Employment Equality Cases

1. Introduction Pregnancy-related discrimination is, in Irish and EU law, treated with particular seriousness. Pregnancy discrimination is a form of direct gender discrimination under Section 6 of the Employment Equality Acts 1998 to 2021 and engages parallel protections under the Maternity Protection Acts 1994 to 2004 and the Pregnant Workers Directive (Directive 92/85/EEC). This article

1. Introduction HIV status has been confirmed by the WRC as a disability for the purposes of the Employment Equality Acts 1998 to 2021. Claims involving HIV status raise particular issues around medical privacy, disclosure, and the interaction with workplace safety considerations. This article sets out the framework for HIV-related discrimination claims, the typical fact

1. Introduction Section 14A of the Employment Equality Acts 1998 to 2021 prohibits harassment in the workplace on any of the nine protected grounds. The section also imposes a positive obligation on employers to prevent harassment. Failure in either respect exposes the employer to liability. This article sets out the framework for harassment claims, the

1. Introduction Gender discrimination remains, decades after the introduction of equality legislation, a significant source of complaints to the WRC. Cases arise across the spectrum of employment: in recruitment, in pay, in promotion, in conditions of work, in disciplinary processes, and in dismissal. This article sets out the framework for gender discrimination claims, the operation

1. Introduction The family status ground under Section 6(2)(c) of the Employment Equality Acts 1998 to 2015 protects employees from discrimination by reason of their status as the parent of a child, the parent or resident primary carer of a person with a disability, or a similar caring responsibility. This article considers the scope of

1. Introduction Disability discrimination is one of the most frequently litigated grounds under the Employment Equality Acts 1998 to 2021. Section 2 of the 1998 Acts defines disability broadly to include physical, mental, intellectual and sensory impairments, both present and historical, including conditions in remission. This article sets out the framework for disability discrimination claims,

1. Introduction Direct discrimination is the most straightforward form of unlawful conduct under the Employment Equality Acts 1998 to 2015. It occurs where a person is treated less favourably than another person is, has been or would be treated in a comparable situation, by reason of one of the nine protected characteristics. Direct discrimination cannot,

1. Introduction Autism spectrum conditions are recognised as disabilities for the purposes of the Employment Equality Acts 1998 to 2021. The WRC has, in a series of recent decisions, considered the application of the Section 16 reasonable accommodation duty to employees with autism, particularly in relation to communication, sensory sensitivity, and structured working arrangements. This

1. Introduction Age discrimination claims under Section 6(2)(f) of the Employment Equality Acts 1998 to 2021 have become increasingly significant as the Irish workforce ages. Claims typically arise in recruitment, in promotion decisions, in compulsory retirement situations, and in selection for redundancy. This article sets out the framework for age discrimination claims, the operation of