Annual Report 2004.pdf - Equality Authority

The Equality AuthorityAnnual Report 2004

The Equality AuthorityAnnual Report 2004PRN A5/1094

ContentsFrom the Chairperson p.5The Board p.7From the Chief Executive Officer p.11Casework Report p.21Enquiries to the Public Information Centre, 2004 p.71A Thematic Approach to EqualityTheme 1Building Equality in Service Provision that Impacts on theQuality of Peoples Lives p.79Theme 2Contributing to a More Accessible Workplace and Labour Market p.88Theme 3Developing Initiatives Specific to the Disability Ground, to the Issueof Racism and to the Issues of Carers under the Family Status Ground p.98Theme 4Supporting the Development of Effective Equality Strategies atNational and Local Level p.104Theme 5Addressing the Specific Situation and Experience of those Within theNine Grounds Faced with Additional Barriers of Poverty and Exclusion p.118Theme 6Maintaining and Developing the Internal Structures and Systems ofthe Equality Authority p.119AppendicesAppendix 1. Publications of the Equality Authority p.127Appendix 2. Equality Authority Representation on Policy Committees p.136Appendix 3. Equality Authority Joint Initiatives in 2004 p.138Appendix 4. Criteria for Legal Advice and Representation p.140

From the Chairperson

From the ChairpersonMrs Karen ErwinChairpersonDuring 2004 the Equality Authoritycontinued to implement and furtherdevelop the key themes established inour Strategic Plan. The year was a time ofconsolidation, further development andthe opening up of new areas of work.Consolidation is evident in the coreservices provided by the EqualityAuthority. We report on significantsuccesses in the casework supportedby the Equality Authority. The demandson our information services continue togrow and we have been able to respondeffectively to this growth.The workplace, education provision, andhealth services have all been importantareas of work for the Equality Authority.We report on valuable furtherdevelopments in our interventions in eachof these key areas. These developmentshave been achieved in terms ofcontributing to planned and systematicapproaches to workplace equality, to thefurther emergence of inclusive schools andto enhancing equality competence inhealth service provision.The Equality Authority has a broadmandate to promote equality ofopportunity and to combat discriminationacross the nine grounds and in the broadareas covered by the equality legislation.This is a mandate that inevitably involvesthe Equality Authority in breaking newground. 2004 was no exception to this.We report on the development of a focuson equality issues for carers and fortranssexual people. New practice wasalso stimulated and supported in theequality proofing of policy making and inthe collection and analysis of equalityrelated data.The Equality Authority emerges from2004 well positioned to make an ongoingimpact on the significant challenges thatare posed by the discrimination andinequalities experienced across so manysectors in Irish society. Particularemphasis has been placed on governancewithin the Equality Authority and thedevelopment of new systems andpractices to ensure our capacity to meethigh expectations and significant demandon our services, both from peopleexperiencing discrimination across thenine grounds and from employers andservice providers seeking to build goodpractice in their areas of responsibility.Our work during 2004 has been facilitatedby the broad range of organisations thatparticipated in joint ventures with theEquality Authority and that havesupported our work. Particular gratitudein this regard is due to IBEC, Congress andcommunity sector organisationsrepresenting groups that experienceinequality. We also appreciate the ongoingEquality Authority Annual Report 2004 • 5

Diversity at School -Equality Authorityand IPA jointpublication in theEquality ResearchSeriessupport and resource allocation fromthe Department of Justice Equality andLaw Reform.The staff of the Equality Authorityhave continued to demonstrate a strongcommitment in implementing thepriorities outlined in our Strategic Plan.Their skill, professionalism and creativityhave ensured a successful year for theEquality Authority and they are to becongratulated for this.I wish to conclude by acknowledging thework, dedication and contribution of myfellow Board Members. The Board bringsa valuable range of perspectives andexpertise to bear in meeting the manychallenges in implementing the mandateof the Equality Authority.Karen ErwinChairpersonHomepage fromredesigned website,www.equality.ie

The BoardDuring the course of the year there were13 Board meetings. A joint meetingbetween the Board and the EqualityCommission for Northern Ireland washosted in Belfast in March. There werethree regional Board events during theyear in Kilkenny, Longford and Cork.Mrs Karen Erwin,ChairpersonMrs Erwin is a Solicitorand was a partner in A&LGoodbody. More recently,Mrs Erwin was a Director and GroupGeneral Counsel of The Irish Times. In2001 she was appointed by theGovernment to chair the Interim Boardof the Irish Auditing and AccountingSupervisory Authority. She is a Fellow andChairperson of the Board of Managementof St Columba's College and a Director ofthe Irish Heart Foundation. She is alsothe immediate past President of theInternational Women's Forum, Ireland.Mr Leonard Hurley,Vice ChairpersonMr Hurley is a teacher.He was Vice Chairpersonof the outgoing Board of theEquality Authority and was previouslyVice Chairperson of the EmploymentEquality Agency.Ms Joan CarmichaelICTU nominee.Ms Carmichael was AssistantGeneral Secretary of ICTU.(To July 16th).Mr Tony DonohoeIBEC nominee.Head of Research andInformation, IBEC.Ms Carol FawsittSolicitor.Ms Gráinne HealyNWCI nominee.Former Chairperson, NWCI.Mr Paddy KeatingICTU nominee.National Secretary, Impact.Ms Mary KeoghDirector, Forum of Peoplewith Disabilities Ireland.Equality Authority Annual Report 2004 • 7

Mr Thomas McCannIrish Traveller Movement.Ms Marie MoynihanIBEC nominee.Human Resources Manager,Dell Computers.Board members of the Legal CommitteeMs Carol Fawsitt (Chair)Mr Tony DonohueMr Paddy KeatingMs Mary KeoghMr Thomas McCannMs Karen Erwin (ex officio)Mr Cearbhall Ó MeadhraArchitect, Institute for Designand Disability.Mr Bob QuinnStudent in National College ofIreland. Former President ofN.C.I. Students Union.Board members of the Finance CommitteeMr Leonard Hurley (Chair)Ms Grainne HealyMr Cearbhall Ó MeadhraMr Bob QuinnMs Karen Erwin (ex officio)Ms Sallyanne KinahanICTU nominee.Assistant General Secretaryof ICTU. (From October 7th).8 • Equality Authority Annual Report 2004

From the ChiefExecutive Officer

From the ChiefExecutive OfficerNiall CrowleyChief Executive OfficerIntroductionThe Strategic Plan (2003 - 2005) establishesthe core priorities in the work of theEquality Authority. This work seeks tocontribute to a more accessible workplaceand labour market, to an equality focuswithin service provision that impacts onthe quality of people’s lives, to thedevelopment of effective equalitystrategies at national and local level andto addressing the interface betweenexperiences of poverty and inequality. Ittakes an integrated approach in embracingall nine grounds covered by the equalitylegislation - gender, family status, maritalstatus, age, disability, sexual orientation,race, religion and membership of theTraveller community. It also includesinitiatives specific to the disability ground,to the issue of racism and to equality forcarers. Finally work is also developed toenhance the effectiveness and efficiencyof the Equality Authority itself.2004 marks the midpoint in theimplementation of this strategic plan. Anumber of significant trends are evident inthe work carried out during 2004. Theseare:• The pursuit of strategic litigation thataddresses individual experiences ofdiscrimination as well as stimulatingchange in key sectors and contributingto a culture of compliance in relation toequality legislation.• The emphasis on practice and onembedding an equality dimension inemployment practices and in thepractice of providing goods andservices.• The development of new knowledgethat is both quantitative and qualitativeand that supports new understandingsof inequality and new strategies topromote equality.• The further development of theinfrastructure established to promoteequality and combat discrimination.• The deployment of public awarenesscampaigns as a key element in a widercommunications strategy.• The importance of partnership with awide range of institutions andorganisations in enhancing the impactand progress of the work of the EqualityAuthority.Strategic LitigationThe Equality Authority provides legaladvice and assistance to claimants incases under the equality legislation on thebasis of criteria established, and keptunder review, by the Board. These criteriaare set out in Appendix 4. These criteriaensure a strategic approach to litigationsupported by the Equality Authority. Thisstrategic approach ensures a coordinationbetween legal work and prioritiesEquality Authority Annual Report 2004 • 11

About The MaternityProtection Acts1994 and 2004 -guidebook coverStrategic Plan2003-2005 -2004 marks themidpoint in theStrategic Plan'simplementationestablished in the strategic plan. It pushesout boundaries in seeking to establish newlegal precedents and to stimulate newpractices in key sectors. It promotes aculture of compliance that ensures thelegislation is seen to be relevant andeffective by all concerned.Significant successes are evident incasework supported by the EqualityAuthority during 2004 in both thesettlements and the recommendationsdetailed in this report. Under theEmployment Equality Acts the case ofCampbell Catering Ltd v Rasaq wasparticularly significant. The Labour Courtfound that in certain circumstancesemployers may have to take positive stepsto ensure non discrimination on the raceground. In Citibank v Ntoko the LabourCourt provided an interestinginterpretation of the use of a hypotheticalcomparator and affirmed the principlethat awards for compensation for theeffects of discrimination have to beeffective, proportionate and dissuasive. Forthe second year in a rown, the EqualityTribunal in a sexual harassment claimawarded the maximum compensation oftwo years salary.Under the Employment Equality Acts 1998and 2004, the highest number of casefilescontinues to relate to the race ground. Therace ground is followed by the genderground, the disability ground and the ageground in this regard. The dominant issues

continue to be allegations ofdiscrimination in relation to workingconditions, access to employment,dismissal, sexual harassment andharassment and equal pay.Under the Equal Status Acts there is asignificant increase in the number ofcasefiles which concern allegations ofdiscrimination in relation to the provisionof housing particularly by local authorities.Two important settlements were reachedinvolving the Traveller ground. TheEquality Authority for the first time usedits powers under Section 8 of the EqualStatus Act to apply to the District Court fora declaration that Portmarnock Golf Clubwas a discriminating club. A significantnumber of casefiles relate to allegations ofdiscrimination on the age ground inrelation to the provision of insurance.Under the Equal Status Acts 2000 to 2004the highest number of casefiles continuesto relate to the Traveller ground. TheTraveller ground is followed by thedisability ground, the race ground and thegender and age grounds. The dominantissues continue to be allegations ofdiscrimination by licensed premises, bypublic sector bodies, by educationalestablishments and by insurancecompanies and by providers ofaccommodation in the public and privatesector.Casefiles under the Intoxicating Liquor Act2003 are included in this Annual Reportfor the first time. The Intoxicating LiquorAct 2003 transferred the jurisdiction fordealing with allegations of discriminationagainst licensed premises from theEquality Tribunal to the District Court. Thecasefiles during 2004 under theIntoxicating Liquor Act all relate to accessto public houses and cover the grounds ofdisability, Traveller community and age.The Equality Authority has facedparticular difficulties in relation tocasefiles under the Intoxicating Liquor Act2003. The Act did not transfer all thefunctions of the Equality Authority to bedeployed in cases of discriminationagainst licensed premises. The functionsthat were not transferred included that ofproviding information on the legislationand those functions in relation topreparing codes of practice, conductinginquiries and conducting equality reviewsand action plans. The transfer of thesecases from the Equality Tribunal to theDistrict Court has resulted in a significantdrop in the number of cases being broughtforward in relation to licensed premises.During 2004 there has been a decrease inthe number of casefiles of the EqualityAuthority. This decrease is a result of adecision by the Equality Authority to workon the backlog of cases that had beenEquality Authority Annual Report 2004 • 13

uilding up and to pursue a level ofcasework that better matched theresources available to the EqualityAuthority. Progress has been made on thisbacklog. However, there are continuingdifficulties in this area due to the backlogof cases in the Equality Tribunal. Despitethis decrease, the number of casefilesworked on during 2004 remains at asignificantly high level.One significant and regrettable feature of2004 has been reductions in the level ofprotection against discrimination affordedby the provisions of the EmploymentEquality Acts and the Equal Status Acts.Those reductions have resulted fromprovisions in the Social Welfare(Miscellaneous Provisions) Act 2004 andthe Residential Tenancies Act 2004. BothActs introduced discrimination againstcohabiting same sex partners by limitingtheir definition of cohabitation toheterosexual couples. These provision maybe in breach of the European conventionon Human Rights. These Acts reduced theprotections afforded by the Equal StatusActs because Section 14 of the EqualStatus Acts exempts action required byanother statute. Further reductions in thelevel of protection have resulted fromamendments introduced into equalitylegislation by the Equality Act 2004. Theexemptions contained in Section 14 of theEqual Status Acts were broadened toinclude certain measures in relation tonon nationals that are not now prohibitedby the Acts. The successful outcomes oftwo cases, one relating to agediscrimination under the EmploymentEquality Acts and one relating to nonnationals and access to grant schemesunder the Equal Status Acts were reversed.PracticeThe second trend evident in the work ofthe Equality Authority is the emphasis onpractice. This can be seen in relation tothe workplace, schools and health sectororganisations. The emphasis on practice isabout supporting change in how businessis done in these fields to include explicitequality objectives and initiatives.The Equality Authority has continued itswork with the social partners (Congressand IBEC) on the Framework Committeefor Equal Opportunities at the Level ofEnterprise and on the FrameworkCommittee for Work Life Balance. Thework of these committees providesleadership, expert support, resources andinformation and encouragement forenterprises and organisations to moreeffectively promote equality andaccommodate diversity in the workplace.A planned and systematic approach toequality has been identified by thecommittee for equal opportunities as akey theme in this work. Enterprises and14 • Equality Authority Annual Report 2004

organisations that are planned andsystematic in their approach to equalityhave a formal commitment to equality inan equality policy, develop staff capacityto implement the equality policy throughequality and diversity training, andimplement an equality action plan whichsets out equality objectives and theinitiatives that will be taken to achievethese. Flexible working arrangements isthe key theme for the work of thecommittee on work life balance. Flexibleworking arrangements are necessary toaccommodate a range of different needsincluding the needs of those reconcilingwork and caring responsibilities, the needsof older people for phased retirement, theneeds of minority ethnic workers to meetcultural imperatives, or the accessibilityrequirements of people with disabilities.The Equality Authority has developed newinitiatives with the Inspectorate in theDepartment of Education and Science andwith the School Development PlanningInitiative and the ASTI. These projects willbe implemented during 2005. They aredesigned to support an equality focus inthe practice of whole school evaluationand of preparing school developmentplans. The objective of this work is tosupport a practice that seeks to developthe inclusive school.Equality competence has been identifiedby the Equality Authority as the key themewithin its work supporting new practice inthe health sector. Equality competenthealth sector organisations are plannedand systematic in their approach toequality for employees and customers orclients. They pursue decision makingprocesses that actively include equality asa factor to be considered in all decisionmaking.We have developed new initiatives tosupport and test out approaches toequality competence in the practice ofhealth sector organisations. Aninformation booklet is being prepared withthe Department of Health and Children, ajoint conference was hosted with the IrishMedical Organisation and an equal statusreview and action plan was developedwith the North Western Health Board.Knowledge DevelopmentKnowledge development is another trendevident in the work of the EqualityAuthority during 2004. Research projectscarried out during the year havecontributed to significant knowledgedevelopment. The publication of “Access toHealth Services for Transsexual People”broke new ground in highlighting thehealth issues for transsexual people. Thepublication of “Diversity at School”provided a unique overview on equalityissues in schools for pupils and teachersfrom each of the nine grounds.Equality Authority Annual Report 2004 • 15

“Ageing and Labour Market Participation”and “Disability and Labour MarketParticipation” provided data that gave newinsights into the situation of older peopleand of people with disabilities. The first ofthese publications explored the patternsand recent trends in labour forceparticipation by older people. Ithighlighted that from the point of view ofthe welfare of older people the keyproblematic aspects of labour marketpatterns occur in connection withunemployment and being unable to workdue to sickness or disability, rather thanwith retirement or being on home duties.The second publication explored thelabour market situation of people withdisabilities and the factors associated withparticipation or non participation in thelabour market. It highlighted that about40% of these reporting a longstanding orchronic illness or a disability were inemployment compared with anemployment rate of close to 70% for thosenot reporting longstanding or chronicillness or a disability.The Advisory Committee convened by theEquality Authority on implementingequality for carers is another approach toknowledge development by the EqualityAuthority. Knowledge development canalso be achieved through the participationof those groups that experience inequality.The Advisory Committee is made up ofcarer organisation, organisations involvingthose who are cared for, the socialpartners, state agencies and GovernmentDepartments. The committee has metregularly to explore and develop positionson issues for carers in relation toemployment, health and social careservices, income, recognition and valuingof carers and caring, participation indecision making and social participation.A report will be published in 2005.Equality InfrastructureAnother trend evident in the work of theEquality Authority relates to the furtherdevelopment of an infrastructure topromote equality and to combatdiscrimination. The Equality Authority hasfocused in particular on equalitylegislation, equality data, equality proofingand regulatory bodies.The Equality Authority engaged in followup work on the submission made inrelation to the transposition of the EUDirectives into Irish equality legislation.The Equality Act 2004 seeks to give effectto this transposition. In relation to thework on equality data the EqualityAuthority worked with the CentralStatistics Office on the development of animportant and ground breaking nationallyrepresentative survey of experiences ofdiscrimination. This will be published bythe Central Statistics Office in 2005.The Equality Authority made a further16 • Equality Authority Annual Report 2004

contribution to approaches to equalityproofing policy making by GovernmentDepartments during 2004. The EqualityAuthority supported the development andpilot application of an integrated proofingtemplate that sought to bring togetherequality and poverty proofing in a singleexercise. This initiative has providedvaluable learning for policy makers andnon governmental organisations on howto implement equality and povertyproofing and on how to support thoseinvolved in the proofing process. Thisinitiative provided a valuable stimulus forimplementing the commitment in theSustaining Progress national agreement toroll out an equality proofing processacross government Departments.The focus by the Equality Authority onregulatory bodies with responsibilities inother fields of activity is an importantinnovation in building an infrastructure topromote equality and combatdiscrimination. A valuable model in thisregard was developed by FETAC with thesupport of the Equality Authority during2004. FETAC published Guidelines forQuality Assurance in Further EducationTraining that contain an important focuson equality and accommodating diversity.This means that all further educationproviders offering FETAC awards will haveresponsibilities in terms of qualityassurance that include putting an equalitypolicy in place, providing equality trainingfor staff and having an equality actionplan.CommunicationsCommunications strategies have been asignificant area during 2004. The publicinformation centre continued to provideinformation on the Employment EqualityActs, the Equal Status Acts, the MaternityProtection Acts, the Adoptive Leave Actand the Parental Leave Act. 11,257 querieswere dealt with - a rise of 4.24% on theprevious year. This work had also to takeaccount of changes in the legislation onfoot of the Equality Act 2004 and theMaternity Protection Act 2004. Demand forthe various publications of the EqualityAuthority continued to grow. This isevident in the 125,501 publicationsdownloaded from the Equality Authoritywebsite - nearly twice the numberdownloaded in 2003.Two major public awareness campaignswere developed during 2004. The “Say NoTo Ageism” campaign was organised withthe National Council on Ageing and OlderPeople. The Anti Racist Workplace Weekcampaign was organised with Congress,IBEC, CIF, Chambers of Commerce ofIreland, Small Firms Association, IrishFarmers Association and the Departmentof Justice, Equality and Law Reform. It alsoreceived significant support from theEuropean Commission.Equality Authority Annual Report 2004 • 17

