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Gender Discrimination in the Workplace
Coleman Legal LLP
November 12, 2014
The Employment Equality Acts 1998 to 2011 (“The Acts”) prohibit g discrimination in a wide range of employment areas including most particularly recruitment and promotion; equal pay; working conditions; training or experience; dismissal and harassment including sexual harassment. The Acts also apply to employers, providers of vocational training, employment agencies and employment advertisers. The Acts […]

The Employment Equality Acts 1998 to 2011 (“The Acts”) prohibit g discrimination in a wide range of employment areas including most particularly recruitment and promotion; equal pay; working conditions; training or experience; dismissal and harassment including sexual harassment. The Acts also apply to employers, providers of vocational training, employment agencies and employment advertisers.

The Acts define discrimination as treating one person in a less favourable manner than another person based on any of the following 9 grounds:

  • Gender
  • Civil status
  • Family status
  • Sexual orientation
  • Religion
  • Age
  • Disability
  • Race
  • Membership of the Traveller community.

There are also two types of discrimination, namely direct and indirect.

To prove direct discrimination, a direct comparison must be made and in the case of gender discrimination, the comparison must be mad, for example, between a male and another person who is not male.

Indirect discrimination can occur in the workplace when the employer applies a condition to everyone in the place of employment but it is a condition that fewer people of one gender than another is able to conform with. It can also happen where a requirement that may appear non-discriminatory adversely affects a particular class of persons.

The employer must be able to objectively justify that a particular condition is for a legitimate aim and that the means of achieving that aim are appropriate and necessary in order to dispute the indirect discrimination claim.

If an employee feels they have been discriminated against on grounds of gender, they can make a complaint to the Equality Tribunal who will investigate and they can also mediate on such claims under the Acts. A Tribunal mediator will assist parties to reach a mediated agreement which is legally binding. If the parties concerned object to mediation, the case will be heard by a Tribunal Equality Officer, who will hear evidence from both parties and they will issue a legally binding Decision.


For more information about Gender Discrimination in the workplace please contact us at [email protected] or on 01-5313800.

 

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Personal trainer at Mullingar gym convicted of sexual assault

Personal trainer at Mullingar gym convicted of sexual assault

Shane Flynn, 35, owner of a Mullingar clinic, was convicted of sexual assault after inappropriately touching a client seeking back pain relief. The investigation also revealed 18 hours of footage showing Flynn secretly filming 35 women during massages, raising further concerns about his conduct and abuse of trust within his practice.

Clodagh Magennis

Clodagh Magennis

Head of Client Services

F: 1800-844-104
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At Coleman Legal, excellence in customer care is paramount. We aim to meet both prospective and existing clients’ needs professionally and in a friendly manner with a clear objective of giving quality legal advice and reaching a positive outcome.

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