The Equality Authority is an independent Statutory body set up under the Employment Equality Act, 1998. It was established on 18th October, 1999. The Equality Authority replaced the Employment Equality Agency and has greatly expanded its roles and functions.
The Equality Authority has four main functions set out under the legislations and which are as follows:
The Employment Equality Act, 1977 and the Anti-Discrimination (Pay) Act, 1974 prohibited discrimination on the grounds of sex and marital status. Discrimination both under the Employment Equality Act, 1998 and the Equal Status Act, 2000 is now prohibited (with some exceptions) on the grounds of gender, marital status, family status, disability, sexual orientation, race, religion, age and membership of the Traveller community.
The Employment Equality Act, 1998 covers employees in both the public and private sectors as well as applicants for employment and training. The Equal Status Act, 2000 applies equality law for the first time outside the area of employment and into the general area of services. Although, vocational training had previously been covered, educational establishments including higher education institutions such as colleges and universities are now specifically covered. These vital pieces of legislation mean that the Equality Authority has a broad platform from which to both promote equality and to combat discrimination.
The Equality Authority works to achieve its goals through its Legal Service, its Development Section and its Communication Unit.
The Authority's in-house Legal Service provides information on the workings of both pieces of Equality legislation as well as providing information on the Parental Leave Act, 1998, the Maternity Protection Act, 1994 and the Adoptive Leave Act, 1995. In its first year and prior to the enactment of the Equal Status Act, the Equality Authority dealt with approximately 8,000 queries from members of the public, employers, employees, trade unions and the legal profession.
Interestingly, statistics on the Employment Equality Act show that gender is the ground that has continued to raise the largest number of queries. While the types of queries on the gender ground are very varied, the number of queries involving pregnancy discrimination continues to be very significant. Other very frequent issues arising under the gender ground relate to equal pay, access to and promotion within employment and also sexual harassment. It is clear that of the new grounds the disability ground has given rise to a significantly larger number of queries than any other ground. The queries vary greatly but there has been a significant number of queries involving access to employment, access to promotion and harassment. A large number of queries have also been received on the grounds of Age and Race with access to employment and promotion being the dominant issues for age and access to employment and harassment being significant on the ground of Race. Access to promotion is also a very significant issue in the case of age. Harassment is also the dominant issue in the emerging Sexual Orientation ground. Queries have been received on each of the 9 grounds.
Although the Equal Status Act, 2000 has only come into force since 25th October, 2000, the Authority received over 1,400 queries in the first 2 months. Of these queries the largest number of queries deal with the membership of the Traveller community. Travellers experiencing problems in Public Houses has been particularly significant. However, Travellers have also raised concerns regarding accommodation and the provision of other services. The second largest number of queries have been received on the Age ground with access to insurance and access to pubs and night clubs being the dominant issues. Access to accommodation and to services such as pubs and night clubs have been the dominant issues in relation to the ground of Race. A large and varied number of queries have also been received on the disability ground including access to transport, pubs, hotels and night clubs and access to public toilets.
In many instances queries and complaints are resolved at an early stage without the necessary involvement of the legal process. However, a number of cases also proceed for investigation either through the Office of the Director of Equality Investigations, the Labour Court in the case of dismissals or the Circuit Court as an option in gender employment cases. Under the Equal Status Act people who believe they have been discriminated against by a registered club can apply to the District Court for a declaration that the club is a discriminatory club. All other cases of alleged discrimination in relation to goods and services, educational establishments and accommodation are investigated by the Director's Office. If a person wishes to pursue a complaint of discrimination under the Employment Equality Act (s)he must ensure that a claim is lodged with the Director's Office, Labour Court or Circuit Court within 6 months from the most recent Act of discrimination. In exceptional circumstances this may be extended for up to a further six months. The Authority advises people to seek information and advice at as early a stage as possible rather than running into possible time limit problems.
There are additional and more onerous time limits to be complied with under the Equal Status Act. The six and 12 months time limits for lodging the case with the Director's Office is the same. However, in addition, the claimant must notify the respondent in writing within two months of the date of the incident. In exceptional circumstances the two month limit may be extended to four months. The notification sent to the respondent must contain details of the discrimination and must state the claimant's intention to refer the case to the Director's Office if dissatisfied with the response. Because of strict time limits and onerous requirements it is strongly advisable to contact the Equality Authority to seek information, advice and practical assistance in completely the notification form (form ODEI 5) immediately after the alleged discrimination has occurred.