PartnershipPartnership with a broad range oforganisations has been a key element inthe approach of the Equality Authority.The Equality Authority has worked inpartnership with GovernmentDepartments, state Agencies, the socialpartners, community and voluntary sectororganisations of people experiencinginequality, organisations of servicesproviders, regulatory bodies and localcommunity groups. Partnership has alsoinvolved other specialised equality bodiesin Northern Ireland, Britain and across theEuropean Union. A particularly closeworking relationship was continued withthe Equality Commission for NorthernIreland. These different partnerships andthe initiatives of this wide variety oforganisations has made a significantcontribution to the quality and impact ofthe work of the Equality Authorityduring 2004.Partnership and joint work has enabledthe Equality Authority to make best use ofthe resources available to it. This approachto our work means that a broad range ofexpertise and experience can be mobilisedin designing and implementing goodpractice in promoting equality andcombatting discrimination. It stimulatesand supports the emergence of aleadership for equality across a broadrange of sectors.ConclusionFinally the work of the Equality Authorityduring 2004 is of a scale and a quality thatreflects well on the commitment andcapacity of the staff of the organisation.The endeavour and skill of each individualstaff member that has determined thesuccess of the organisation in 2004.Niall CrowleyChief Executive Officer18 • Equality Authority Annual Report 2004

Casework Report 2004

Casework ReportIn 2004, there were 889 casefiles, 370under the Employment Equality Act 1998,509 under the Equal Status Act 2000 and10 under the Intoxicating Liquor Act, 2003.This represents a reduction of 464 files –approximately 34%. However the figuresare neither a measure of the level ofdemand on the Equality Authority’sservices or the extent of thediscrimination. The reduction in thenumber of casefiles results from adecision of the Equality Authority toreduce the backlog of casefiles. This wasnecessitated by an almost overwhelmingdemand on the Equality Authority’sservices particularly in relation to casesinvolving access to licensed premises. Itcan be seen that 145 of the 889 files(approximately 16%) still relate to claimsunder the Equal Status Act 2000 involvinglicensed premises. However thisrepresents a reduction of 127 files inrelation to claims involving licensedpremises since 2003.Highlights / TrendsThe two grounds that relate to racism, theground of race and the Travellercommunity ground dominate the casefilesof the Equality Authority in 2004 bothunder the Employment Equality Acts 1998- 2004 and the Equal Status Acts 2000 and2004. The continuing vulnerable positionof migrant workers is noteworthy in thecasefiles. It is explicitly reflected in thesignificant recommendation of the LabourCourt in the Rasaq case (page 11 and page38) in which the difficulties encounteredby migrant workers requires theimposition of a positive duty on employersin certain circumstances, to ensure nondiscrimination.Another highlight is theapplication by the Labour Court inCitibank v Ntoko (page 39) of theprovisions on the burden of proof in theRace Directive in circumstances where ithad not been transposed into Irish law. Itsinterpretation in relation to the use of ahypothetical comparator is also of interest.The finding of harassment in the Persaudv Shelbourne Hotel (page 40) is alsosignificant.A purposive approach to the interpretationof equality legislation is evident inrecommendations of the Equality Tribunalunder the Employment Equality Act 1998(Persaud v Shelbourne Hotel) and underthe Equal Status Act 2000 (McClean v TheRevenue Commissioners (page 29)). InPersaud the Equality Officer referred andrelied upon a Supreme Court case whichfound that “remedial statutes had to beconstrued as widely and as liberally as canfairly be done”.The Equality Authority’s Code of Practiceon Sexual Harassment and Harassment atWork is referred to and relied upon in anumber of recommendations.Equality Authority Annual Report 2004 • 21

There are very few casefiles on familystatus, sexual orientation and religion andinvolving the issue of indirectdiscrimination. The recommendations andsettlements noted in the report on theseissues are therefore of particular interest.Insurance claims dominate the casefiles ofthe Equality Authority under the EqualStatus Act 2000 on the ground of age witha number of significant settlementsreached.There is a significant increase in thenumber of the Equality Authority’scasefiles which concern allegations ofdiscrimination in the provision of housingparticularly by local authorities. Twosettlements were reached which involvethe provision of a 4 bedroom house to aTraveller family of 12 who had been livingon the side of the road with no facilities.In another settlement, a Traveller withphysical and intellectual difficulties whohad been living in substandardaccommodation was provided with ahouse.The finding of victimisation against avoluntary body in the Circuit Court inSalmon v Para Equestrian Ireland (page28) is of great significance to the disabilitysector. The majority of services for peoplewith disabilities are provided by voluntaryservice providers (often with significantfunding provided by the State or othersources). The application of the EqualStatus Act 2000 to this sector is ofimportance.The Equality Authority in 2004 for the firsttime used its power under section 8 of theEqual Status Act 2000 to apply to theDistrict Court for a declaration thatPortmarnock Golf Club was adiscriminating club.The Labour Court in the Citibank caseaffirmed the principle that awards forcompensation for the effects ofdiscrimination have to be effective,proportionate and dissuasive. It awarded€15,000. For the second year in a row theEquality Tribunal in a sexual harassmentclaim awarded two years salary which isthe maximum compensation that could beawarded. The Equality Officer stated thathe felt constrained in the level ofcompensation that could be awarded andthat he would have ordered a significantlyhigher award given the severity of thetreatment to which the complainant hadbeen subjected. The use of the CircuitCourt option in gender employmentpregnancy discrimination claims in 2004yielded significant financial benefits witha settlement of around a year’s salary. Anumber of claimants received tax rebatesin respect of money that had beendeducted by the Revenue Commissionersfrom awards of compensation. The low22 • Equality Authority Annual Report 2004

level of awards made by the EqualityTribunal in cases involving licensedpremises continues to be a cause ofconcern.The Equality Tribunal made a number ofuseful proactive orders in addition tocompensation. These include the provisionof comprehensive training on the EqualStatus Act 2000 for all staff, an apology,the preparation of an equality policy, anorder requiring an employer to review itspolicy and practices on harassment toensure it contains a mechanism foraddressing complaints involving clientsand customers.The Intoxicating Liquor Act,2003In 2004 10 casefiles related to theIntoxicating Liquor Act, 2003, 6 on thedisability ground, 3 on the Travellercommunity ground and 1 on the ageground. As stated above, this figure is notindicative of the level of demand on theEquality Authority’s services or the extentof the discrimination.The Equality Authority is not afforded astatutory function to provide informationto the public on the operation of section19 of the Intoxicating Liquor Act, 2003through its Public Information Centre,leaflets, videos and website.Equal Status Act 2000 to 2004There were 509 casefiles under the EqualStatus Act 2000 to 2004. 375 files relate tothe provision of services, 35 relate to theprovision of accommodation, 74 relate toeducational establishments, 11 relate toregistered clubs and 15 are in respect ofgeneral advice on the operation of thelegislation.145 of the 509 files (approximately 10%)relate to claims of discrimination againstlicensed premises. 126 files relate toclaims of discrimination against the publicsector (not including educationalestablishments). Casefiles involvinginsurance companies make up the thirdlargest category of casefiles. Files involvingthe provision of accommodation are equalin number to those involving insurancewith the public sector involved in morethan double the number of files involvingthe private sector in this area.The grounds of race and of the Travellercommunity dominate the casefilesinvolving 47.5% of all of the files. Underthe Equal Status Act 2000, 45 of the 126files against public bodies involve theground of race and the Travellercommunity ground. 26 of 74 files involvingeducational establishments relate to thegrounds of race and of the Travellercommunity. 17 of the files involving theprovisions of accommodation involve theEquality Authority Annual Report 2004 • 23

grounds of race and of the Travellercommunity.The casefiles involving the disabilityground constitute 24% of the files. Theyconstitute the second largest category ofcasefiles involving licensed premises(13%), the largest category of casefilesinvolving the public sector (26%) thelargest category involving the provision oftransport (66.6%) and the largest categoryof casefiles involving educationalestablishments (31%).The age and gender grounds eachconstitute 41 casefiles respectively withage ground files constituting 62.9% of thecasefiles involving insurance companiesand gender ground files constituting 72.7%files on registered clubs.Provision of ServicesThe majority of casefiles under the EqualStatus Acts in 2004 involved the provisionof goods and services (74%).a) Licensed PremisesFiles involving licensed premises were thelargest category of casefiles in relation tothe provision of goods and services (39%)and the largest single category under all ofthe casefiles under the Equal Status Act2000 (28%).The maximum award of compensationthat can be made in claims under theEqual Status Act is €6,350. The AnnualReport of the Equality Authority in 2003noted with concern the low level ofawards made in cases involving access tolicensed premises. This trend hascontinued in 2004. The claimants weresuccessful in 10 of the recommendationsrelating to licensed premises, unsuccessfulin 3 of the recommendations and in oneclaim, one of the claimants was successfuland the other was unsuccessful. Thesuccessful claims involved 23 claimants.The potential maximum award for the 23claimants was €146,050. The totalcompensation received by the claimantswas €10,836 which is on average €471.This is approximately 7.42% of thepotential total award. To obtain on averageless than 8% of a potential award some 3-4years after an incident does not constitutean effective, proportionate or dissuasiveremedy.DelayCawley & McCarthy v Ha’penny Bridge InnMr Cawley and three companionscomplained of discrimination on groundsof membership of the Traveller communitywhen they were refused service in a bar inFebruary 2001. Their complaint was lodgedwith the ODEI but was not heard untilApril 2003. By that time, two of thecomplainants were uncontactable andtheir cases were dismissed. One of the24 • Equality Authority Annual Report 2004

espondent’s chief witnesses had died inOctober 2001. A full hearing took place onthe 9th April 2003 at which threewitnesses gave evidence on behalf of therespondent. The decision, which issued on26th April 2004, stated that while thecomplainant’s evidence was compelling,the Equality Officer could not make afinding of discrimination as it wouldbe to “imperil…a fair result”. Therecommendation was successfullyappealed.EnforcementProblems have been experienced withenforcement of orders of the EqualityTribunal concerning licensed premises in anumber of cases.In McDonagh, McDonagh and McDonaghv Davitt’s Public Bar DEC-S2003-021-023the Equality Officer ordered compensationto be paid to the three claimants, two ofwhom were minors. The sums of moneyowing, €1,200 and €600 were paid in 2004after ten months of threatenedenforcement proceedings. Therespondents did not pay the award at theoutset on the basis that they were unsurehow the award should be paid for childclaimants. Where a claim is made in theordinary courts, the rules of the superiorcourts require that money be paid intocourt and held on certain terms for thechild, until the child reaches maturity.Neither the Employment Equality Act 1998nor the Equal Status Act 2000 deal withthe issue, highlighting the need for rulesof procedure to be prepared as is allowedin the legislation.Mary Stokes & Others v The Vault(Norevale Ltd)In this case the Equality Officer found thatthe six complainants had beendiscriminated against by the respondentcompany which operated a bar in Hearn’sHotel in Clonmel and they were awarded€2,000 each in July 2002. The money wasnot paid and the respondent lodged anappeal of the decision with the CircuitCourt in Clonmel, just before the end ofthe statutory appeal period. The CircuitCourt listed the matter for hearing in thefollowing year and in the meantimeNorevale Ltd sold the hotel.Just before the appeal was due on forhearing, a Notice of Discontinuance wasserved by the appellants and at thehearing there was no appearance for theappellants. The judge dismissed theappeal and confirmed the order of theEquality Officer and awarded costs to thecomplainants.The Equality Authority subsequently madeseveral attempts to recover the money inrespect of the award and costs but withoutany success. Enquiries were made on anumber of fronts including the Director ofEquality Authority Annual Report 2004 • 25

Annual Report 2003coverMinister Michael McDowell pictured with KarenErwin and Niall Crowley at the launch of theEquality Authority Annual Report 2003Corporate Enforcement but no money hasever been recovered.Kathleen McDonagh v The Redcove Inn,DEC S2003-044 was a claim ofdiscrimination on the Traveller communityground. The Equality Officer ordered thatthe respondent pay €500 as compensationand that the respondent lift the ban onMrs McDonagh and her husband, shouldthey decide to frequent the premisesagain. The respondent did not complywith the order and an application waslodged under section 31 of the EqualStatus Act 2000 for enforcement of thedecision. The respondent then purportedto appeal the decision of the EqualityOfficer outside the 42 day statutory timelimit set down in the Act. The CircuitCourt judge hearing applications on bothissues on the same day, gave leave to therespondents to lodge an appeal outsidethe time limit laid down in the Act, relyingon his general jurisdiction under theCircuit Court rules. The Equality Authorityprovided assistance to the complainant tobring judicial review proceedings inrespect of the order of the Circuit Court.On the 8th of November 2004 the HighCourt granted leave to apply for judicialreview of the Circuit Judge’s orderextending the time for the respondent toappeal.(NB. The High Court on the 9th of May2005 quashed the decision of the Circuit

Court Judge to extend the time for therespondent to lodge an appeal. Therespondent agreed to comply with theterms of the Equality Officer’s decision.The Circuit Court then dismissed theappeal and granted the enforcementorder.)SettlementsTwo separate claims of discrimination onthe Traveller community ground againstlicensed premises were settled with thepayment of compensation of €1,500 and€600 respectively.b) Disability GroundThe casefiles on the ground of disabilityconstitute the second largest categoryunder the Equal Status Act 2000 and underthe provision of goods and services.Six Complainants v A Public HouseThe Equality Officer found that theclaimant had been discriminated againstby the respondent on the disability groundand that his five companions werediscriminated by association. The claimanthas a disability which affects hisbehaviour, coordination and facialexpressions. The Equality Officer statedthat it was clear that the complainantgroup were refused admission without theprovision of even the normalaccommodation which is routinelyafforded to patrons i.e. the doorman statedthat it was his normal, standard practiceto engage all persons who approach thedoor of the premises in conversation inorder to ascertain whether they areintoxicated. He did not do so in relation toany of the complainants. The respondentand his staff were unaware of theclaimant’s disability. The Equality Officerfound that it was not reasonable to placeupon the respondent the burden of beingaware of every possible type of disabilityand providing reasonable accommodationfor every possible contingency. It isreasonable, given that responsible serviceproviders, particularly those who provideregular service to large numbers ofpatrons, and who deal with refusals ofvarious kinds in often sensitive or volatilecircumstances, would at the very least, beaware of the possibility of reasons, otherthan drunkenness, affecting a personsdemeanour and would take somemeasures to verify suspicions in thatregard. The consistent application of thestated policy to engage with patrons in ashort conversation to assess theirsuitability for admission to the premises,when applied in a fair and even handedmanner, combined with an awareness thatfactors other than drink, might account forthe outward appearance of drunkenness,would constitute reasonableaccommodation in the instant and similarcases. She awarded €600 to the claimant,€500 to the claimant’s mother and €100Equality Authority Annual Report 2004 • 27

each to the other companions. She alsoordered that each of the complainants beadmitted to the respondent premisesunless there are clear, non-discriminatoryreasons for refusing them admission. Therespondents appealed this decision to theCircuit Court. (N.B. The Circuit Court in2005, allowed the appeal on the basis thatthe respondents had acted in good faith.No costs were awarded.)Kelly v Kelly’s Lounge was a claim ofdiscrimination on the disability ground.The claimant was an 18 year old man withDowns Syndrome. He was enjoying a nightout with his family and friends at Kelly’sLounge as he did regularly. The claimantwas at the bar speaking to anacquaintance when the bar manager tookhis drink from him and told him either tosit with his mother or go home. Theclaimant and his family were very upsetand decided not to return to the premisesagain.The Equality Officer found that therespondents had discriminated against theclaimant on the grounds of his disabilityin that a man of the same age without thisdisability would not have been told to goand sit with his mother. The claimant wasawarded €250 and the respondent wasordered to write to the claimant and invitehim and four friends to Kelly’s Lounge ona date of his choosing and to give each ofthe party two drinks on the house.Joan Salmon v Para Equestrian Ireland -Voluntary BodyThe claimant is a blind woman who hasbeen participating in para-equestrianevents for many years and is an Irish ParaOlympic medal winner. She did not travelto an equestrian event in Scotland in July2001 as the respondent refused to allowher guide dog to accompany her. Sheconsidered that the action wasdiscriminatory and the matter was raisedin the media. The respondent was upset atthe comments made and decided to barher from further participation in ParaEquestrian Ireland events until she offeredan unreserved apology. The claimant didwrite and apologise but the apology wasnot accepted by the respondent. After longand intensive efforts to have the situationresolved, the claimant lodged a complaintof victimisation under the Equal StatusAct 2000. The Equality Officer found thatthe claimant was not victimised as aresult of having “opposed by lawful meansan act which is unlawful under this Act”.He found that Para Equestrian Ireland hadbarred the claimant as a result of hercomments to the media and that ParaEquestrian Ireland would have acted in thesame way against any person who hadmade similar comments to the media. Thefinding was appealed to the Circuit Court.28 • Equality Authority Annual Report 2004

In the Circuit Court, Judge Delahunt foundthat Para Equestrian Ireland had treatedMs Salmon less favourably than othermembers, by excluding her from its ridingactivities without first trying to deal withher grievance through discussion. As aresult of this she had missed out onseveral major events in which she couldhave qualified to compete, including theWorld Dressage Championships and theParaOlympics. This was held by JudgeDelahunt to constitute victimisationcontrary to the Equal Status Act. Sheawarded Ms Salmon €3,500 incompensation and ordered that she bereadmitted to membership of and fullparticipation in, the events of ParaEquestrian Ireland and affordedreasonable accommodation to enable herto participate fully.McClean v The Revenue Commissioners -Purposive InterpretationThe claimant, a disabled driver, submitteda claim for a refund of certain vehicletaxes and duties, under the DisabledDrivers and Disabled Passengers (TaxConcessions) Regulations, to the RevenueCommissioners but his application wasrejected. The complainant claims thatthe1994 regulations are discriminatory inthat they provide for less favourabletreatment of people with differentdisabilities and that they also fail to makereasonable accommodation for those withsevere and permanent disability. TheRevenue Commissioners maintained thatthey were not the correct respondents inthe matter as they only administer thescheme on behalf of the Minister forFinance within the terms of the relevantprimary and secondary legislation. TheEquality Officer concluded that theRevenue Commissioners were not thecorrect respondents in the case.As both parties had made the argumenton the question as to whether theDisabled Drivers and Disabled Passengers(Tax Concession) Regulation 1994 comeswithin the meaning of the term“enactment” under section 14 of the EqualStatus Act 2000, the Equality Officer madea number of comments obiter dicta;“I consider that the anti-discrimination lawsshould be interpreted purposefully and that, indealing with an anti-discrimination statutesuch as the Equal Status Act 2000, where thewording is ambiguous, we should always startfrom the assumption that it is trying to preventdiscrimination on the protected grounds, unlessthere is a very clear indication to the contrary.This would suggest to me that exemptions inthe Act, such as section 14, should be narrowlyconstrained, where there appears to beambiguity”. He suggested that “it isappropriate to apply a purposive approachto the interpretation of the term“enactment” in the Equal Status Act 2000,considering that it is remedial legislationEquality Authority Annual Report 2004 • 29

to combat anti-discrimination practices”.c) Gender GroundClaimant v Total Fitness GymThe complainant was a member of TotalFitness Gym. He found the increasingdelays in getting to equipment irritatingwhen there was equipment which was notbeing used. He alleged that he asked whythere was an area of the gym reserved forwomen only, even though women couldalso use the equipment in the main area.He alleged he was told it was there toprevent embarrassment of womenexercising in the same area as men. Theladies gym was in full view of allmembers, having a glass front and offeringno privacy. He spoke with a companydirector about it. He was adamant that henever stated an intention to use the ladiesonly areas as was alleged by therespondent. Some days after thisconversation the claimant’s membershipwas terminated. The claimant referred aclaim of discrimination on the genderground and victimisation to the Tribunal.He subsequently withdrew the claim ofgender discrimination. The EqualityOfficer found that the claimant would nothave had his membership terminated butfor his discussion relating to his complaintabout the ladies only gym. He had notindulged in behaviour that wouldnormally be associated with terminationof membership, since there were noenquiries into his behaviour generally andsince he was given no warning.The Equality Officer concluded that theclaimant was victimised as a result of hiscomplaint to the respondent when hismembership to the respondent club wasterminated. She awarded him €3,000compensation. She also made an orderrequiring the respondent• to review all of their Irish based clubs,or other publicly used premises, andpolicies to ensure compliance with theEqual Status Act 2000.• to provide for comprehensive trainingof all staff on the Equal Status Act 2000.This should apply to any and all staffwho will at any time work in an Irishbased premises of the respondent,regardless of where that staff-member’sprimary work base is and should dealwith all aspects of their operation as aservice provider.d) Race GroundThe Equality Authority received acomplaint regarding a respondent’ssubscription policy which required non-Irish customers to produce documentsshowing proof of employment. Aftercorrespondence the respondent agreed to30 • Equality Authority Annual Report 2004

