Employment Equality Cases

1. Introduction Section 26 of the Maternity Protection Act 1994 provides that an employee returning to work from maternity leave is entitled to return to the job which she held immediately before the start of the period of absence. The provision is a substantive right that gives effect to the protective purpose of the maternity

1. Introduction Section 23 of the Maternity Protection Act 1994 provides for the suspension of dismissal during the protective period. The provision creates a near-absolute prohibition on dismissal during maternity leave and connected absences, with limited exceptions. This article addresses the Section 23 protection, the scope of the protective period, the limited exceptions, and the

1. Introduction Victimisation under Section 74 of the Employment Equality Acts 1998 to 2021 protects employees from adverse treatment in retaliation for engaging in protected acts — typically the making or supporting of an equality complaint. Victimisation is a standalone form of discrimination and can ground a complaint even where the underlying equality complaint did

1. Introduction Section 82 of the Employment Equality Acts 1998 to 2015 sets out the compensation and other forms of redress that the WRC may order where a complaint is upheld. Compensation in employment cases is generally capped at two years’ remuneration, with a fixed minimum and maximum for non-employee complainants. This article considers the

1. Introduction The comparator is central to most direct discrimination complaints under the Employment Equality Acts 1998 to 2015. A complainant must generally show that they were treated less favourably than a person of a different gender, age, race, religion or other relevant ground, in circumstances that are not materially different. This article considers the

1. Introduction Section 85A of the Employment Equality Acts 1998 to 2015 establishes a shifting burden of proof in discrimination complaints. The complainant must first establish a prima facie case of discrimination, after which the burden shifts to the respondent to rebut the inference. The leading authority on the application of Section 85A is the

1. Introduction The sexual orientation ground under Section 6(2)(d) of the Employment Equality Acts 1998 to 2015 protects employees from discrimination by reason of their heterosexual, homosexual or bisexual orientation. This article considers the scope of the protection, the limited statutory exceptions, and the practical issues that arise in relation to dress codes, conduct policies

1. Introduction Sexual harassment in the workplace is treated as a form of discrimination on grounds of gender under Section 14A of the Employment Equality Acts 1998 to 2015. The Act imposes a statutory duty on employers to take reasonably practicable steps to prevent sexual harassment and to remedy it when it occurs. This article

1. Introduction Religious discrimination claims under Section 6(2)(e) of the Employment Equality Acts 1998 to 2021 raise issues including dress code requirements, religious holidays, prayer times, dietary requirements, and the interaction between religious belief and other equality grounds. This article sets out the framework for religion discrimination claims, the interaction with the Section 37 religious

1. Introduction Reasonable accommodation is the cornerstone protection for employees with disabilities under the Employment Equality Acts 1998 to 2015. Section 16 of the Acts requires employers to take “appropriate measures” to enable a person with a disability to access, participate and advance in employment, unless those measures would impose a disproportionate burden on the