that young family have the same opportunity of employment as someone without children.

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Above essay is written with the purpose of targeting the Law students specifically. This sample can also be referred by the Childcare, well being, Healthcare and safety students to write on various aspects of this topic.

Employment Equality Act 1998 can be read along with the Equality Act 2004, the Equal Status Act 2000 and Disability Act 2005. All these Acts focuses upon the principles of equality law, relevant legislation in relation to disability, equality and diversity guidelines etc..

Students who face difficulty in research work, language problem and writing skills demonstration could take our assignment help online, custom essay writing services and could hire private academic writers. Our expert writers could help you in completing assignments before the deadline given by your professor in college.

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