change its policy so that the samesubscription policy applies equally to allits members and the extra documentationis no longer required from non-Irishcustomers.The Equality Authority wrote torespondents in relation to an allegation ofharassment of a transport user on theground of race. A mediated settlement wasreached in relation to the allegation ofharassment.First national Say NoTo Ageism Campaign,September 2004, hadthe theme 'Life willalways have limits.Age shouldn't beone of them."e) Religion GroundThe complainant and his wife hadrecently lost twins and they wereexperiencing difficulties with their localchurch in relation to their children’sgraves. The complainant is of theProtestant faith and his wife is of Catholicfaith. The complainant believes that bothhe and his wife were being discriminatedagainst by a new minister to the parishbecause of his wife’s faith. They had madea complaint to their local bishop but to noavail. Following initial contact with theEquality Authority the couple took thecomplaint up again with the minister’ssupervisor and Bishop. As a result thecouple received an apology.f) Age Ground35 of 509 files relate to the provision ofinsurance, involving six of the

discriminatory grounds. 22 of the 35insurance files relate to the ground of age.22 of the 41 files on the ground of agerelate to insurance. Different ages anddifferent types of insurance are involved.Travel InsuranceThe Equality Authority was contacted by awoman aged 90 who had been a memberof the VHI for over 40 years. She is still infull-time employment and drives to workeach day. As she liked to travel abroadtwice a year, she applied to the VHI forannual travel insurance, but the VHIrefused to quote her, as their policy wasnot to offer such insurance to membersaged over 79.The Equality Authority wrote to the VHI toexplain that such a blanket ban or refusalto provide insurance to a person becauseof her age may be in breach of the EqualStatus Act 2000 as had been found in theRoss - v - Royal & Sun Alliance case. TheVHI initially disagreed but, followingfurther correspondence with the EqualityAuthority, negotiated with theirunderwriters to provide cover formembers over 80 years.Motor InsuranceThe claimant contacted the call centre atFirst Call Direct for a motor insurancequote in November 2001 when he was 23years old. The respondent refused to quotethe claimant because he was under 25.The Equality Authority pursued the matteron behalf of the claimant and the casewas listed for hearing in the ODEI -Equality Tribunal. On the day of thehearing, the respondent announced that ithad now changed its policy and removedthe lower age limit for quotations. Becauseof that and other factors relating to thecase, a financial settlement was agreed.Air faresThe Equality Authority providedassistance to two students in claimsof discrimination on the age groundagainst USIT.The first claimant was a full-time maturestudent with a valid International StudentCard who wished to avail of a reduced airfare to Madrid via Paris. The respondentinformed him that Air France operated anupper age limit of 29 on its student faresand as the claimant was over this age hewas not entitled to a reduced fare.On the morning of the hearing therespondents offered to settle the matter.The claimant accepted €2,000 incompensation and USIT confirmed thatthey now offer all ISIC cardholders thesame student airfares. The respondentalso undertook to place a notice on itspremises stating that it is in compliancewith the Equal Status Act 2000.32 • Equality Authority Annual Report 2004

The second claimant was a full timestudent in UCD. In May 2001 the claimantattempted to purchase two tickets toSpain for himself and his daughter whowas also a full time student. Both heldvalid USIT and international studentidentity cards. The claimant was informedthat while his daughter would qualify for areduced fare he would not as he was over29 years of age.A selection ofEquality Authorityadvertising, 2004The respondent stated that this agerestriction was part of a contract betweenthemselves and the airlines and was notwithin their discretion. The EqualityAuthority stated that as the restrictionwas made as part of an agreementbetween USIT and the airlines they had aresponsibility as a service provider toensure the terms of settlement were incompliance with the Equal Status Act. Therespondent agreed to settle the case for€2,000. In the earlier case USIT hadalready agreed to change their policy andplace a notice in their offices stating thatthey were in compliance with the terms ofthe Equal Status Act 2000.Educational Services andEducational EstablishmentsCasefiles in relation to educationalestablishments constitute the secondlargest category of casefiles under theEqual Status Act 2000 (14.5%) involving 7of the discriminatory grounds. The

disability ground is the largest (31%) withthe Traveller community being the secondlargest, (24%).a) Disability GroundThe claimant who was a student in hisfinal year in school has severe neuraldeafness. He had been provided withanalogue hearing aids by the Health Board,but he had been advised by two hearingspecialists that he needed digital hearingaids for his particular type of hearing loss.The claimant experienced great difficultyin school as his hearing aids amplified thebackground noise. The claimant alsorequired computer equipment to assisthim in developing his language skills.The matter was settled on the day of thehearing. The Department of Education andScience agreed to provide €5,360 towardsthe purchase of a digital hearing aid forthe claimant. The school agreed tointroduce an interim bullying andharassment policy which would formaliseits procedures for dealing with complaintsof bullying and harassment. It also agreedto provide a number of CDs and tofacilitate the use of its computers andCDs.Kwiotek v National University of IrelandThe complainant who is visually impairedalleged that she was discriminated againstby the National University of IrelandGalway, when the University failed toprovide her with adequate Braille materialto meet her needs as a student in theUniversity. The Equality Officer found thatthe respondent did not discriminateagainst the claimant. She was satisfiedthat once the respondent knew of theneed for material exclusively in Braillethat extra resources were put in place inthe library to provide the service. She alsofound that there was a failure on behalf ofthe claimant to communicate to therespondent her specific requirements forBraille material only.This finding highlights the need for anadequate assessment of the need of astudent with disabilities to be carried outat the outset.The Equality Officer found that theprovision of reasonable accommodation tothe complainant exceeded the nominalcost requirement under the Act.According to the recommendation, thebudget of the Disability Liaison Office was€108,000, the total library budget was€3,978,000. However there is no indicationin the recommendation of what theoverall budget of the University is, howmany students and employees havedisabilities and what type of disabilitiesthey have and how much of the overallbudget it spent on the specific needs ofpeople with disabilities. The averaging of34 • Equality Authority Annual Report 2004

the amount spent on all types ofdisabilities does not reflect the differingneeds of students, some of whom willrequire no reasonable accommodation andothers who require significant reasonableaccommodation.b) Race GroundThe complainant has two daughterswhose first language is Russian. The girlswere due to sit their Junior Certificate inJune 2004 and their father and their schoolhad requested that special provision bemade for them either by translating thenon-language exam papers into Russian orby allowing them use an English-Russiandictionary for those exams. The requestwas refused and the complainant soughtassistance from the Equality Authority.After correspondence the Department ofEducation and Science announced achange in the exam regulations to permitall children whose first language is notEnglish to use such dictionaries. Therelevant circular was applicableimmediately.c) Traveller GroundIn A Mother and Son v A SecondarySchool DEC-S2004-028 the claimantsalleged that the mother was asked on anumber of occasions to remove her sonfrom school for disciplinary reasons whichoccurred in April 2001. On the lastoccasion the mother kept her son out ofschool for the remainder of the schoolyear. It was alleged that the principal ofthe school did not follow Department ofEducation and Science guidelines inrelation to such matters when dealingwith this case and that the claimants wereless favourably treated because of theirmembership of the Traveller community.The Equality Officer found that there wasinsufficient evidence before him toindicate that the son had been treated lessfavourably than non-Traveller children hadbeen treated by the school in similarcircumstances. The Education (Welfare)Act 2000 requires schools to have a code ofbehaviour. Principals may require parentsto sign the code of behaviour. The casehighlights the need for schools to havesuch codes and to ensure all parents arefamiliar with the procedures to befollowed in disciplinary cases.AccommodationThirty five of the 105 files relate to theprovision of accommodation with themajority of these relating to publichousing (68.6%). This constitutes a majorincrease in the number of files in this areasince 2003 where only 3 of the 729 filesrelated to accommodation. While thecasefiles concern five of thediscriminatory grounds, the majority ofthe files concern the grounds of race andEquality Authority Annual Report 2004 • 35

the Traveller community (69%). 17 of the24 files involving public housing involvethe ground of race and the Travellercommunity ground.Two significant settlements were reachedin 2004 in relation to the provision ofpublic housing. The first settlementrelated to a Traveller family who had beenon the waiting list with the CountyCouncil for 4 years. They have 12 children.They were forced to live in a caravan onthe side of the road without any facilitiesresulting in a significant detriment to thehealth and education of individual familymembers. Following intervention by theEquality Authority, a 4 bedroom house wasoffered to the family.The second settlement concerned aTraveller who had both physical andintellectual disabilities. She was living insubstandard accommodation in a mobilehome on a site which was constantlyflooded and unsuitable for habitation. Sheapplied for a house near to where hersister lived, which she knew to be vacantfor some time. However despite numerousrequests supported by reports from asocial worker she was not allocatedalternative housing. The Equality Authoritywrote to both councils on behalf of thecomplainant who was subsequentlyoffered the house she had originallyapplied for.An advertisement appeared in TheConnacht Sentinal on 2nd March 2004which was placed by a property lettingagency, City Property Services and read asfollows:“Knocknacarra – Ashleigh Grove: 4bedroom house, no coloured, fullyfurnished”.The Equality Authority wrote to TheConnacht Sentinal and City PropertyServices on 7th April 2004 seeking them tofurnish a full explanation in respect of theadvertisement placed.The Connacht Sentinal responded bysaying that the advertisement was printedin error and they accept that theadvertisement should not have beenpublished. They apologised for any offencethat the advertisement may have caused.City Property Services responded statingthat the placement of the advertisementwas regrettable in the extreme. Theystated that on the day the advertisementbecame public they immediatelyapologised for same and the property inquestion was re-advertised on 9th March2004. They have paid €250 to a charity andhave undertaken to provide equalitytraining for all staff.36 • Equality Authority Annual Report 2004

Discriminating ClubsOne of the powers of the EqualityAuthority is to apply to the District Courtfor a determination as to whether a club isa discriminating club. (Section 8 EqualStatus Acts 2000 and 2004). 11 of thecasefiles of the Equality Authority in 2003related to allegations concerningregistered clubs. The vast majority of thesefiles were on the gender ground.Men only clubsIn 2003 the Equality Authority for the firsttime exercised this power. Prior to this allof the claims involving golf clubs had beenresolved. It applied for a determinationthat Portmarnock Golf Club was found tobe a discriminating club. The District Courton 20th February 2004 found that it was.On 18th May 2004 the District Court judgesuspended Portmarnock’s license for 7days. Portmarnock instituted aconstitutional challenge in the High Courtin relation to the relevant provisions. Italso brought an appeal by way of casestated to the High Court in respect of thejudgment of the District Court. (NB. In2005 it was successful in the appeal byway of the case stated, but did not succeedin the constitutional challenge.)Associate MembershipA claim alleging discrimination by a golfclub regarding new lady associatemembers was resolved followingcorrespondence.Employment Equality Acts 1998and 2004There were 370 casefiles under theEmployment Equality Acts 1998 and 2004during 2004. The ground of race remainsthe largest category among the casefiles ofthe Equality Authority (31.9%) with thegender ground the second largest (23.8%),disability the third largest (16.2%) and agethe fourth largest (11.4%). The number ofcasefiles on the grounds of marital status,family status, sexual orientation andreligion remains low.Working conditions constitute the largestarea of complaint at (30%). Access toemployment is now the second largestarea of complaint (17%) with dismissalconstituting the third largest category(15.7%).a) Race GroundThe 2003 Annual Report highlighted theparticular vulnerable position that migrantworkers face. This picture is mirrored inthe casefiles, settlements andrecommendations that the EqualityAuthority was involved in during 2004.Equality Authority Annual Report 2004 • 37

49.1% of the casefiles on the ground ofrace relates to working conditions. 19.5%of the casefiles relate to dismissal and16.1% relate to access to employment.1. SettlementThe claimant referred her complaints toboth the Equality Tribunal and LabourCourt alleging discriminatory treatment bythe respondent and constructive dismissalon grounds of race. The complainantworked as a cleaner. Her employer forcedher to work excessive hours, 6 days aweek. He constantly threatened her withdeportation if she did not do as requested.Her employer confiscated documentsincluding her passport and gave it back toher only when she paid him a lump sum.The complainant eventually had no optionbut to leave. He refused to give her a P45which she needed for another employer.The respondent agreed, without anyadmission of liability, to pay to theclaimant a substantial sum in full andfinal settlement of the two complaints.2. Campbell Catering Ltd v Rasaq- Positive DutyIn a significant recommendation of theLabour Court in Campbell Catering Limitedv Rasaq, Determination Number EED 048,the Labour Court highlighted theparticular vulnerabilities faced by migrantworkers.The claimant was working as a cateringassistant. The respondent allowed itsemployees to eat food so long as it wasnot taken off the premises. The claimantwas in the early stages of pregnancy anddid not have any appetite for lunch on oneparticular day. At the end of her shift shetook some bananas to the changing roomto eat them. A training manager saw herand assumed that she was attempting tosteal the bananas. She was reported to herline manager who instructed Ms Rasaq toput the bananas back in the store roomwhich she did.The claimant was called to a meeting thenext day and without any prior notice wasdismissed. She was informed that themanager who had reported her had askedfor her to be sacked. She was given noopportunity to answer the charges or toappeal this decision or obtainrepresentation. The letter of dismissalwhich she received later stated that shewas dismissed for “stealing companyproperty”. The Labour Court found that theclaimant had been dismissed on groundsof race discrimination and awarded her€15,000 comprising of €4,000 in lostearnings and €11,000 for the effects of thediscriminatory dismissal.The Court stated that “It is clear that manynon-national workers encounter specialdifficulties in employment arising from a lackof knowledge concerning statutory and38 • Equality Authority Annual Report 2004

contractual employment rights together withdifficulties of language and culture. In the caseof disciplinary proceedings, employers have apositive duty to ensure that all workers fullyunderstand what is alleged against them, thegravity of the alleged misconduct and theirright to mount a full defence including theright to representation… Special measures maybe necessary in the case of non-nationalworkers to ensure that this obligation isfulfilled and that the accused worker fullyappreciates the gravity of the situation and isgiven appropriate facilities and guidance inmaking a defence”. This suggests thatapplying the same procedural standards toa non national worker that would beapplied to an Irish national could in somecircumstances amount to discrimination.Employers in certain circumstances mayhave to take positive steps to ensure nondiscrimination.3. Citibank v Massinde Ntoko- Burden of ProofIn Citibank v Massinde Ntoko DeterminationNumber EED 045, the claimant wasassigned to work for the respondent onthe 17th August 2000 by an employmentagency. His employment was terminatedon the 27th November 2000 for making apersonal phone call. The Court wassatisfied that while it was the stated policyof the respondent to prohibit staff fromusing its telephone system for privatepurposes, this policy was not routinely orregularly enforced at the material time.The Court was also satisfied that thecomplainant was dismissed without beinggiven the slightest opportunity to defendhimself.The Court found that while there was noactual comparator, the claimant could relyon a hypothetical agency worker of adifferent racial origin. The Court referredto the judgment of the UK Court of Appealin Anya v University of Oxford whichmade it clear that in comparing theclaimant’s treatment to that of ahypothetical comparator, reliance cannotbe placed on the theoretical possibilitythat the respondent would behave equallybadly towards an agency worker of adifferent racial origin, but on evidence thatit did. No such convincing evidence wasadduced in this case.In relation to the Race Directive which hadnot then been transposed into nationallaw, the Court was satisfied that it isobliged to interpret and apply the relevantprovisions of the Act and the rules ofevidence in line with the wording andpurpose of the provisions on the burden ofproof in Article 8 of the Race Directive. Thecase of Glasgow City Council v Zafar isauthority for the proposition that a findingof a difference in ‘race’ can be sufficient toconstitute prima facie evidence of racialEquality Authority Annual Report 2004 • 39

discrimination. The claimant cannot provethe motivation for his dismissal. That isparticularly within the knowledge of therespondent. In these circumstances it isjust and equitable to call upon thedecision maker for an explanation and torequire her or him to prove the veracity ofthe explanation affirmed.The Court found that the claimant hadproved as a matter of probability that hewas singled out for special unfavourabletreatment by his manager and thatanother agency employee of a differentracial origin would not be so treated andthat his dismissal arose as a directconsequence of the special unfavourabletreatment to which he was subjected andthat he was discriminated against ongrounds of race contrary to Section 8 ofthe Act. The Court awarded the claimant€15,000 of which €2,000 should beregarded as compensation for loss ofearnings. The Court confirmed that anaward for compensation for the effects ofdiscrimination must be proportionate,effective and dissuasive. Apart fromeconomic loss the claimant washumiliated, deprived of his fundamentalright to equal treatment and freedom fromracial prejudice.The recommendation was appealed by therespondent. The case was settled beforethe commencement of the hearing andthe appeal was withdrawn.4. Persaud v The Shelbourne HotelThe claimant is an Australian nationalwhose father is of Afro-Caribbean originfrom the West Indies. She alleged that hermanager made derogatory remarks aboutanother employee to the effect that ‘shewas as useless as an African’. He alsomade comments about people in the WestIndies and intimated that they were lazy.“…I have been to the West Indies and ifyou don’t get them to open a restaurant at10am they don’t”. She submits thatfollowing her complaint, managementfailed to deal with it in an appropriatemanner and she was subsequentlyvictimised by her manager.In relation to a preliminary matter on theinterpretation of the time limit theEquality Officer referred to the judgementson the Family Home Protection Act inBank of Ireland v Purcell and the SupremeCourt judgement on the Child Care Act1991 which found that remedial statuteshad to be construed “as widely andliberally as can fairly be done”.The Equality Officer concluded that whilethe claimant did not have any particularAfrican connection or characteristic in aracial sense, the evidence did support theclaimant’s contention that she is of aparticular race/colour which is not40 • Equality Authority Annual Report 2004

Caucasoid/Caucasian. Taking into accountthe provision of section 32(5) whichconsists of a subjective and objective test,the Equality Officer concluded that thestatements that someone was as uselessas an African, and the comments referringto people from the West Indies,constituted harassment.The Equality Officer referred to theEquality Authority’s Code of Practice onSexual Harassment and Harassment atWork (S.I. No. 78 of 2002) and rejected therespondent’s defence that it had donewhat was reasonably practicable toprevent the harassment and to deal withthe complaint. There was no reference inthe Human Resources Employee Handbookto harassment on the nine grounds in thecontext of the Employment Equality Act1998.“The manner in which the respondentdealt with the complainant’s complaintwas unsatisfactory and the failure to havean equality policy in place in allprobability contributed to that”.The Equality Officer found that therespondent did not at any stage(i)indicate to both parties the manner inwhich the complainant’s complaintwould be dealt with(ii) deal with the complainant’s complaintin accordance with either the informalmanner of investigation or formal manner(iii) clearly indicate any findings to thecomplainant in respect of herallegations(iv) clearly indicate to the employee inquestion that such behaviour wasunlawful and was regarded by it asserious misconduct(v) acknowledge to the complainant thatunacceptable comments had beenmade to her, or provide her with anapology either on its own behalf orfrom the employee(vi) take any apparent steps to ensure thatconduct of that nature did not recur.The Equality Officer awardedcompensation of €2,000 in respect of thediscrimination and €5,000 in respect ofthe victimisation. The Equality Officer alsorequired the respondent to provide theclaimant with a written apologyapologising for the harassment on the raceground and for its victimisation of her. Sheordered the respondent to draft anequality policy and effectivelycommunicate the document to all relevantpersons including management. She alsoordered the respondent to provide anequality training seminar within threemonths for management and to inform allstaff of the provisions of the EmploymentEquality Acts 1998 - 2004.Equality Authority Annual Report 2004 • 41

