Equal Treatment

The Employment Equality Acts prohibit discrimination on the grounds of:

  • Gender (including pregnancy) – to establish discrimination on gender grounds, an employee must show both less favourable treatment and that such treatment arises from the sex of the complainant. The gender ground is treated differently to the other eight grounds. There is no cap on the monies that may be awarded by way of compensation.
  • Civil (formerly marital) status
  • Family status
  • Sexual orientation
  • Religion
  • Age
  • Disability – the protections do not apply on the disability ground where the employee is not willing or can no longer be capable of doing the job he was originally hired to do. However, if the employee could be capable of doing the job he was hired to do with reasonable accommodation by the employer, then the employee may be entitled to keep his job provided the reasonable accommodation is not disproportionate.
  • Race/colour/nationality/ethnic or national origins
  • Member of the Travelling community

It will be up to the employee to establish discrimination and once facts are established, the onus of proof will shift to the employer to prove the contrary.

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