Discrimination Solicitor

Discrimination Claims under Irish Employment Law

What is 'discrimination' under Irish employment law?

The Employment Equality Acts prohibit direct and indirect pay discrimination on the grounds of:

•  gender;
• marital status;
• family status;
• sexual orientation;
• religion;
• age;
• disability;
• race; and 
• membership of the Traveller community.

What is an example of discrimination under Irish employment law?

Section 6(1) of the Employment Equality Acts provides that discrimination shall be taken to occur, where on any of the discriminatory grounds, one person is treated less favourably than another is, has been or would be treated. 

How can I prove direct discrimination under Irish employment law?

Intention is often irrelevant, once the effect of directly discriminatory treatment is unfavourable. Thus even non discriminatory reasons for unfavourable treatment could constitute direct discrimination. 

As with all claims of discrimination, once the Claimant has established prima facia evidence of discrimination on the grounds of race, the burden of proof shifts to the employer.

How can I prove indirect discrimination under Irish employment law?

The Labour Court has held consistently that the facts from which the occurrence of discrimination may be inferred must be of “sufficient significance” before a prima facie case is established and the burden of proof shifts to the respondent. The inference of discrimination must have a factual/credible basis and cannot be based on mere speculation or assertions which are unsupported by evidence.

Can harassment also be discrimination?

Harassment, apart from sexual harassment, is defined as any unwanted conduct related to any of the protected grounds (including race) and “being conduct which in either case has the purpose or effect of violating a person's dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for the person." 

What is the burden of proof in discrimination claims?

The Employment Equality Act shifts the burden of proof to the employer where facts are established by a complainant "from which it may be presumed that there has been discrimination in relation to him or her". This is particularly significant for victims of discrimination on grounds of race, many of whom may find it difficult to establish overt evidence of such discrimination.

How do I bring a claim for discrimination in the workplace?

It is always recommended that employers be afforded an opportunity to address any workplace concerns, complaints or grievances, in the first instance. If an employee does not achieve an adequate response, they may bring a claim to the Workplace Relations Commission, where the matter may be adjudicated. 

Do I need a solicitor to bring a discrimination claim?

By engaging an employment solicitor to assist with a workplace dispute, an employer or employee can rest assured that they are fully briefed on the options available. Crushell & Co have a track record of achieving successful outcomes for clients through both formal and informal processes.