5. Svetlana Koujoukharenko v ArantronicsThe complainant was awarded €15,000 bythe Labour Court in compensation fordiscriminatory dismissal on grounds ofrace and gender. The respondent lodgedan appeal to the Circuit Court andsubsequently withdrew the appeal on theday of the hearing. The complainant wasnot represented in either of theseproceedings but subsequently soughtassistance from the Equality Authority tosecure enforcement of the Labour Courtaward, which had been made an order ofthe Circuit Court on the 23rd October 2002.The Equality Authority agreed to representthe complainant and after someconsiderable correspondence with thesolicitors for the respondent, waseventually informed that they had nofurther instructions in the matter. TheEquality Authority then proceeded toobtain an execution order and lodged itwith the Sheriff of County Galway forexecution on the 3rd of October 2003.Since that date, the Sheriff has sent a totalof ten cheques for €500 each to theEquality Authority which he says he isaccepting “on account” from therespondent. The Sheriff has stated that hereceived an undertaking that the debtwould be discharged in due course but hasnot seized goods and has not declared therespondent nulla bona. No details of thetime scale in which the money is to bepaid have been received by thecomplainant or the Equality Authority.To date the amount outstanding is €10,000in respect of the balance of the award plusinterest at 8% per annum.6. FÁS - SettlementsA Polish national was refused access to aFÁS course. The Galway CitizensInformation Centre contacted the EqualityAuthority to state that they had a letterfrom FÁS confirming that “Jobseekers fromaccession countries will not be eligible forFÁS training and employmentprogrammes”. This was despite the factthat Poland had become part of the EUfrom 1st May 2004.FÁS initially cited concerns about apossible upsurge in social welfarepayments as the reason for this exclusion.After further correspondence FÁS statedthat, following legal advice and instructionfrom the Department of Enterprise, Tradeand Employment, citizens from the newmember states were to be granted accessto all its programmes and employmentschemes with immediate effect.7. NursesThe complainant was a nurse fromoverseas and recruited through an Agency.Part of her conditions of employment wasa series of assessment tests. There was apositive outcome from the first test. The42 • Equality Authority Annual Report 2004

second test was done by another assessorand was negative. A third test carried outby the second assessor again was negative.This assessor also made negative remarksabout nurses from outside Ireland. As aresult of the assessment the complainantwas not in a position to work as a nurse inIreland.The respondent hospital agreed to pay thecomplainant a substantial sum in full andfinal settlement of a claim allegingdiscriminatory dismissal at mediation.Subsequently, An Bord Altranais haverevised its policies in relation toassessment of overseas nurses.8. Race and Religion GroundsIn two determinations, Finlay and Clarke vQuinn Direct Insurance Company (DEC-E2004-055 and DEC-E2004-056) both claimantsfailed in a claim that they were subject todiscriminatory treatment, harassment andvictimisation on the grounds of race andreligion as Protestants from NorthernIreland.b) Gender1. Sexual Harassmenta) The 2003 Annual Report noted the highawards and settlements reached incases involving sexual harassment. Forthe second year in a row an EqualityOfficer in a recommendation relating tosexual harassment has stated that s/hefelt constrained by the EmploymentEquality Act 1998 in the level ofcompensation which could be ordered.In Ms. A v A Contract CleaningCompany EE/2001/166 the EqualityOfficer stated that he would haveordered a significantly higher awardgiven the severity of the treatment towhich the complainant was subjected.He found that the complainant whoworked as a cleaner in a shoppingcentre was subjected to an appallingattack on her personal dignity in thather trousers and underwear were pulleddown and she was slapped a number oftimes on the bare bottom by a securityguard who worked for anothercompany. When she correctly reportedthis matter to the relevant authoritiesshe was threatened with dismissal. Healso ordered the respondent to reviewits policy on harassment/sexualharassment in the workplace to ensurethat it accords with the EmploymentEquality Acts 1998 - 2004, in particularto ensure that it contains a mechanismfor addressing complaints involving aclient, customer or other businesscontact. He also ordered that all staffwho have responsibility in staffmanagement functions are givenappropriate training in the policy.(A personal injury action was settledbefore the recommendation and anEquality Authority Annual Report 2004 • 43

unfair dismissal claim was settledthereafter.)b) In Ms A v A Gym (EE/2002/108) theEquality Officer also ordered therespondent to introduce a policy to dealwith complaints of sexual harassmentwith particular reference to theprovisions of the Code of Practice onSexual Harassment and Harassment atWork 1998. The claimant in this casehad made a written and verbalcomplaint to the manager that she hadbeen slapped by one of her colleagues.The Equality Officer found that it wasclear that the manager did not knowhow to deal with an allegation of sexualharassment. There was no internalgrievance procedure or code of practiceand the respondent had not introducedany procedures to comply with itsresponsibilities under the EmploymentEquality Act 1998, even though theincident complained of occurred wellover two years after the Act hadcommenced.c) The claimant was a childcare workertaking care of children in an afterschool programme attached to a healthand fitness club. She alleged that shewas sexually harassed by two of hermale colleagues. This was aculmination of a number of incidentsinvolving one of her colleagues whosemother was a manager of the club. Theclaimant had been reluctant to reportthe incidents for this reason and thefact that she was still in a six monthprobationary period.The claimant made a complaint to hersupervisor. The two perpetrators weresubsequently issued with verbalwarnings for “horseplay” but theclaimant did not receive the writtenapology she looked for. Two weeks latershe was dismissed as the respondentclaimed that her sick leave record waspoor, that she had exhibited a lack ofenthusiasm for the job, and thisassessment was made within the termsof the claimant’s probationary periodand that they were entitled to dismissher.A settlement offer made at mediationwas subsequently withdrawn. After thisthe matter was settled directly for asubstantially higher figure.d) The claimant claims that she wasconstructively dismissed from heremployment in circumstancesamounting to discrimination and/orvictimisation, on account of her havingmade a sexual harassment complaint.The claimant commenced employmentas a bus driver under terms where shewas led to believe that after aprobationary period of six months shewould be made permanent. Therespondent denied that the claimant44 • Equality Authority Annual Report 2004

was dismissed and submitted that heremployment was not permanent, thatshe was on a fixed-term contract andthat her employment terminated on theexpiry of the contract.The Equality Officer awarded €10,000 inrespect of the distress caused by thediscrimination and the stress relating tothe necessity to pursue her claim. Theclaimant made a claim ofdiscriminatory dismissal to the LabourCourt. The Labour Court found that theclaimant’s employment was on apermanent basis and was satisfied thatshe was constructively dismissed.The Labour Court was satisfied that thedismissal occurred in circumstancesamounting to victimisation andawarded her compensation of €9,000.2. Pregnancy and Maternity Leavea) The claimant was subjected todiscriminatory treatment from heremployers, including effectivedemotion, following the announcementof her pregnancy and was ultimatelyforced to resign from her employment.Following a hearing on thediscrimination case in the ODEI -Equality Tribunal she was awarded€15,000 in compensation on 11September 2003. The decision wasappealed by the employer.The claimant had also lodged acomplaint of constructive dismissalwith the Labour Court. However beforethe hearing was due to be held therespondents agreed to pay the original€15,000 in compensation plus a further€5,000 as a termination payment.b) An employee who had a position ofresponsibility had this position takenfrom her as a direct result of going onmaternity leave. She was re-instated inthe position following correspondencefrom the Equality Authority. Theemployee also succeeded in obtaining‘progress across the bar’ which she hadpreviously been informed would beaffected because of going on maternityleave.c) A claimant was employed by a firm ofsolicitors and was dismissed because ofher pregnancy. The case was initiated inthe Circuit Court. A substantialconfidential settlement in the region ofa year’s salary plus costs was agreedwith the company.3. Taxation of Discrimination AwardsA significant settlement related to thepractice of the Revenue Commissionersto deduct tax from non pay relateddiscrimination awards.Jacqui McCarthy was awarded €25,000in the Labour Court for hervictimisation case against Dublin CityEquality Authority Annual Report 2004 • 45

Council. Tax and PRSI was deductedfrom the award. Ms McCarthy received€13,871 out of a total award of €25,000.The Equality Authority made acomplaint pursuant to section 24 of the1977 Act, that the respondent had notfully implemented the Labour Courtdecision. The Labour Court decided thatthe issue was not for review undersection 24 of the Act and that it was amatter which should properly be putbefore the Revenue AppealsCommissioners.Subsequently Ms McCarthy raised anassessment with the RevenueCommissioners in relation to thedeductions made and processed thematter through the AppealCommissioners. The matter was settledprior to hearing when the RevenueCommissioners agreed to refund thePAYE and PRSI which was deductedfrom Ms McCarthy’s Labour Courtaward plus interest. The issue wassubsequently regularised by section 7 ofthe Finance Act 2004 which providesthat payments made pursuant to adecision of the Director of the EqualityTribunal and the Labour Court,mediated settlements and specifiedsettlements are exempt from tax(except in relation to payments inrespect of remuneration).A number of other claimants receivedtax rebates.4. Herd NumberThe claimant applied to FÁS for acourse work placement. The criteria forthe course was to have a herd numberand be claiming unemployment benefit.As far as the claimant was concernedshe satisfied the criteria and received 2letters stating that she was acceptedand that she was to start on 27th ofSeptember.The claimant was claimingunemployment benefit in her ownright. The claimant’s husband has aherd number (applicable to farmers).Her husband is part-time farmer andpart-time machine operator.Her husband could transfer the herdnumber to her and she would beeligible if he was claimingunemployment benefit. Because shewas claiming unemployment benefit inher own right, no consideration wasgiven to applying the criteria to her. Shewas informed of the appeal mechanismin FÁS and given information on thelegislation.A letter was received from the claimantstating that she was successful and hascommenced the course.46 • Equality Authority Annual Report 2004

5. Age and GenderThe claimant was employed by thecompany since 1981. Her current rolewas that of Programme Manager. Theclaimant was denied access to anopportunity for promotion. A youngmale programme manager waspromoted in clear breach of the agreedcompany policy concerning promotions.The male programme manager was lessqualified than the claimant in severalvital respects. The claimant had 20years experience in the respondentcompany and had six in programmemanagement.The male programme manager hadnine years service with the companywith three years experience inprogramme management.The claimant made a formal complaintto the company and made reference tothe Employment Equality Act 1998.Thereafter the claimant was subjectedto victimisation. The company’streatment of the claimant resulted in abreakdown in her health and she wasforced to go on sick leave in 2002.The case settled for a substantial sixfigure sum to include an amount inrespect of a personal injury action inthe High Court and a terminationpayment.c) Age Ground1. Brian McLoughlin v Bus Éireann - EarlyRetirement - Indirect DiscriminationMr McLoughlin worked for therespondent as a bus driver for 23 years.He applied for a voluntary severancepackage which was being offered by therespondent as part of an Agreed ChangeProgramme. Before leaving thecompany, he asked to be considered forany vacancies which might occur forpart time work.Following his resignation he applied tothe respondent again for part time workbut was informed that it was not BusÉireann policy to re-employ people whohad taken “early retirement”. Despiteseveral requests to do so therespondent did not explain the basis forthis policy and/or furnish anydocuments outlining the policy eitherto the claimant or to the EqualityAuthority. Statistics requested by theEquality Authority showed that over96% of those who availed of thevoluntary severance scheme were agedover 50.The Equality Officer found that theclaimant had been indirectlydiscriminated against on the ageground. She awarded him €3,000 incompensation and ordered that theEquality Authority Annual Report 2004 • 47

espondent treat any furtherapplication for employment by him inthe same manner as any otherapplicant. She also ordered that therespondent implement an equalitypolicy to take into account theprovisions made by the EmploymentEquality Acts and to effectivelycommunicate the policy to all thosepotentially affected by it includingmanagement and employees. This hasbeen appealed to the Labour Court.2. Seán Clifford v AosdánaThe claimant was a 26 year old artistwho was informed that he was noteligible to apply for membership ofAosdána because he had not yetreached the age of 30. Aosdánadescribes itself as “an affiliation ofartists engaged in literary, music andvisual arts, established by the ArtsCouncil, to honour those artists whosework has made an outstandingcontribution to arts in Ireland and toencourage and assist members devotingtheir energies fully to their art”.Membership of the organisation confersaccess to a grant scheme and a pensionscheme.The respondent argued that it was not abody within the meaning of section 13of the Employment Equality Act 1998and that the Act did not apply to them.The claimant argued that the body was“a professional or trade organisation”.The Equality Officer found that therespondents were covered by the Actand that the age limit wasdiscriminatory. He awardedcompensation of €2,500 to the claimantfor the effects of the discrimination.The rule restricting membership topeople aged 30 had been removed byAosdána prior to the hearing. TheLabour Court overturned this decisionin May 2005.3. The claimant went for an interviewwith a firm of solicitors. When she wasat an interview for a post of legalsecretary the solicitor asked her whatage she was. She replied that she didnot think it was relevant. He insisted itwas and insisted that she answer thequestion. He then proceeded to ask herif she was married. She was verysurprised by that question and said thatshe did not think it was correct to askthat. At that point he terminated theinterview. Both parties agreed tomediation. The firm of solicitorsapologised to the claimant. The matterwas settled and compensation paid.4. An advertisement appeared in thenewspaper on Friday 16th January 2004stating: “My client is seeking anenthusiastic young person looking tospringboard their career”.48 • Equality Authority Annual Report 2004

The Equality Authority requested there-advertisement of this position in anon-discriminatory manner and toensure that no final selection was madefrom the original advertisement. Theadvertisement was re-advertised and noselection was made from the originaladvertisement.5. The Northside People published adiscriminatory advertisement on behalfof Richmond Recruitment seeking“young and dynamic” people for jobs intelesales.After correspondence citing theEquality Authority v Ryanair Case, bothorganisations responded by stating thatthe advertisement was one which hadslipped through the net and bothapologised for the mistake. Theyacknowledged that the advertisementwas discriminatory and agreed to readvertisethe jobs and to review theirpolicies with regard to the proofreadingof future advertisements.6. Hegarty v Hollywood HomeEntertainmentThe complainant responded to anewspaper advertisement of 22ndFebruary 2002 for the position of storeperson which asked interested partiesto phone a staff member. When he hadno further contact after three weeks,the complainant said that he was toldthe position had been filled byinterview. He had expected to be askedfor a C.V. and to attend for interview.The only information he had given washis name, telephone number, age [34]and date of birth and he felt that theonly reason for asking age was toensure an applicant was over 18 years.On contacting the respondent again,the complainant was informed that “alad working for them went for the joband got it”. The respondent said thatinterviews were never held for theposition because of the uncertaintycaused by unrelated litigation. Theadvertised position never materialisedand it felt that it has no obligation tocontact any applicant. For the recordthe respondent said that its existingstore person was born on 6/6/65. TheEquality Officer found that thecomplainant did not satisfactorilyestablish a prima facie case.d) Disability Ground1. A Worker v Donatello’s RestaurantThe claimant is a person with diabetesand had extensive experience workingas a waiter. He responded to anadvertisement for waiting staff forDonatello’s Restaurant and was given atwo week trial. On the evening beforethe last day of the trial period theclaimant experienced a hypoglycaemicEquality Authority Annual Report 2004 • 49

attack caused by low blood sugar levels.He was taken out to the back of therestaurant and given a drink. After afew minutes he declared himself fit toreturn to work but the manager insistedthat he go home. He was asked to comein early the next day.The next day the manager told him that“it was nothing to do with last night”but that he would have to let him gobecause the restaurant was not busyenough and as he was the last in, hewould have to be first to go. Theclaimant was shocked and left therestaurant. After speaking to his wife hebegan to feel that the real reason for hisdismissal was his hypoglycaemicattack. He then returned to therestaurant to ask for pay in lieu ofnotice and any holiday pay he mayhave been entitled to. The respondentrefused to give him any pay andreferred to the fact that his own brotherwas epileptic and could not work in thefamily business either.Two weeks later the claimant noticedthat the restaurant had placed anadvertisement in the local paperseeking waiting staff. The respondentinsisted that the claimant had beenfound to be unsuitable for the job dueto his lateness, abrupt manner and poorwaiting skills.The Labour Court found that theclaimant had been discriminatedagainst on the grounds of his disabilityand ordered that he be paid €4,000 incompensation. It did not accept that theproximity in time between thecomplainant’s diabetic incident and hisdismissal within 24 hours was merecoincidence.2. The claimant was refused employmentas a driver/clerk with his employerbecause of a mild hearing impairment.The employer made no attempt toprovide reasonable accommodation.Proceedings were lodged with the ODEIand following receipt of the EqualityAuthority’s submission on behalf of theclaimant, the respondents agreed tosettle the case for €15,000.3. A claim alleging discrimination on thedisability ground was resolved by asatisfactory explanation when thecompany provided medical evidencethat it had followed proper procedureand could show there were cleargrounds for not giving the position tothe complainant. The claimant wassatisfied with the explanation given; itshowed that the company had done allthat it could do, not to discriminate onthe grounds of his hearing disability.4. The complainant is registered as adisabled person. He has “Sensitivity50 • Equality Authority Annual Report 2004