The Equality Authority is given power under the Employment Equality Act, 1998 to grant assistance at its discretion to complainants who wish to pursue their case either under the Employment Equality Act, 1998 or the Equal Status Act, 2000. Such assistance may be in the form of providing legal representation. However, assistance may only be granted where the Authority is satisfied that the case raises an important matter of principle or where it appears unreasonable to expect the claimant to present the case without assistance.
It is important to note that the Equality Authority can also refer a case directly where it appears that discrimination or victimisation is being generally applied against persons or in the case of discriminatory advertising. Both instances are currently a focus for the Equality Authority. Under the Employment Equality Act, 1998 the Director's Office has recently made its first decision in the Equality Authority -v- Ryan Air on the issue of age advertising. The Equality Officer found that use of the word "young" by Ryan Air in a recruitment advertisement was discriminatory under the Age ground and the company was ordered to pay £8,000.
As already stated educational establishments are now covered by the Equal Status Act and include specifically "an institution providing adult, continuing or further education, or a university or any other third level or higher-level institution, whether or not supported by public funds. Higher education institutions are now prohibited from discriminating against students or prospective students in relation to their admission, access to and conditions of the establishment including sanctions. There are a number of specific exemptions set out under the Equal Status Act. However, it is important to note that the prohibition of discrimination is the general rule and that the exemptions are likely to be narrowly construed. It is also important to note that while the Employment Equality Act covers vocational training rather than specifically third level institutions, provisions in the Act indicate its scope extends beyond the narrower interpretation of vocational training. Primary school teachers are specifically referred to and the exception relating to the allocation of places, fees for admission and sponsorships, scholarships and bursaries would appear to place a wide interpretation on vocational training and training bodies. While it is a matter for case law to provide us with a clear interpretation it would appear to be advisable for higher education establishments to have regard in its rules, policies and practices to both pieces of Equality Legislation.
The Equality Authority is committed to a dual role of enforcement and development. The Equality Legislation gives the Equality Authority powers to promote the development of a proactive, equality conscious approach to equal opportunities in the workplace and in the provision of goods and services, educational establishments, accommodation and clubs. In this regard the Development Section is working to promote equality of opportunity through the development of Equality Reviews and Action Plans. A template has been prepared by the Equality Authority on how to proceed with Equality Reviews and Actions Plans and the Authority is anxious to assist organisations to apply this template to their own situation. However, it is important to note that the power to conduct Equality Reviews and Action Plans can also be used as an enforcement tool. The Equality Authority can also conduct inquiries and in this regard has the power to gather information and to make recommendations.
Codes of Practice are an important developmental tool. Approved Codes of Practice shall be admissible in evidence in legal proceedings. Work is presently underway on Codes of Practice on Harassment and Sexual Harassment, Access to Public Houses, Restaurants and Hotels and also in relation to Golf Clubs. The Equality Authority is also very committed to a developmental role which includes contributing to policy formulation.
The Equality Authority's Communication Unit holds a central role in promoting Equality. A communications strategy has been developed which aims to ensure that the public are informed of their rights established under the Equality Legislation and on the work and services provided by the Equality Authority. The Communications Unit is working to achieve this goal through publications, conferences and workshops. Central to this communication strategy is a regional approach that ensures a Dublin based institution is accessible across the country. This incorporates developing relationships with Community Information Centres in the form of partnerships. With the assistance of the Citizen's Information Centre located at 80 South Mall Cork, the Equality Authority provides a monthly clinic on the last Wednesday of every month. The centre also aids the Authority's work by making Equality Authority materials available to the public. The second regional Equality Authority Clinic will hopefully be established in Sligo in February or March of this year in partnership with Sligo Citizen's Information Centre.
I hope this paper has given a general over view of the role and functions of the Equality Authority and how it is working to achieve promotion and combat discrimination. If further specific information is required in relation to specific pieces of legislation, projects and research undertaken by the Authority and Equality Authority Publications please contact us at 01-4173333, Lo-call: 1890-245545 or e-mail: info@Equality.ie or avail of our web site at www.equality.ie. The Equality Authority clinic held in the C.I.C. At 80 South Mall, Cork on the last Wednesday of every month is open to all members of the public. A second monthly clinic will be set up in Sligo within the two months in partnership with the Sligo Citizen's Information Centre.
Carol Ann Edwards, Equality Authority
Table of Contents of Newsletter 10