Allergic Reaction” and has to useadrenalin injections. He completed acourse with FÁS and through them hewas placed with a company in Cork as amaintenance administrator and hadbeen with them for 8 months. Duringthis time he had been claiming hisinvalidity pension.The company suggested that he comeoff his invalidity pension and work forthem. He was reluctant to do that incase it did not work out. The companythen told him that there was a problemregarding insurance cover for him. Hehad worked well for the last 8 monthsand had not had a day sick and he felthe had an exemplary work record.He negotiated a new work title,Maintenance Administrator Purchaserand has a 12 month contract. As he isregistered as a disabled person he isentitled to the services of a supportworker/helper and one has beenappointed by FÁS to work with him.e) Family Status & Religious BeliefGround1. Joyce Fitzsimons Markey v GaelscoilThulach Na NogThe claimant was employed as asecretary at the school from April 2001until March 2002 when she wasdismissed. At the time of her dismissalshe was working five hours per week.The claimant’s children attended theschool at the time. She claimed she wasdismissed because of her family statusand religious belief. She also claimedthat her dismissal was carried out inbreach of procedures contrary to theCode of Practice on Grievance andDisciplinary Procedures.The claimant maintained that the realreason for her dismissal was that theBoard of Management at the schooldecided that it was inappropriate tohave as secretary to the school a personwho was at the same time a parent of achild in the school. This was directlyrelated to the controversy which hadarisen concerning the teaching ofreligion in the school. The Board was ofthe view that in any difficult situation,a conflict could arise between aperson’s duty as a parent and their dutyas a staff member to the school andthat no parent of children in the schoolwould be employed as secretary. Therespondent took the view that it wasthe conflict of interest rather than theparticular controversy that caused themto reach this decision.The Labour Court found that theclaimant was discriminated against onthe family status ground. The bitternessEquality Authority Annual Report 2004 • 51

of the feelings engendered between theparties and the lack of trust andconfidence meant that reinstatement orre-engagement was not an appropriateremedy. The Court awarded theclaimant the sum of €6,500compensation which represented twoyears salary and was the maximumthat could be awarded.f) Family Status & Marital StatusGround1. The complainant was employed as asenior barman for 11 months. At theinterview for the position thecomplainant understood that weekendwork would automatically be includedas part of his duties. He alsounderstood from the interview thatevery few weeks he would have either aFriday and Saturday or Saturday andSunday off together and that he wouldnot be working every weekend. Thecomplainant who is a separated fatherof two children would not haveaccepted the position had he beenrequired to work every weekend.Part-time workers were automaticallyrostered for weekends. The complainantwas refused a day off for father’s daywhich he had requested in order tospend time with his children. He wasvery upset as there was plenty ofstudent staff to cover his shift. Thecomplainant had requested oneweekend off every five weeks to lookafter his children. This request wasrefused and the complainant informedhis employer that he would have tolook elsewhere for a job.Following this incident, thecomplainant found that his workingrelationship with his employer becamemore difficult and he was subjected toderogatory remarks. After this time theroster was changed on a number ofoccasions without notice to thecomplainant. This caused him greatdifficulty as he relied on the roster toarrange a schedule to take his children.The complainant’s employment wasterminated and he was informed thathis family situation was causing a lot ofdifficulty. The case was settled for€4,000.g) Traveller Ground1. The complainant was successful in hercomplaint before an Equality Officerwhen she was refused access toemployment. The complainant wasawarded €6,350 by the Equality Officerin respect of lost employmentopportunities, embarrassment anddistress caused by the discrimination.The employer appealed the decision to52 • Equality Authority Annual Report 2004

the Labour Court. The case and adismissal claim were settled forsubstantially more than the EqualityTribunal award.h) Sexual Orientation Ground1. The complainant attended for interviewwith the company. The complainantwas very happy with her interview. TheManaging Director of the companyadvised her that her CV was the best ofthose received and went on to discusssalary, commission, company car andother conditions of the job and thenoffered her the position. Thecomplainant was happy to accept theoffer of the position. As thecomplainant was leaving, the ManagingDirector asked her whether she wasmarried and she informed that she wasas good as married but that her partnerwas a woman. The claimant wasinformed a week later that she had notgot the job. The company subsequentlydenied that the claimant was asked thisquestion and stated that she profferedthe information herself. It also deniedthat her sexual orientation was not afactor in their decision not to offer herthe job. The case was settled for €8,000.Issues of ConcernIn providing legal assistance in casesunder the equality legislation, the EqualityAuthority has identified a number ofissues of concern in relation to theimplementation of this legislation.1. CostsThe risk of costs being awarded isproving to be a substantial disincentiveto claimants to pursue or defendappeals of the recommendation of theEquality Tribunal under the EqualStatus Act 2000 to the Circuit Court, andin relation to claims to the DistrictCourt under the Intoxicating Liquor Act,2003.2. Anonymity: Right to privacyA reason for reluctance to pursue ordefend appeals of recommendationsunder the Equal Status Act 2000 to theCircuit Court or discrimination claimsin relation to licensed premises in theDistrict Court, is the lack of privacyinvolved and the public nature of thehearing. Hearings before the EqualityTribunal and the Labour Court are inprivate. The names of the parties are onoccasion anonymised (particularly inrelation to disability grounds). Hearingsin the District Court and the CircuitCourt are in public and there is noprovision for the names of the partiesEquality Authority Annual Report 2004 • 53

to be anonymised. The EuropeanConvention on Human Rights mayrequire some degree of privacy /anonymity to be afforded particularly inrelation to claims of discrimination onthe grounds of disability or sexualorientation.3. DelayAn application for assistance to theEquality Authority will take some timeand will invariably mean that theprogress of a claim is delayed pending adecision on assistance being made. Thebacklog of cases in the Equality Tribunalmeans that parties may experiencefurther considerable delay in havingtheir claim heard. Delays of over oneyear in the appointment of an EqualityOfficer are not uncommon. Furtherdelays may occur in the scheduling of ahearing and further delays may againoccur in the delivery of therecommendation. It may take up to twoyears after an application for assistancehas been granted for a hearing to takeplace. Delays of over a year between thedate of hearing and therecommendation are not unheard ofand delays have also been experiencedby claimants where mediation fails. Forexample in one instance a complaintwas lodged in May 2003. The mediationhearing took place in April 2004. Thisproved unsuccessful and a resumptionof the investigation was requested inJune 2004. One year later, no EqualityOfficer had been appointed to deal withthe issue.4. AwardsIt was expected that theimplementation of the Race Directiveand the Framework EmploymentDirective would bring about the removalof the financial ceilings that exist inrelation to the maximum compensationthat can be paid under the EmploymentEquality Act 1998 and under the EqualStatus Act 2000. This removal of ceilingswas not provided for in the Equality Act2004. Low awards can serve as a barrierto pursuing a case in a context of theother barriers outlined above. Concernhas already been expressed about thelow levels of award in cases involvinglicensed premises. This is the secondyear where the Equality Officers havestated that they have felt constrainedby the maximum compensation thatthey can be awarded under theEmployment Equality Act 1998.The level of potential award that maybe available if a claimant is on lowwages often means that it is not aneffective and dissuasive remedy. In the2003 Annual Report of the Equality54 • Equality Authority Annual Report 2004

Authority, concern was also expressedat the potential maximum award thatcan be awarded in an access toemployment case where the claimant isnot earning. Employers continue to beaware that the price of discriminationin these type of cases is quite low. Thisis reflected in a number of thesettlements.5. EnforcementClaimants have experienced a numberof problems in seeking to enforcerecommendations of the EqualityTribunal. These have been described inthe casework report above.6. Failure to RespondWhere a person applies for assistanceto the Equality Authority in bringing aclaim, no decision is usually made untila response has been received from therespondent. Public bodies are often theslowest to respond particularly inrelation to issues where a number ofbodies may be involved. In a number ofinstances the Equality Authority hasreceived no response from state/publicbodies until after the proceedings havebeen issued. The failure to respondincreases the likelihood of litigationand reduces the chances of the matterbeing resolved amicably.7. Requirement to threaten litigationSection 21 of the Equal Status Act 2000requires a potential claimant to notify apotential respondent within twomonths of the incident of the nature ofthe allegation and also the claimant’sintention to seek redress under the Act.The short time limit involved inevitablymeans that the first contact with therespondent has to include a threat oflitigation. This is inappropriate andunhelpful. It usually elicits a defensiveresponse. The requirement to threatenproceedings decreases the likelihood ofmatters being resolved withoutrecourse to litigation.8. Mediation ProcessIt has been the Equality Authority’sexperience and it has also receivedcomplaints to the effect that somerespondents come to mediationhearings with no intention of mediatingthe dispute and would appear to beagreeing to mediation for the purposeof delaying the claim. An abuse of themediation process could be avoided byensuring that a hearing is scheduledpromptly after an unsuccessfulmediation.9. ProceduresIt has been the Equality Authority’sexperience that different procedures areEquality Authority Annual Report 2004 • 55

operated by different Equality Officersof the Equality Tribunal. Section 79(4) ofthe Employment Equality Act 1998allows the Minister to specifyprocedures to be followed in carryingout investigations. The preparation ofsuch rules would allow an opportunityto examine in what ways theprocedures could be evolved to speedup the process and to harmonisepractice without interfering with theunique investigation role of the EqualityTribunal.56 • Equality Authority Annual Report 2004

Representation / Assistance inbringing proceedingsAny individual who considers that s/hehas been discriminated against under theEmployment Equality Acts 1998 - 2004, theEqual Status Acts 2000 - 2004, theIntoxicating Liquor Act, 2003 or that a clubis a discriminating club may apply to theEquality Authority for assistance inbringing proceedings. The EqualityAuthority can institute proceedings in itsown name in a number of instances.The Equality Authority may at itsdiscretion provide legal advice orassistance to a claimant if satisfied thatthe case raises an important matter ofprinciple or if it appears that it is notreasonable to expect a person toadequately present the case withoutassistance. The Equality Authority cannotprovide assistance to everyone whocontacts it and only provides assistance ina limited number of cases.The Board of the Equality Authority hasdelegated the functions of the EqualityAuthority in relation to these matters tothe Chief Executive Officer subject tospecified criteria. The current criteria areset out at appendix 4.40 applications for assistance wereconsidered during 2004, 15 under theEmployment Equality Act 1998, 2 underthe Equal Status Act 2000 and 4 under theIntoxicating Liquor Act, 2003. Oneapplication for assistance under theEmployment Equality Act 1998 wasrefused and four applications forassistance under the Equal Status Act 2000were refused.Employment Equality Act 1998Breakdown of assistance granted asfollows:Gender 2Race 3Disability 2Traveller Community 1Age 3Multiple grounds:Gender/family status 2Gender/race 1Refused 1Total 15Five requests for assistance related toappeals from decisions of the EqualityTribunal to the Labour Court, and onerelates to an appeal on a point of law tothe High Court.Equality Authority Annual Report 2004 • 57

Equal Status Act 2000Breakdown of assistance granted underthe Equal Status Act 2000 by ground:Race 1Traveller Community 5Disability 6Multiple groundsTraveller Community/Race 4Religious belief/Race 1Refused 4Total 21Four related to appeals from decisions ofthe Equality Tribunal to the Circuit Court,two related to enforcement proceedings inrelation to Equality Tribunalrecommendations in the Circuit Court andone related to a judicial review.The Equality Authority institutedproceedings in its own name in twoinstances, one in relation to adiscriminating club (section 8 of the EqualStatus Act 2000) and one in relation to ageneral practice of discrimination – whereit is not reasonable to expect that theperson will refer a claim (section 23 of theEqual Status Act 2000).The number of applications for assistancedo not necessarily reflect the level andextent of work on the files. On occasionthe initial correspondence from theEquality Authority will be sufficient tobring about an early resolution of theclaim. An applicant may decide not toproceed with an application for a numberof reasons, for example if it emerges thatthe case falls outside the criteria or if s/heis advised that the action is unlikely tosucceed.The Equality Authority has identified anumber of issues that act as barriers tocomplainants pursuing their claim. Theseare referred to earlier on page 53 underthe heading Issues of Concern and includethe risk of costs in certain cases, the lackof privacy and anonymity involved insome types of cases, delay and low level ofpotential awards.Intoxicating Liquor Act, 2003Breakdown of assistance granted asfollows:Disability 458 • Equality Authority Annual Report 2004

EQUAL STATUSRecommendations in cases wherethe Equality Authority providedassistanceDisability Ground1. Derek Kelly v Kelly’s LoungeEquality Tribunal. DEC - S2003/161Successful - €250 plus 2 drinks2. Joan Salmon v Para Equestrian IrelandEquality Tribunal. DEC - S2004/002Unsuccessful3. James McClean v The RevenueCommissionersEquality Tribunal. DEC - S2004/016Unsuccessful4. Joan Salmon v Para Equestrian IrelandAppeal of Equality Officer’s decision to theCircuit Court. Circuit Court DecisionSuccessful5. Rita Kwiotek v National University ofIrelandEquality Tribunal. DEC - S2004 - 176UnsuccessfulGender Ground1. Equality Authority v PortmarnockGolf ClubDistrict Court DecisionSuccessful2. Curran v Total FitnessEquality Tribunal. DEC - S2004 - 164Successful - €3,000Membership of the TravellerCommunity Ground1. A Mother & Son v A Secondary SchoolEquality Tribunal. DEC - S2004 - 028Unsuccessful2. Martin Maughan & Theresa McDonaghv Lucan Spa HotelEquality Tribunal. DEC - S2004/032-033Successful - €2,0003. Helen O’Driscoll, Mary Sparling, TeresaMoriarty, Helen O’Brien v Hotel Balor Teo,International HotelEquality Tribunal. DEC - S2004/035Successful - €200 each4. Cawley & McCarthy v Ha’penny BridgeInnEquality Tribunal. DEC S2004/040-041Unsuccessful5. Patrick O’Brien v Foley’s BarEquality Tribunal. DEC - S2004/061Successful6. Michael Hegarty and Richard O’Brien vMolly B’s PubEquality Tribunal. DEC - S2004/068-069=Successful - €300 (Hegarty) + Nocompensation (O’Brien)Equality Authority Annual Report 2004 • 59

7. Patrick O’Brien v Molly B’s PubEquality Tribunal. DEC - S2004/071Successful - No compensation asappropriate8. Michael McDonagh v Ivan’s BarEquality Tribunal. DEC - S2004/067Successful - €5009. Siobhán Hughes and Michael Wardv Mr David Finan, The Music BarEquality Tribunal. DEC - S2004/118-119Successful - €500 (Ward)10. Derek and Bernadette Comiskey,Patrick and Rosemary Stokes v The LoftBarEquality Tribunal. DEC - S2004/124-127Successful - €400, €600, €400, €600respectively11. Rosemary Stokes and BernadetteComiskey v The Pulse Nightclub.Equality Tribunal. DEC - S2004 - 122-123Successful - €500 and €50012. Michael & Margaret McCarthy v TheLaneway BarEquality Tribunal. DEC - S2004 - 145 - 146Unsuccessful13. Ms Anne Mongans v Eileen BarkerEquality Tribunal. DEC - S2004/186Unsuccessful14. Jim and Margaret Cash v MollyHeffernan’s Public HouseEquality Tribunal. DEC - S2004/202-203Successful - €400 and €300 respectively60 • Equality Authority Annual Report 2004

EMPLOYMENT EQUALITYRecommendations in cases wherethe Equality Authority providedassistanceGender Ground1. A Company v A WorkerLabour Court. Determination No. EED041Successful2. Ms A v A GymEquality Tribunal. DEC - E2004 - 011Successful3. Ms A v A Contract Cleaning CompanyEquality Tribunal. DEC - E2004 - 068SuccessfulDisability Ground1. A Worker v Donatello’s RestaurantLabour Court. Determination No. EED043SuccessfulRace Ground1. Massinde Ntoko v CitibankLabour Court. Determination No. EED045Successful2. Aderonke Rasaq v Campbell CateringLtdLabour Court. Determination No. EED048Successful3. Persaud v The Shelbourne HotelEquality Tribunal. DEC - E2004 - 075SuccessfulAge Ground1. Hegarty v Hollywood HomeEntertainmentEquality Tribunal. DEC- E2004 - 015Unsuccessful2. Sean Clifford v AosdanaEquality Tribunal. DEC - E2004 - 046Successful3. Brian McLaughlin v Bus ÉireannEquality Tribunal. DEC - E2004 - 059SuccessfulFamily Status/ Religion Grounds1. Joyce Fitzsimons Markey v GaelscoilThulach Na NogLabour Court. Determination No. EED049SuccessfulRace/Religion Grounds1. Michael Clarke v Quinn DirectInsurance CompanyEquality Tribunal. DEC - E2004 - 056Unsuccessful2. Sid Finlay v Quinn Direct InsuranceCompanyEquality Tribunal. DEC - E2004 - 055UnsuccessfulEquality Authority Annual Report 2004 • 61

Employment Equality Act 1998 - Casework ActivityEmployment Gender Marital Family Sexual Religious Age Disability Race T.C. Mixed TotalEquality Act Status Status Orientation BeliefAccess toEmployment 2 0 0 1 3 8 18 19 5 7 63Access toPromotion 8 0 0 0 0 7 2 0 0 2 19Access toTraining 2 0 0 0 0 0 2 3 0 0 7WorkingConditions 18 2 4 0 1 8 19 54 0 5 111Harassment 3 1 0 0 0 1 6 6 0 5 22Dismissal 13 0 1 0 0 2 9 23 2 8 58Equal Pay 15 0 0 4 0 1 1 8 0 2 31SexualHarassment 15 0 0 0 0 0 0 0 0 0 15Victimisation 4 0 0 0 0 0 0 0 0 0 4Advertising 4 0 0 0 0 3 0 0 0 0 7Advice 4 1 0 0 0 10 3 2 0 8 28EnforcementProceeding 0 0 0 0 0 0 0 1 0 0 1Appeal 0 0 0 0 0 2 0 2 0 0 4Total 88 4 5 5 4 42 60 118 7 37 370Gender BreakdownMale 191Female 172Transgender 0Authority 7Total 370MaleFemaleTrangenderAuthority62 • Equality Authority Annual Report 2004

Employment Equality - Casework Activity 1998 Cont.Geographical BreakdownLeinster* 229Munster 66Connaught 53Ulster 10Outside State 6Unknown 6Total 370Leinster*MunsterConnaughtUlster (part of)Outside StateUnknownReason for Closed CasesResolved to Satisfaction 8Insufficient Grounds to Proceed 19Declined to Proceed 39Won Case 19Lost Case 8Referred to Union 25Complainant taking Case 12Outside Time Limits 6Formally Settled 11Advise Given 30Total 177StatusCurrent - Lodged Equality Tribunal 50Current - Lodged Labour Court 20Current - Lodged Circuit Courts 3Current - Under Investigation in EA 120Closed 177Total 370Equality Authority Annual Report 2004 • 63

Geographical BreakdownLeinster 6Munster 4Connacht 0Ulster 0Outside State 0LeinsterMunsterConnaughtUlster (Part of)Outside StateTotal 10Equality Authority Annual Report 2004 • 65

Equal Status Act, 2000 - Casework ActivityEqual Status Gender Marital Family Sexual Religious Age Disability Race T.C. Mixed TotalAct Status Status Orientation BeliefProvision ofservicesLicensedPremises 0 0 2 1 0 3 19 3 116 1 145Insurance 1 0 0 2 0 22 1 4 2 3 35Shops 1 0 0 0 0 0 2 1 8 1 13Social Welfare 5 4 0 2 0 1 2 4 1 1 20Health Boards 1 0 0 0 0 2 12 12 2 1 30Local Authorities 0 0 0 0 0 0 9 2 13 2 26State Dept.& Bodies 0 0 0 0 0 2 10 9 2 3 26Transport 2 0 0 0 0 3 16 2 0 1 24Banking/Financial 1 1 0 0 1 1 6 0 0 0 10Other 9 1 0 2 2 4 13 9 0 5 45AccommodationPrivate 2 0 1 0 0 0 1 3 4 0 11Public Housing 0 0 0 0 0 0 2 4 13 5 24Education 8 0 0 1 5 1 23 8 18 10 74Registered Clubs 8 0 0 0 0 1 2 0 0 0 11Advice General 3 0 1 0 1 1 5 1 1 2 15Total 41 6 4 8 9 41 123 62 180 35 509The Equality Authority also received requests for assistance in 14 instances in matters which did notcome within the ambit of the Equal Status Act, 200066 • Equality Authority Annual Report 2004

Issues Included in the Previous TableVictimisation 1 in relation to general provision of goods and service matters aboveHarassment 9 in relation to general provision of goods and service matters aboveEnforcement 2 in relation to licensed premisesAppeal 10 in relation to licensed premisesGeographical BreakdownLeinster* 285Munster 146Connacht 50Ulster 13Outside State 9Leinster*MunsterConnaughtUlster (Part of)Outside StateUnknownUnknown 6Total 509Gender BreakdownMale 262Female 204Transgender 1MaleFemaleTrangenderAuthorityAuthority 42Total 509Equality Authority Annual Report 2004 • 67

Equal Status Act, 2000 - Casework Activity Cont.StatusCurrent - Lodged Equality Tribunal 89Current - Under Investigation in EA 132Closed 273Current - Lodged Circuit Courts 15Total 509Reason for Closed CasesWon 25Lost 10Resolved 22Complainant Declined to Proceed 93Lack of Evidence 10Referred to Own Solicitor 10Referred to Support Group 2Outside Time Limits 6Outside Scope of Legislation 5Complainant Taking Case 15Formally Settled 13Representation Refused 6Advise given 56Total 27368 • Equality Authority Annual Report 2004

Enquiries to the PublicInformation Centre 2004

Enquiries to the PublicInformation Centre 2004The Equality Authority has an informationfunction in relation to:• The Employment Equality Acts 1998and 2004• The Equal Status Acts 2000 to 2004• The Maternity Protection Acts 1994and 2004• The Adoptive Leave Act 1995• The Parental Leave Act 1998Information strategies are managedthrough a range of alternative routes.These include:• A voicemail option with FrequentlyAsked Questions (FAQs) for theMaternity, Parental and AdoptiveLeave Acts• Frequently Asked Questions section onthe web site.• The website contact system ofinfo@equality.ie• Provision of materials throughCitizen Information Centres and Cityand County Libraries.• Booklets providing information on allfive pieces of legislation.• Taking telephone calls through thepublic information centre.• Providing information videos on theequality legislation.2004 was a year of considerable legislativechange. The Equality Act 2004 wasenacted which seeks to incorporateEU Equality Directives into the equalitylegislation. The Maternity Protection Act(Amendment) was enacted in October2004. The amendment of the AdoptiveLeave Act progressed through theOireachtas and new parental leavelegislation was introduced in theOireachtas in December 2004.This has required significant work on theEquality Authority information materials.It has also enhanced awareness of thelegislation and demand for theseinformation materials.The Equality Authority commissioned anational media advertising campaign inlate 2004 to inform the general public ofimportant changes introduced by theEquality Act 2004. This has resulted in agrowth in enquiries on the equalitylegislation in early 2005, reversing thedownward trend that emerged in 2004.2004 was the first full year ofimplementation of the Intoxicating LiquorAct 2003, there was also a significantdownturn in enquiries under the EqualStatus Acts, as cases against licensedpremises are now dealt with at DistrictCourt level. The Equality Authority has notEquality Authority Annual Report 2004 • 71

een accorded an information functionunder the Intoxicating Liquor Act 2003.Key Information Statistics:The total number of information querieson the five pieces of legislation rose 4.24%from 10,799 in 2003 to 11,257 in 2004.The total number of publicationsdownloaded from the Equality Authoritywebsite in 2004 was 125,501 compared to65,109 in 2003, an increase of 93%.The number of information queries on theEqual Status Acts fell from 2143 in 2003 to1614 a decrease of almost 25%. Under theEqual Status legislation the greatestnumber of enquiries came from thefollowing grounds: Disability, Age, Race,Gender and Sexual Orientation. The mainissues enquired about include provision ofservice, educational establishments, andaccess to pubs and nightclubs.The number of information queries on theEmployment Equality Acts fell from 3,011in 2003 to 2,621 in 2004, a decrease ofalmost 13%. Under Employment Equalitylegislation the greatest number ofenquiries came from the followinggrounds: Gender, Race, Age and Disability.The main issues enquired about includeworking conditions, access toemployment, harassment and dismissal.Maternity protection, parental leave andadoptive leave legislation made up for62.37% of the total number of enquiries tothe Public Information Centre in 2004 upfrom 52.27% in 2003.The number of information queries on theMaternity Protection Act rose significantly2951 in 2003 to 4375 in 2004, this 48% risewas particularly noticeable in the lastthree months of the year.The number of information queries on theParental Leave Act rose 56.4% from 1604 in2003 to 2509 in 2004.The number of information queries on theAdoptive Leave Act rose by over 33% from104 in 2003 to 138 in 2004.Leave entitlements (almost 20%) andPaternity leave (10%) were the main areasof enquiry under the Maternity legislationwith leave entitlements (33%) and ForceMajeure Leave (14.6%) the main areas ofenquiry under the Parental Leave Act.Leave entitlement accounted for 31% of allenquiries under the Adoptive Leave Act.72 • Equality Authority Annual Report 2004

Queries under the Equal Status Actfor the year 2004Type of query:General Information 379Harassment 21Sexual Harassment 1Access to Pub / Nightclub 106Accommodation 50Reasonable Accommodation 45Access to Shop 37Educational Establishments 126Advertising 7Registered Clubs 29Victimisation 23Transport 12Provision of Service 198Banking / Loans 18Car Insurance 52Health Insurance 19Mortgage Protection 16Best Practice 21Other 454TOTAL 1614By Ground:Gender 101Marital Status 34Family Status 54Age 224Race 127Religious Belief 14Disability 241Sexual Orientation 73Traveller Community 68Not Specified 678TOTAL 1614Regional Breakdown:Dublin 506Rest of Leinster 148Connaught 79Munster 200Ulster (ROI) 31Ulster (NI) 2Not Specified 648TOTAL 1614Equality Authority Annual Report 2004 • 73

Queries under the Employment EqualityAct for the year 2004Type of query:General Information 533Access to Employment 215Access to Promotion 63Equal Pay 92Vocational Training 6Dismissal/Constructive Dismissal 140Working Conditions 261Access to Trade Union 1Harassment 151Sexual Harassment 74Equal Opportunities 40Positive Action 34Job Advertisements 25Bullying 125Victimisation 36Workplace Anti-Racism 74Other 751TOTAL 2621By Ground:Gender 314Marital Status 30Family Status 46Age 239Race 251Religious Belief 28Disability 225Sexual Orientation 24Traveller Community 23Not Specified 1441TOTAL 2621Regional Breakdown:Dublin 983Rest of Leinster 27Connaught 133Munster 253Ulster (ROI) 52Ulster (NI) 2Not Specified 1171TOTAL 262174 • Equality Authority Annual Report 2004

Queries under the Maternity ProtectionAct for the year 2004Type of query:Additional Maternity Leave 160Ante-natal / Post-natal Care 173Leave for Fathers 197Notification 87Public Holidays 169Annual Leave 215Return to Work 181Redundancy 54Leave Entitlements 1004Other (Inside Scope) 556Ante-natal Classes 63Paternity Leave 428Social Welfare Benefit 190Sick While Pregnant 101Time off for Breastfeeding 33Other (Outside Scope) 764TOTAL 4375Regional Breakdown:Dublin 705Rest of Leinster 298Connaught 103Munster 315Ulster (ROI) 54Ulster (NI) 1Not Specified 2899TOTAL 4375Equality Authority Annual Report 2004 • 75

Queries under the Parental Leave Actfor the year 2004Type of query:Force Majeure 367Notification 30Annual Leave 56Public Holidays 32Pay 16General Entitlements 849Broken Leave 137Other (Inside Scope) 330Social Welfare Benefit 8Sick while on Leave 22PRSI Contributions 48Disputes 50Other (Outside Scope) 564TOTAL 2509Regional Breakdown:Dublin 427Rest of Leinster 198Connaught 98Munster 261Ulster (ROI) 37Ulster (NI) 3Not Specified 1485TOTAL 2509Queries under the Adoptive Leave Actfor the year 2004Type of query:Additional Leave 6Certificate of Placement 0Foreign Adoption 4Notification 5Leave Entitlements 43Public Holidays 2Annual Leave 2Return to Work 3Other (Inside Scope) 32Social Welfare Benefit 5Sick while on Leave 0Leave for Foster Parents 1Disputes 0Other (Outside Scope) 35TOTAL 138Regional Breakdown:Dublin 24Rest of Leinster 7Connaught 1Munster 11Ulster (ROI) 2Ulster (NI) 2Not Specified 91TOTAL 13876 • Equality Authority Annual Report 2004

A Thematic Approachto Equality

A Thematic Approachto EqualityThe mission statement of the EqualityAuthority states that‘The Equality Authority is committed torealising positive change in the situationof those experiencing inequality by:1. Promoting and defending therights established in the equalitylegislation, and2. Providing leadership in –• building a commitment to addressingequality issues in practice.• creating a wider awareness ofequality issues.• celebrating the diversity in Irishsociety.• mainstreaming equalityconsiderations across all sectors.’The Equality Authority in implementingits mandate to promote equality ofopportunity and to combat discriminationin the areas covered by the EmploymentEquality Acts 1998 and 2004 and the EqualStatus Acts 2000 to 2004 has organised itswork and resources around the followingthemes:1. Building equality in service provisionthat impacts on the quality of people’slives.2. Contributing to a more accessibleworkplace and labour market.3. Developing initiatives specific to thedisability ground, to the issue of carersunder the family status ground, and tothe issue of racism.4. Supporting the development of effectiveequality strategies at national and locallevel.5. Addressing the specific situation andexperience of those within the ninegrounds faced with additional barriersof poverty and exclusion.6. Maintaining and developing theinternal structures and systems of theEquality Authority.Priority areas of work are identified eachyear under these themes. These serve todirect and integrate the differentfunctions, powers and resources of theEquality Authority.Equality Authority Annual Report 2004 • 79

Theme 1Building equality in the serviceprovision that impacts thequality of people’s livesThe Equality Authority, under this themehas developed a particular focus onstatutory sector service provision, giventhe impact of this sector on the quality oflife for many of the groups that experienceinequality. The Quality Customer ServiceInitiative within the public sector has avaluable focus on equality and diversity.The Equality Authority has worked tosupport this focus on equality within thepractice of customer service byGovernment Departments. Healthprovision and education are two sectorsthat have a key influence on quality of lifefor groups experiencing inequality. TheEquality Authority has prioritised work inthese two sectors. There has been abroader focus in casework developed bythe Equality Authority in relation toservice provision. However there has beena significant number of casefiles inrelation to the public sector.Quality Customer ServiceThe Quality Customer Service Initiativecontinues to be an important strategicpriority for the Equality Authority as itplaces equality as a core dimension toquality service provision. It provides avaluable opportunity to promote equalityand to combat discrimination within theCustomer Service Action Plans andCustomer Charters of GovernmentDepartments, Local Authorities and StateAgencies.Equality/Diversity is one of twelveprinciples underpinning the QualityCustomer Service Initiative in the publicsector. Under the equality/diversityprinciple Civil Service, Department andPublic Service offices commit to ensuringthe right to equal treatment for groupscovered by the equality legislation and toaccommodating diversity so as tocontribute to equality for these groups.The Quality Customer Service WorkingGroup continued to meet during the year.The Equality Authority is a member of thisworking group and also chairs theEquality/Diversity Sub-group. This Subgroupwas established to supportimplementation of the equality/diversityprinciple. The main focus of the QualityCustomer Service Working Group this yearwas supporting Government Departmentsto develop Customer Charters. Guidelineson how to develop Customer Charterswere published by the working group. TheEquality Authority provided an input intothe development of these guidelines inrelation to the inclusion of anequality/diversity dimension to theCustomer Charters.EducationIn the field of education the EqualityAuthority has prioritised a focus on schoolpractice that supports an inclusive school.The inclusive school has a pupilpopulation that reflects the diversity of its80 • Equality Authority Annual Report 2004

local community. It supports participationby this diversity of pupils in all areas ofschool life. It builds a culture that valuesand accommodates diversity across thenine grounds. It achieves outcomes ofpersonal development and educationalcredentials for the full diversity of pupils.This focus on the inclusive school isreflected in Equality Authority initiativesto support an equality dimension withinschool development planning and wholeschool evaluation. It is reflected in thedevelopment and dissemination ofinformation materials to schools and ininitiatives to support a dialogue amongthe various partners in education onequality and education issues. It isreflected in research initiatives to supportknowledge development in relation tothese issues.There has been a significant focus oneducational establishments in thecasework of the Equality Authority. Thishas generated concerns as to the mannerin which schools have been gearing up totheir obligations under the Equal StatusActs. In response to this the EqualityAuthority has sought to build it’sdevelopmental work to support newpractice in schools alongside itsenforcement work.Schools and the EqualStatus Acts - secondedition of this duallanguage publication,in conjunction withthe Department ofEducation andScienceConferenceProgramme for jointconference with IrishMedical Organisation'An Equality DrivenHealth Service -How To Get There?'Access to HealthServices forTranssexual People -Equality Authoritypublication inEquality ResearchSeries

Joint Conference with the Irish NationalTeachers’ Organisation on the Theme ofthe Inclusive SchoolIn March over 230 delegates attended aconference jointly organised by theEquality Authority and the Irish NationalTeachers’ Organisation on the theme ofthe Inclusive School. The event sought toraise awareness in a key sector in theeducation system of the challenges inachieving equality in education and ofhow the model of the Inclusive School canbe used to progress the goal of equality ineducation. The conference drew on theexpertise of teachers and engaged themembers of the INTO in a dialogue on theissues raised by the Inclusive School. Thekey note speaker at the conference was DrFelicity Armstrong, Senior Lecturer inInclusive Education at the University ofLondon’s Institute of Education. Delegatesresponded positively to a set ofpresentations by teachers on practicalinitiatives they had taken. The conferenceproceedings were published in Septemberand distributed to all primary schools.Joint Symposium with the EducationalStudies Association of Ireland on Equalityin School PracticeA specialist symposium, jointly organisedby the Equality Authority and theEducational Studies Association of Ireland,on the topic of equality in school practice,was held in September. Participantsincluded researchers in educationalequality as well a body of teachers whohave particular experience and expertisein equality issues. The participantsaddressed practical issues in relation todeveloping equality practices in schools.Whole School EvaluationThe Equality Authority undertook theinitial stages of a project with theInspectorate in the Department ofEducation and Science on whole schoolevaluation. Whole school evaluation is aninitiative of the Inspectorate that seeks todevelop a holistic approach to evaluationin schools.At primary level, it develops and expandsthe previous Tuairiscí Scoile, while atsecond level it is essentially a newdeparture. In the first stage of the projectthe Equality Authority reviewed reportingtemplates used by the Department ofEducation and Science inspectors in wholeschool evaluations at primary level andprepared a detailed commentary on theequality focus within these templates. Inlight of this, the Equality Authorityundertook to contribute to guidelines forinspectors at both second and primarylevel being prepared by the Inspectorate.It was also agreed that two of the wholeschool evaluations to be conducted in 2005will pilot a specific equality dimension aspart of the evaluation. In the final quarter82 • Equality Authority Annual Report 2004

of 2004, work began on implementingthese elements of the project wereinitiated.School Development PlanningStrategic planning in schools isunderpinned by the requirement in theEducation Act for schools to prepareschool plans. In recent years theDepartment of Education and Science hasestablished two support services – oneeach at primary and post primary levels –on school development planning. Bothsupport services have developed materialsfor schools informing them of their dutiesunder the equality legislation andsuggesting ways in which equalityconsiderations can be included in theschool planning process.School development planning is still arelatively new process and the experienceis that while a number of initiatives havebeen developed (typically based on singlegrounds where an identified need hasarisen), few schools have dealt withequality in a comprehensive way in theirschool planning.The Equality Authority, the SchoolDevelopment Planning Initiative (thesupport service at second level) and theASTI began a project to develop practicalsupports for the effective embedding ofequality in school development planningin a systematic way. The initialpartnership team began meeting anddeveloped a project outline to beimplemented in 2005. The initial focus willbe the development of practical guidancefor schools on including an equalitydimension within school developmentplans.Information bookletFollowing the amendment of the EqualStatus Act with the enactment of theEquality Act 2004, the Equality Authorityand the Department of Education andScience prepared a second edition of theinformation booklet ‘Schools and theEqual Status Act’. The text and designwork was completed in November andDecember 2004, and the informationbooklet is to be printed and distributed toall schools in January and February 2005.Research on equality in education‘Diversity at School’, edited by Dr AnneLodge, Education Department, NUIMaynooth and Professor Kathleen Lynch,Equality Studies Centre, UCD waspublished and launched by the EqualityAuthority.This book had been commissioned by theEquality Authority and was completedduring 2004. Existing data and informationon inequality across the nine grounds ineducation was only to be found in a rangeof studies, theses, journal papers andEquality Authority Annual Report 2004 • 83

eports. This book brings together thisinformation in a systematic format andidentifies those aspects where little or noresearch has been done to date. Thecontributors are drawn from the leadingresearchers in educational equality inIreland. It was published in December bythe Institute of Public Administration andis commercially distributedA second research project in relation tothe education sector was ongoing during2004 - Equality in Access to andParticipation in Education for People withDisabilities / Special Educational Needs –Professor Sheelagh Drudy, Dr. B.J. Spelmanand William Kinsella, EducationDepartment, UCD. This study examinesthe education and support systems whichare necessary to support equality ineducation for students with disabilitiesand / or special needs. It is due forcompletion in 2005.HealthIn the field of health provision theEquality Authority has sought to supportinstitutional systems that reflect equalitycompetence. Equality competentinstitutions are planned and systematic intheir approach to equality. They haveequality policies, provide equality anddiversity training for staff, and implementequality reviews and action plans. Equalitycompetent institutions develop anequality focus in governance. Theyconduct equality impact assessments ofkey decisions, policies or services, theygather and analyse equality data, andorganise a participation in decisionmaking by groups that experienceinequality. The Equality Authority hassought to promote a dialogue amonghealth sector organisations on equalitycompetence. It has sought to work withhealth sector organisations to pilot therange of approaches involved in equalitycompetence. The Equality Authority hassupported casework on allegations ofdiscrimination in relation to the healthsector under both the EmploymentEquality Acts and the Equal Status Acts.Information bookletAn information booklet entitled ‘EqualStatus Acts 2000 to 2004 and the HealthServices’ has been finalised. The pamphletaims to stimulate a focus on the EqualStatus Acts in the health sector. It providesinformation on the Act and identifies thesteps that could be taken to effectivelypromote equality in the health services.The document builds on an ambition anda practice that is already evident in healthservice provision. It introduces andexplores the concept of an equalitycompetent health service organisation.This document will be published andcirculated widely to health serviceproviders in 2005.84 • Equality Authority Annual Report 2004

Equal Status ReviewThe first Equal Status Review was carriedout in the North Western Health Board(NWHB). It is anticipated that this willprovide a model for similar reviews inother health boards and public services inthe future. It was supported by theDepartment of Justice, Equality and LawReform and the Equality Authority. Thisinitiative examined to what extent fiveselected service areas are provided in amanner that accommodates diversity andthe extent to which they can realiseequality outcomes in practice.The review focused on five serviceprovision areas: mental health, generalpractitioners, accident and emergency,maternity and community welfare. Theseservices were identified to ensure that thereview was informed by a balance ofvarious types of service delivery in acuteand community settings.The review had the following objectives:• To examine the policies, practices,procedures and perceptions in theseservice provision areas for their impacton equality in service delivery acrossnine grounds.• To identify any barriers that mayprevent equality outcomes in serviceprovision.• To highlight improvement actions thatcan deliver equality outcomes acrossthe nine equality grounds.• To consult with service providers,service users, advocacy groups, andorganisations representing groupswithin the nine grounds on the impacton equality of these service provisionareas.The review was carried out using anumber of methodologies. These includeda literature analysis of health boardpublications and data, face-to-faceinterviews, questionnaires, consultationsand focus groups. These differentmethodologies were used to explorepolicies, practices, procedures andperceptions for their impact on equality.The perceptions of service users, serviceproviders, advocacy groups andorganisations representing service usersacross the nine equality grounds wereexplored.The outcome of the review was anequality action plan that highlights areasfor development at both corporate leveland at the level of specific services tobetter accommodate diversity andpromote equality. The equality action planincludes steps to create equalitycompetent institutions within the serviceareas reviewed. The implementation of theequality action plan is now beingprogressed within the Health ServiceExecutive - North Western Area.Equality Authority Annual Report 2004 • 85

A report of the process of implementingthe review and of learning from the reviewwill be ready for publication in 2005. Thiswill describe the template used for thereview and how it was applied.ExhibitionsThe Equality Authority provided a standexhibiting its work at the nationalconferences of the Irish MedicalOrganisation in Killarney, of the IrishCollege of General Practitioners in Galwayand of the Irish Nurses Organisation inKillarney.Joint Conference with theIrish Medical OrganisationThe Equality Authority co-hosted aconference with the Irish MedicalOrganisation entitled ‘An Equality DrivenHealth Service – How To Get There?’. Thiswas aimed at medical professionalsincluding practice nurses, managers andstaff, health policy makers, and patientgroups. The conference explored currentgood practice in equality issues within thehealth sector. Examples of good practicewere provided from Consultant’s, GeneralPractitioner’s and Public Health Doctor’sexperiences. Workshops discussed topicsranging from the dignity of employees andclients, equality in decision making andgovernance; meeting a diversity of needsin service provision; and promotingequality in employment. The conferenceexamined the Scottish experience in howequality commitments in the health sectorcan be best reflected in practice. Apresentation was made on the equalitylegislation. The Equality Authority willpublish and disseminate the conferenceproceedings in 2005.Research on Equality inHealth ServicesAccess to Health Services for TranssexualPeople by Eoin Collins and Brian Sheehanwas completed and published in 2004. Thisreport is the first of its kind in Ireland andbreaks new ground by highlighting thehealth issues of this small, marginalisedpopulation. It investigates the legalcontext for transsexual people and thecurrent situation in terms of health careprovision for transsexuals. Mostimportantly, it gives voice to transsexualpeople's views and experiences of healthcare. A series of recommendations aremade to enhance the development ofpolicy and practice in this area.A second research project in relation tothe health sector was ongoing during 2004- Equality in Access to Health and PersonalSocial Services for Lesbian, Gay andBisexual People – North Western HealthBoard. This study examines the extent andnature of challenges to equality of accessto health services in the North Western86 • Equality Authority Annual Report 2004

Health Board area for lesbian, gay andbisexual people and the resulting lessonsfor healthcare policy and practice. Thisstudy will be completed in 2005CaseworkCasework under the Equal Status Actsduring 2004 involved 509 casefiles. Seventyfour of these related to educationalestablishments. This involves 14.5% of thecasefiles and is the second highest area ofcasework after licensed premises. Thehealth boards too were a focus incasework during 2004 under the EqualStatus Act. Thirty casefiles involved healthboards which accounts for 5.9% of thetotal. Overall public sector bodies are asignificant focus for casework. Onehundred and twenty six casefiles underthe Equal Status Act related to the publicsector. The sector accounted for 24.8% ofall casefiles worked on during the yearEquality Authority Annual Report 2004 • 87

Theme 2Contributing to a moreaccessible workplace andlabour marketThe Equality Authority worked, under thistheme, in a range of valuable partnershipinitiatives with the social partners andwith public sector employer bodies tosupport the development of an equalityinfrastructure within enterprises with acapacity to drive planned and systematicapproaches to workplace equality. TheEquality Authority has sought to stimulatethe development of new supports forenterprises to implement such approachesto equality. These supports have beenprovided by employer bodies, trade unionsand by the Equality Authority itself.The Equality Authority has sought toenhance capacity within labour marketmeasures to take account of diversity intheir design and delivery. The EqualityAuthority was involved in joint work witha wide range of statutory agencies thatdeliver these measures. The EqualityAuthority has also worked to supportlearning from projects funded under theEQUAL Community Initiative. Caseworkunder the Employment Equality Acts hasbeen another important stimulus forchange in relation equality at the level ofthe enterprise.Equal Opportunities at theLevel of the EnterpriseThe Framework Committee for EqualOpportunities at the Level of theEnterprise is composed of representativesfrom Congress, IBEC, the Department ofJustice, Equality and Law Reform, theDepartment of Finance, the Health ServiceEmployers Agency, the Local GovernmentManagement Services Board and theEquality Diversity Network. It is convenedby the Equality Authority. The Committeewas formed under the Programme forProsperity and Fairness and has beencontinued under the Sustaining Progressnational agreement. It has been supportedby an annual budget.The Framework Committee has developedfour strands of work.Under strand one, supports are provideddirectly to small and medium sizedenterprises to develop and implementequal opportunities initiatives. Under thisscheme enterprises are provided withfunding for up to five days consultancy toput in place employment equality policiesor to develop and implement equality anddiversity training on foot of guidelinesprepared by the Framework Committee.The enterprises that have participated inthis scheme have come from a range ofsectors including, construction, financialservices, retail services, hotel & catering,manufacturing and non governmentalorganisations. In 2004 funding wasprovided to 83 Small and MediumEnterprises under this scheme.Under the second strand of theprogramme the Framework Committee88 • Equality Authority Annual Report 2004

provides support to assist employernetworks and trade unions to respond tothe challenge to support their members indeveloping and supporting good practicein promoting equality in the workplace.This funding is used by the Committee tostimulate the development of aninfrastructure external to the enterprisethat is supportive of planned andsystematic approaches to equality atworkplace level. The projects funded inthis area in 2004 include:-Three projects implemented by Congress1. A project on supporting trade unions topromote reasonable accommodation ofpeople with disabilities2. The development of guidelines forTrade Union negotiators on harassmentand sexual harassment policies in theworkplace3. The development of guidelines forTrade Union negotiators on lesbian, gayand bisexual rights in the workplaceTwo projects implemented by IBEC1. Production of a video on diversity2. Preparation of a diagnostic tool foremployers in diversity management.Projects were also implemented byBlanchardstown Area Partnership, theHealth Service Employers Agency, theInstitute of Engineers of Ireland, LeitrimPartnership, the North Western HealthBoard and Wexford Area Partnership. TheIrish Hotel and Catering Institute alsocommenced a project.Strand three of the programme involvesthe design, development anddissemination of practical resources.Guidelines for Employment Equality Policies inEnterprises, Guidelines on Equality andDiversity Training in Enterprises, and anonline Directory of Equality in the WorkplaceResources have been produced anddisseminated. Work took place onguidelines on equal status policies and onpositive action in 2004 (these will bepublished in 2005). A new training videoon ‘How to build an equality Infrastructurein the Workplace’ was produced, launchedand disseminated as part of a newEnterprise Equality Information Pack.The fourth strand of the programmeinvolves funding voluntary employmentequality reviews and action plans inenterprises. Enterprises use the funding toconduct a comprehensive examination ofthe policies, practices, procedures andperceptions that operate within theworkplace for their impact on equalityacross the nine grounds and to produce anaction plan to enhance the achievement ofequality outcomes. The FrameworkCommittee supported employmentequality reviews in Dublin City Universityand Dublin Port.Equality Authority Annual Report 2004 • 89

Employment Equality Reviewand Action Plan SchemeEmployment equality reviews and actionplans play an important role in achievingworkplace equality and diversity. They arevaluable tools in developing equalitystrategies for the future in the workplace.They are a key element in planned andsystematic approaches to equality in theworkplace. The review process is guided bya template which was developed by theEquality Authority in 2001. All reviews arecarried out by consultants selected from apanel of people trained by the EqualityAuthority. The review itself is theresponsibility of the organisationconcerned.An employment equality review involves acomprehensive examination of the variouspolicies, procedures, practices andperceptions operating throughout theworkplace. It focuses on the ways in whichthese elements contribute to thepromotion of equality and theaccommodation of diversity in theworkplace. The main areas covered by theemployment equality review include:• Recruitment and selection procedures(e.g. job descriptions, advertising,interviewing)• Working conditions (e.g. staff training,grievance procedures, physicalenvironment)• Management of diversity/equality (e.g.equal opportunities policies, awarenessof equality issues, corporatecommitment to equality)• Data collection (e.g. the data collectionsystem used by the Human Resourcesfunction, data confidentiality, the usethat data is put to).An Action Plan is prepared from thefindings of the employment equalityreview. The purpose of the Action Plan isto set equality objectives and identifyinitiatives, within specified timeframes, toachieve these equality objectives.Employment equality reviewscompleted during 2004 include:• Aer Rianta• University College Dublin• Galway City Partnership• Cope• Exchange House• Dublin Port• Dublin City University• Kerry Education Services• The Irish Aviation Authority• An Bord Pleanala• South Kerry Partnership90 • Equality Authority Annual Report 2004

These reviews were supported by fundingunder the Equality for Women Measure ofthe National Development Plan, the EqualOpportunities Framework Committee andthe EQUAL Community Initiative.A symposium was held in September toexplore the experience of implementingemployment equality reviews. A number ofauditors who had carried out reviews gavepresentations on their experiences of thereview process. This provided an opportunityto explore recommendations for improvingthe review process. A manual to supportorganisations in conducting employmentequality reviews is now being developed bytwo of the auditors on foot of this event.Work Life BalanceThe Framework Committee for Work LifeBalance was established under theProgramme for Prosperity and Fairness (asthe National Framework Committee forFamily Friendly Policies). It continues underthe current national agreement, SustainingProgress. It is chaired by the Department ofEnterprise, Trade and Employment. Itsmembership is made up fromrepresentatives from IBEC, Congress, theDepartment of the Taoiseach, theDepartment of Finance, the Department ofJustice, Equality and Law Reform, theDepartment of Social and Family Affairs andthe Equality Authority.The Committee aims to promote Work LifeBalance at the level of the enterprise. WorkLife Balance arrangements should providemutual benefit to the organisation and itsemployees and should promote workplaceequality.The Equality Authority plays a range of rolesin the operation of the frameworkcommittee. It has responsibility for themanagement of the website, it administersthe panel of consultants scheme andmanages the direct financial assistance(project) scheme. It has supported theorganisation of key events. The EqualityAuthority involvement stems from theimportance that work life balance plays inpromoting equality in the workplace for anumber of the grounds covered by thelegislation.Work Life Balance Day 2004 took place on the1st of March. A public awareness campaignpromoting Work Life Balance for all, includedradio and press ads. Leaflets and posterswere distributed by the Committee and alaunch event was organised in the EqualityAuthority. At the launch seven projects thatreceived funding from the Committee tocarry out projects in the area of work lifebalance were announced. The administrationfor these projects has been managed by theEquality Authority. A total budget of €129,514was provided in 2004. The projects werecarried out by Leitrim County Council, NUIGalway, NUI Maynooth, South West WexfordCommunity Development Project, BallymunEquality Authority Annual Report 2004 • 91

Job Centre, the National Youth Council ofIreland and the Galway Association. Themajority of projects involved examining thecurrent situation relating to work life balancein the organisation and in consultation withstaff, introducing new policies andprocedures in the area.The work life balance website containsinformation on work life balance in Irelandincluding research, descriptions of flexiblework arrangements, guidelines for theintroduction of work life balance workingarrangements, case studies from individualsand organisations and practical workplacetools.The Equality Authority continues to managea consultancy scheme on Work Life Balancein Small and Medium Enterprises on behalfof the committee. This scheme is available toorganisations that employ 250 full timeequivalent employees or less. It providesbetween a half day and three daysconsultancy to successful applicants. In 2004eight organisations received funding underthis scheme.Research on Equality in Labour MarketMeasures and in the WorkplaceThe Equality Authority is implementing atechnical assistance measure under theEmployment and Human ResourcesDevelopment Operational Programme(EHRDOP) of the National Development Plan2000-2006. This is called the Equality StudiesUnit and the measure is required to addressinequality and discrimination in the labourmarket focusing on a number of groupsnamed in the EHRDOP: people withdisabilities, older workers, minority ethnicgroups (in particular refugees) and Travellers.Research, data collection, information andresource development to identify labourmarket inequalities facing these groups andto promote equal opportunities and theaccommodation of diversity in labour marketpolicies and education and trainingprogrammes is supported through the unit.The following research reports werepublished as part of this measure in 2004:Ageing and Labour Market Participation,Dr.Helen Russell and Dr. Tony Fahey, ESRI. Thisreport provides an analysis of the labourmarket situation of older men and olderwomen. Drawing on nationallyrepresentative data, it examines why labourmarket participation falls among olderpeople and where and how this may beinfluenced by public policy.Disability and Labour Market Participation,Brenda Gannon and Professor Brian Nolan,ESRI. This study draws on a number ofnationally representative data sources toprovide an examination of the current labourmarket situation of people with disabilitiesand of the dynamics of disability and labourmarket participation over time. It providesdetailed statistical analysis of the impact ofdisability on labour market participation and92 • Equality Authority Annual Report 2004

places the Irish data in a comparative Europeancontext.A rolling programme of measure studies wasundertaken examining equality policy andpractice in individual EHRDOP education andtraining measures. Three such studies werecompleted in 2004. These were in the followingmeasures:English and Irishleaflets promotingWork Life BalanceDay, March 1st 2004• Department of Education and Science:Lifelong Learning Back to EducationInitiative (Part-time Option).• Fáilte Ireland: Sectoral Entry Training -Tourism.• FÁS: Skills Training for the Unemployed andRedundant Workers - Specific Skills Training.A fourth study also commenced during theyear in the Social Economy Programme (FÁS).A short report on Traveller’s labour marketparticipation based on data collected for thefirst time in the 2002 Census was prepared.This will be published in 2005.A fact file providing key information on olderworkers, people with disabilities, minorityethnic groups and Travellers for thosedelivering labour market programmes wasprepared by the unit during the year. Aninformation pack providing a more detailedtreatment of these issues is also indevelopment. These resources will be publishedin 2005.Ageing and LabourMarket Participation -Equality AuthorityPublication inEquality ResearchSeries

The programme of work under this measurewas supported through technical assistancecontracts with WRC Social and EconomicConsultants and with Fitzpatrick Associates,Economic Consultants.The following research project wascompleted in 2004 and will be publishedearly in 2005.Equality at Work? Workplace Equality Policies,Flexible Working Arrangements and theQuality of Work – Philip J. O’ Connell & HelenRussell, ESRI. This study draws on data froman existing nationwide survey of employeesconducted for the National Centre forPartnership and Performance, to examinethe extent of adoption of formal policies topromote equality in the workplace as well asflexible working arrangements that supportwork-life balance. The report also looks atthe impact of formal equality policies andflexible working arrangements on aspects ofworker well-being – work pressure and stress– as well as on employee attitudes to theirjobs and their employers.Mainstreaming Outcomesfrom EQUALThe Equal Community Initiative is an EUfunded programme which aims to combatdiscrimination and inequality in relation tothe labour market. It has been operationalsince 2002. A key feature of the programmeis its commitment to making an impact onmainstream policy and practice in order toensure better labour market outcomes forgroups experiencing inequality anddiscrimination. The Equality Authority hascontinued its work of contributing to thismainstreaming dimension.2004 was a busy year for EQUAL. Many of the21 projects funded under the first round,concluded their actions and wereimplementing local mainstreaming actions.There was a call for new project proposals inmid 2004. This involved an intensiveselection process. The Equality Authority wasa member of the selection committeeestablished for this purpose.The mainstreaming strategy for EQUALinvolves a three-stranded approach. Thedialogue strand provides an arena where thelearning and good practice emerging fromEQUAL projects is raised with policy makerswith a view to Government Departments andState Agencies reacting to and adoptingsome of the ideas, experiences and practicesemerging under EQUAL. The work of theEQUAL Mainstreaming Policy Group is a keycomponent of this strand. TheMainstreaming Policy Group is made up ofrepresentatives of mainstream public andprivate sector organisations, as wellrepresentatives of the projects. The group isco-chaired by the Department of EnterpriseTrade and Employment and the EqualityAuthority.The second strand seeks to build a widerpublic and institutional consensus behind94 • Equality Authority Annual Report 2004

any change or innovation suggested by theexperience of the project work under theEQUAL Programme. This strand involves thedevelopment of a communication strategyabout EQUAL, the groups that experiencediscrimination and inequality in the labourmarket, and the responses that are beingdeveloped to improve their situation. Thisyear the Equality Authority produced a factsheet on the practical lessons emerging fromthe work of the EQUAL DevelopmentPartnershipsThe third strand of this work involvesworking with mainstream organisations toassist and support them to develop aninstitutional capacity to take on board thelessons emerging from the EQUALProgramme. This was a central component ofthe Equality Authority’s work this year andinvolved the development of links withmainstream providers such as FAS and theDepartment of Social and Family Affairs. It isintended that this will remain a key priorityin 2005. Links to support mainstreamingwithin the private sector were also developedwith the Small Firms Association.The Equality Authority contributed to twoimportant EQUAL events during the year. Thefirst was a mainstreaming engagement eventheld in March 2004. This event providedmainstream policy makers with theopportunity to discuss good practiceemerging with the projects. The secondevent was held in the Helix Centre in DublinCity University in May. Projects were giventhe opportunity to showcase their productsto mainstream policy makers and serviceproviders. The Equality Authority alsocontributed to the launch of a North/Southpublication on ‘Accommodating Diversity.’This is a report of a North/South EQUALconference held during 2003.Supporting an EqualityDimension in StandardsFETAC is the single national awarding bodyfor the further education and training sectorin Ireland. It is responsible for makingawards in further education and trainingthat were previously made by CERT ( nowFáilte Ireland), FÁS, the National Council forVocational Awards (NCVA) and Teagasc. Oneof the main functions of FETAC is thedevelopment of awards and standards. Thisyear FETAC developed their draft Guidelinesfor Quality Assurance in Further Educationand Training.The Equality Authority worked closely withFETAC in ensuring that equality andaccommodating diversity were key themeswithin these guidelines. This was a valuabledevelopment as all further educationproviders who will be offering FETAC awardsto their learners will have responsibilities interms of quality assurance prior tosubmitting programmes to FETAC forvalidation. These responsibilities include anumber of equality commitments such asEquality Authority Annual Report 2004 • 95

the preparation of an equality policy, theprovision of equality training for staff andthe implementation of an equality actionplan.This year FÁS reviewed its ExcellenceThrough People Standard. The EqualityAuthority held a number of meetings withFÁS to advise on the equality aspects of theExcellence Through People Standard. This isIreland’s national standard for humanresource development. The objective of thestandard is to encourage the developmentof employees to their full potential so as tomaximise their contribution to the specificneeds of the organisation. Following inputfrom the Equality Authority, the ExcellenceThrough People Standard includes anequality dimension in the OrganisationSelf Assessment Guidelines. FÁS have alsoagreed to consider equality issues whenthe Standard and Self AssessmentGuidelines are being reviewed in two andone year’s time respectively.Communication InitiativesTraining and promotion initiatives wereundertaken with the Small FirmsAssociation, the Irish Hotel and CateringInstitute, the Chambers of Commerce ofIreland and IPASS (payroll managersassociation).Forum on the Workplaceof the FutureIn October 2003 the National Centre forPartnership and Performance, at therequest of the Government, establishedthe Forum on the Workplace of the Future.The aim of the Forum was to foster indepth debate on how the world of workcan best adopt to competitive pressures,improve the delivery of services andrespond to the changing needs andpreferences of all employees. The EqualityAuthority participated on two workinggroups of the Forum. The submissionmade to the Forum by the EqualityAuthority was published in 2004 andwidely disseminated. In this submissionthe Equality Authority promoted theconcept of the inclusive workplace andhighlighted the importance of plannedand systematic approaches to workplaceequality. The submission made the casethat the ability to mobilise, retain anddevelop diverse sources of labour supplywill be a crucial determinant of the futuregrowth rate of the economy. It also arguedthat workplace policies and practices topromote equality of opportunity, toaccommodate diversity and combatdiscrimination have played, and willcontinue to play, an essential role inmobilising and developing this diverselabour supply.96 • Equality Authority Annual Report 2004

CaseworkCasework under the Employment EqualityActs during 2004 involved 370 casefiles.The race ground involved the highest levelof casefiles followed by the gender ground,the disability ground and the age ground.Most casefiles involved allegations ofdiscrimination in relation to workingconditions followed by access toemployment, dismissal, sexualharassment and harassment, equal payand promotion.Equality Authority Annual Report 2004 • 97

Theme 3Developing initiatives specificto the disability ground, to theissues of carers under thefamily status ground and tothe issue of racismThis theme focuses on the disabilityground, the family status ground and therace and Traveller grounds. A specificfocus on the age ground was alsodeveloped during the year. The EqualityAuthority has developed an integratedapproach to its multi-ground agenda. Thisinvolves initiatives that cover all ninegrounds and that seek to promote andsupport change that is of benefit to allnine grounds. The integrated approachinvolves initiatives that address theintersections between the grounds wherepeople are members of more than oneground. It also involves single groundinitiatives.Single ground initiatives can be necessaryto address issues specific to a ground. Thework on the reasonable accommodation ofpeople with disabilities was developed torespond to the specific provisions onreasonable accommodation of people withdisabilities in the equality legislation.Single ground initiatives can be necessaryto support a visibility for particular groupswithin multi-ground equality strategies.Initiatives were developed in relation tocarers and to older people to support avisibility for their equality agendas. Singleground initiatives can be necessarybecause of a particular societal concernabout a specific issue or because particularopportunities become available for aspecific ground. The work on racism wasdeveloped in response to societal concernat the new visibility, spread and virulencethat had begun to characterise this issue.Reasonable Accommodation ofPeople with DisabilitiesThe Equality Authority continued to workwith an Chomhairle Leabharlanna / theLibrary Council to support a reasonableaccommodation of current and potentiallibrary issues with disabilities. Four libraryauthorities, Cavan, Dublin City, Mayo andKildare, carried out pilot projects tosupport access to library services bypeople with disabilities. A report of theseprojects was published entitled ‘MakingAccess Happen’ and was launched in theNational Library in September by NiallBradley, Manager of Kildare CountyCouncil.The four library authorities develop abroad range of projects:Cavan Library Service• the project involved consultation withlocal disability groups on the building ofa new library premises and ensuringthat the building is accessible.98 • Equality Authority Annual Report 2004

Dublin City Public Libraries• the project aimed to create a culturewithin their libraries that was confidentand competent in providing libraryservices to people with disabilities andwhere diversity is celebrated.Kildare Library and Arts Service• the project sought to empower staffthroughout the service to understandand challenge processes that createexclusion for people with disabilitiesand to eliminate such processes fromthe library authority’s practice.Mayo Library Service• the project involved practical measuresto provide reasonable accommodationof people with disabilities in, inparticular, its dispersed one-personoperated part-time libraries.RGDATA (the representative organisationfor independent retailers) and the EqualityAuthority developed and published abooklet Serving the Community. Thisprovided guidance on reasonableaccommodation of customers withdisabilities in small shops. This bookletprovided information, analysis andpractical advice on providing qualityservice to customers with disabilities, withthe sub-title “It doesn’t take much toaccommodate the needs of customerswith disabilities – here’s how to do it”. Thiswas launched in November with anaccompanying poster for shops to display.A document on reasonableaccommodation of customers withdisabilities in the banking sector is beingprepared by the Irish Bankers Federationand the Equality Authority. A guidancebooklet and sticker on reasonableaccommodation of customers withdisabilities in pharmacies is beingprepared by the Irish PharmaceuticalUnion and the Equality Authority. Thesewill both be launched in 2005.A support committee, consisting ofrepresentatives of a number of nationaldisability groups, was convened by theEquality Authority throughout the year.This provided support and advice on thevarious projects. The committee alsoexplored how to stimulate a demandamong people with disabilities forreasonable accommodation of their needsin different areas where projects werebeing implemented.A joint conference was held with theDisability Law and Policy Research Unit,Faculty of Law, NUI Galway on ‘HumanRights and Disability Discrimination’ inSeptember 2004. This conferenceexamined the implications of theincorporation of the European Conventionof Human Rights into Irish law for thoseseeking legal redress against disabilityEquality Authority Annual Report 2004 • 99

Making AccessHappen - jointpublication withAn ComhairleLeabharlanna/The Library CouncilCaring, Workingand Public Policy -Equality Authoritypublication inEquality ResearchSeriesdiscrimination. It examined other sourcesof European Law that add value todomestic legal protections.CarersAn advisory committee on implementingequality for carers was established by theEquality Authority in March. Its terms ofreference are to provide an overview andanalysis of carers, caring situations andthe policy context for caring, to explore arange of themes relevant to equality forcarers and to identify issues in relation tothese and to make recommendations tothe Equality Authority to contribute toequality for carers. Membership of theCommittee includes GovernmentDepartments, State Agencies, SocialPartners, Carer Organisations andorganisations involving those who arecared for.The carers who are the focus of the workof the committee are those who providehelp and support on an unpaid basis tofamily members, relatives or friends whoneed such assistance because of disability,old age or long-term illness.The work of the committee is covering arange of themes including: employment;health and social care services; income;recognition and valuing of carers andcaring, participation of carers in decisionmakingand social participation. Thecommittee’s report to the Equality

Authority will explore issues in relation tothese themes and will makerecommendations to promote equalitybetween carers and non-carers; betweendifferent types of carers; and for particulargroups of carers. It is expected to becompleted in 2005.A research report on carers andemployment was published by theEquality Authority - Caring, Working andPublic Policy, by Kevin Cullen, SarahDelaney and Petrina Duff, from the WorkResearch Centre, provides a synthesis andappraisal of available data on caring inIreland. It looks at the relationshipbetween caring and labour marketparticipation and discusses availableresearch on the nature of caring and theexperience of those who combine caringand employment. This report presents ananalysis of the needs of carers for servicesand supports to provide genuine choicesin relation to caring and employment andconsiders how such choices are currentlysupported by public policy.RacismAnti-Racist Workplace Week took placefrom the 1st to the 7th of November 2004.The membership of the organisingcommittee includes Congress,Construction Industry Federation, EqualityCommission for Northern Ireland, IBEC,the Small Firms Association, the IrishFarmers Association, the Chambers ofCommerce of Ireland and the Departmentof Justice, Equality and Law Reform. Thecommittee is convened by the EqualityAuthority. Anti-Racist Workplace Weeksseeks to promote workplaces that are freefrom discrimination, that are welcomingto Black and minority ethnic employees(including Travellers), that accommodatecultural and linguistic diversity, thatpromote full equality in practice for Blackand minority ethnic employees (includingTravellers) and that send a message forgreater equality into local communitiesand the wider society. The week provides aspecific moment for employers, tradeunions and employees to take initiativesto acknowledge cultural diversity in theworkplace and to explore issues of racismand interculturalism. It seeks to act as astimulus to long term action to promoteequality within intercultural workplaces.A public awareness campaign took placeas part of the week in November. Thisincluded distribution of posters andleaflets with the title “Together Ireland isWorking – Don’t Let Racism Obstruct Us”.Radio, press and billboard advertisingcarried the same message. The campaignwas supported with funding from theEuropean Union Community ActionProgramme Against Discrimination andfrom the Department of Justice Equalityand Law Reform. A practical resourcedocument entitled Promoting Equality inEquality Authority Annual Report 2004 • 101

Intercultural Workplaces was launchedduring the week. This guidance documentidentifies practical initiatives thatemployers, trade union officials andemployees can take to ensure that fullequality is achieved for all, including inparticular, migrant workers in interculturalworkplaces.Minister Michael McDowell pictured with thepartners in the Anti-Racist Workplace WeekInitiativeAnti-Racist WorkplaceWeek LeafletPromoting Equalityin InterculturalWorkplaces - stepby step guide tosupport organisationsto implement bestpractice and achieveequality in interculturalworkplaces - publishedby Work AgainstRacism partners duringAnti-Racist WorkplaceWeek 2004A booklet for farmers who employ migrantworkers was published, launched anddisseminated by the Irish FarmersAssociation and the Equality Authority.This was entitled “Equality and MigrantWorkers: On the Farm”. The involvementof the Irish Farmers Association waspublicised at the National PloughingChampionships in September 2004.Implementing Equalityfor Older PeopleIn 2002 the Equality Authority published areport on ‘Implementing Equality for OlderPeople’. The National Economic and SocialForum developed an initiative and afurther report to support itsimplementation. During 2004 the EqualityAuthority took further steps to encourageits implementation by developing apartnership with the National Council onAgeing and Older People and the HealthBoard Executive. A ‘Say No to Ageism’Week was organised in October. Thisinvolved a public awareness campaignusing billboards and national and local

adio. The key message was “Life willalways have limits – Age should not beone of them”. The week was launched inthe Equality Authority. A nationalconference was hosted in Dublin. Thetheme of the conference was ageism. Thepapers explored the issue of ageismalongside practices to combat ageism andto promote equality for older people. Therewas a particular focus on good practiceinitiatives developed in the British healthsector to address ageism. The conferencepapers will be published during 2005.Equality Authority Annual Report 2004 • 103

Theme 4Supporting the development ofeffective equality strategies atnational and local levelThis theme focuses on the variousmechanisms that contribute to a moreequal society. These mechanisms includelegislation, equality proofing, equalitydata, and advocacy. They are deployed atnational and local level. They combine toform what has been described by theNational Economic and Social Forum as astrategic framework for action on equality.This framework is defined to includelegislation, institutions, mainstreaming,targeting, participation, agenda settingand monitoring and review.The Equality Authority has workedtowards the further development of thisstrategic framework under this theme.There have been significant developmentsparticularly in equality legislation, equalityproofing and equality data during the year.The Equality Authority has sought tocontribute to these developments.Equality LegislationThe Equality Act 2004The Equality Act 2004 aims to implementthe Race Directive, the FrameworkEmployment Directive and the amendedGender Equal Treatment Directive of theEU. The Equality Authority in itssubmission, recommended that theimplementation should be viewed as anopportunity to level out the hierarchiesthat exist between the discriminatorygrounds and between the EmploymentEquality Act and the Equal Status Act(particularly in the area of exemptions andremedies), to examine the rationale for thenumber and extent of the exemptions, toclarify, rationalise and simplify thestructure of the Acts, and to seekequivalence with Northern Ireland andpromote a more proactive approach toequality.The Equality Act 2004 amends (rather thanconsolidates) the Employment Equality Act1998 and the Equal Status Act 2000. TheEquality Authority welcomed theadditional level of protection afforded todisabled workers, workers over 65, theself-employed, workers employed inprivate households and in the areas ofharassment and sexual harassment.In some respects the Equality Act 2004provides greater protection than requiredby the Directives. For example the newprovisions on the shifting of the burden ofproof and the new definitions of indirectdiscrimination and harassment apply toall of the discriminatory grounds. For thefirst time employers will be able to takepositive action measures to achieve fullequality in practice across all of the ninegrounds. Greater coherence is achievedbetween the two Acts in that thedefinition of discrimination in theEmployment Equality Act 1998 has nowbeen amended to reflect the definition inthe Equal Status Act 2000 to include104 • Equality Authority Annual Report 2004

discrimination by association.However the Equality Act 2004 appears tofall short of the requirements of theDirectives in a number of respects,particularly in the area of remedies,enforcement and scope of exemptions.There are no provisions removing thecurrent ceilings on compensation in nongenderemployment cases and in relationto the ground of race and the Travellercommunity ground, under the EqualStatus Act 2000 and the IntoxicatingLiquor Act, 2003. The Equality Act 2004does not abolish the statutory exemptionin section 14 of the Equal Status Act 2000,or expand the definition of service toencompass all of the scope of the RaceDirective (in relation to the ground of raceand the Traveller community ground).It is regrettable that the Equality Act 2004did not impose a statutory duty on thepublic sector in order to implement, in apractical and effective way, the State’sobligation (under the revised Gender EqualTreatment Directive) to promote genderemployment equality.Increase in Level of ProtectionSection 4 of the Finance Act 2004 exemptsfrom income tax the non pay elements ofcompensation ordered by the EqualityTribunal, Labour Court and paid inmediated settlements and specifiedsettlements.Reduction in level of protectionOne significant and regrettable feature of2004 has been reductions in the level ofprotection against discrimination affordedby the provisions of the EmploymentEquality Act 1998 and the Equal Status Act2000. These reductions in protection haveresulted from amendments in the EqualityAct 2004 and amendments in other piecesof legislation. These latter amendmentshighlight a hierarchy that exists in thelegislation which affords the State inparticular a greater level and potentiallevel of exemption than is afforded to theprivate sector. Section 14 of the EqualStatus Act 2000 provides an exemption forthe taking of any action that is required byan enactment. This section severely limitsthe contribution that the EqualityAuthority can make in relation to claimsof discrimination against public bodies.A. Amendments in other pieces oflegislation(i) Free TravelThe 2003 Annual Report noted the casewhich concerned the refusal of theDepartment of Social and Family Affairs toissue a Free Travel Pass (under the FreeTravel Pass Scheme) to the cohabitingpartner of a gay man. Followingintervention by the Equality Authority theinitial response of the Department was toaccept that the refusal was in breach ofEquality Authority Annual Report 2004 • 105

The Equal Status Acts2000 to 2004 -guidebook coverThe EmploymentEquality Acts1998 and 2004 -guidebook coverthe Equal Status Act 2000 and a Free TravelPass was issued to the partner and bothmen received €1,500 in compensation. Itwas hoped that the Department wouldamend the provisions of this scheme andothers, to ensure that there was nodiscrimination on the grounds of sexualorientation.However, section 19 of the Social Welfare(Miscellaneous Provisions) Act 2004 wasused to amend the Social Welfare(Consolidation) Act 1993 by providing thata person cannot be a qualified adult forthe purposes of such a scheme, unless theperson is a spouse within the meaning ofthe Act. Section 3(12) of the 1993 Actdefines spouse as(a) each person of a married couple whoare living together, or(b) a man and a woman who are notmarried to each other but arecohabiting as husband and wife.The effect of the section is to allow theDepartment of Social and Family Affairs todiscriminate against same sex cohabitingcouples in the Free Travel Scheme, theNational Fuel Scheme, the Part-Time JobIncentive Scheme, the Back to EducationAllowance, the Back to School Clothingand Footwear Allowance, the Back to WorkEnterprise Allowance, the Smokeless FuelsAllowance and the Household BenefitsPackage.

(ii) Residential Tenancies Act 2004The Residential Tenancies Act 2004 alsointroduced discrimination againstcohabiting same sex partners. Section 39allows for the continuation of tenancy onthe death of a tenant in certaincircumstance including “where thedwelling was occupied by a spouse of thetenant or a person who was not a spouseof the tenant but who cohabited with thetenant as man and wife” but not wherethe dwelling was occupied by thecohabiting same sex partner of the tenant.These provisions and the provisions in theSocial Welfare (Miscellaneous Provisions)Act 2004 which deny entitlements may bein breach of the protections afforded bythe European Convention on HumanRights.B. Equality Act 2004(i) Broadening the extent of Section 14The Equality Act 2004 purports tosignificantly reduce the level of protectionthat had been afforded under the EqualStatus Act 2000 to non-nationals inrelation to a very broad range of publicauthorities by extending certain measuresnot prohibited by the 2000 Act.(ii) Age discriminationThe 2003 Annual Report noted the case ofDunbar v Good Counsel College (DEC E-2003-051). The Equality Authority hadprovided assistance to the complainantwho alleged that he had beendiscriminated against on the grounds ofage on the basis of a circular whichprovided that where candidates rankedequal in terms of length of service, thecandidate’s date of birth shall determineseniority. The Equality Officer found thathe had been discriminated against on thegrounds of age. One of the orders made bythe Equality Officer was that therespondent take immediate action, withthe relevant organisations, to identify howit should proceed in future where two ormore candidates are equal in terms ofseniority, following the application of theappropriate circulars etc and that it shouldadopt this as its policy on that issue.The Equality Act 2004 effectively overruledthis finding. Section 23(b) of the EqualityAct amends section 34 of the EmploymentEquality Act 1998 by inserting thefollowing after subsection (7):“Nothing in this Act invalidates any term in acollective agreement, whenever made, to theeffect that in particular circumstances, wherelength of service would otherwise be regardedas equal, seniority in a particular post oremployment may be determined by reference tothe relative ages of employees on their entry tothat post or employment.”This amendment may be in breach of theprovisions of the Framework EmploymentDirective.Equality Authority Annual Report 2004 • 107

(iii) Fees paid by non-nationalsIn a recommendation of the EqualityTribunal, DEC-S2003-042/043, TwoComplainants v The Department of Educationand Science, the complainants stated thatthey separately applied for maintenancegrants from their local VocationEducational Committees under theDepartment of Education and Science’sLeaving Certificate Maintenance GrantScheme but were refused because they didnot hold EU nationality or have officialrefugee status. The respondent sought torely on the fact that they were bothdeemed ineligible for a grant under a‘nationality’ clause which had been part ofthe scheme for a number of years. TheEquality Officer found that the complaintswere not admissible under the Act as thedecision to refuse the applications wastaken in both cases prior to the cominginto force of the Equal Status Act 2000. Heconsidered that a continuingdiscriminatory rule still existed andsuggested that clause 4.4 of theMaintenance Grant Scheme for students(which required candidates to hold EUnationality or have official refugee status)be annulled completely and he alsorecommended that the Department indesigning the grant scheme in future,should take full account of the provisionsof the Equal Status Act 2000.Section 7(2)(d) of the Equal Status Actallows third level institutions to providedifferent treatment in relation toadmission fees paid by persons who arenationals of an EU Member State andpersons who are not. Section 50 of theEquality Act 2004 amends section 7 of theEqual Status Act 2000 by extending theexemption afforded to educationalestablishments to the Minister forEducation and Science thus reversing theimpact of this recommendation.(iv) VictimisationThe new definition of victimisation insection 74 of the Employment Equality Act1998 as amended by section 29 of theEquality Act may provide less effectiveprotection as it restricts the protectionagainst victimisation to actions of anemployer. Penalisation by third partieswhich had been prohibited under the 1998Act, for example unions, may not now becovered.Intoxicating Liquor Act, 2003 - Carryover of Equality Authority’s Powersand FunctionsThe Equality Authority in 2004 sought tohave certain provisions of the IntoxicatingLiquor Act, 2003 amended in the EqualityAct 2004 so that all of the EqualityAuthority’s powers and functions wouldapply to licensed premises (as had beenthe case in the Equal Status Act 2000).108 • Equality Authority Annual Report 2004

The Intoxicating Liquor Act, 2003 containsno provisions in respect of licensedpremises in relation to the followingpowers and functions of the EqualityAuthority (that are present in theEmployment Equality Act 1998 and theEqual Status Act 2000)• To work toward the elimination ofdiscrimination• To promote equality of opportunity• To provide information to the public onthe operation of section 19 and 24 ofthe Intoxicating Liquor Act, 2003• To carry out Codes of Practice, inquiriesand equality reviews• Discriminatory advertising• Procurement of prohibited conductThe Equality Authority is therefore notafforded a statutory function to provideinformation to the public on the operationof section 19 of the Intoxicating LiquorAct, 2003, through its Public InformationCentre, leaflets, videos and website. Thelack of information to the general public isexacerbated by the lack of District Courtrules governing procedures to be followedin making a claim. The Equality Authorityhas received a number of complaints tothe effect that when potential claimantscontact their local District Court office, noinformation is available owing to the lackof District Court rules.Disability Bill 2004 and theComhairle (Amendment) Bill 2004The Equality Authority made a submissionon the Disability Bill 2004 and theComhairle (Amendment) Bill 2004. TheEquality Authority highlighted that theDisability Bill 2004 represents a move awayfrom the inclusive non-hierarchical rightsbased modes that exists in the equalitylegislation. The Equality Authority’srecommendations in the submissionincluded broadening the definition ofdisability, amending section 5 of the Bill toensure the necessary ring-fencing ofresources and to ensure that its provisionsdo not undermine the current legallyenforceable rights under the equalitylegislation. The Disability Bill 2004 shouldstate explicitly that nothing in the Billshall reduce the current liabilities of publicsector employees and service providersunder the equality legislation. Theenforcement mechanisms should build onthe existing equality infrastructure.The Equality Authority also recommendedthe development of a requirement onpublic sector bodies to make reasonableaccommodation for service users withdisabilities (subject to a disproportionateburden) and the imposition of a positiveduty on the public sector to have dueregard to equality in carrying out itsfunctions.Equality Authority Annual Report 2004 • 109

It recommended broadening theprovisions on the assessment of need toencompass the full spectrum of needs,and establishing entitlement in relation toservices provided by public bodies andpublicly funded bodies.In relation to the Comhairle (Amendment)Bill 2004, the Equality Authorityrecommended that the requirement ofproof of harm in relation to access toadvocacy should be deleted. Advocacyservices should also be defined to includecommunity advocacy and communityvisitor programmes.Transsexualism and GenderDysphoriaA legal opinion was furnished to theDepartment of Justice, Equality and LawReform in relation to the situation oftransgender people and people withgender dysphoria in Ireland. Under thecurrent law in Ireland there is no provisionallowing transsexual people to be officiallyrecognised in the gender with which theyidentify. A degree of protection is affordedto transsexual people under theEmployment Equality Act 1998 and theEqual Status Act 2000 particularly in lightof the judgement of the Court of Justicein P v S.It is clear from the developingjurisprudence of the Court of Justice andthe European Court of Human Rights thatan ever increasing level of protection isbeing afforded to transsexual people andthis has implications for the rights of gayand lesbian people as well. Ireland is nowobliged to introduce legislation to givelegal recognition to the position oftranssexual people, including the right tomarry. The Equality Authorityrecommended that legislation to affordlegal recognition to transsexual peoplecould usefully be introduced in a contextof responding to recommendationsalready made by the Equality Authority inrelation to partnership rights for gay,lesbian, bisexual and cohabiting couples. Itrecommended that it would also be usefulto clarify explicitly in both theEmployment Equality Acts 1998 – 2004 andthe Equal Status Acts 2000 – 2004 thatdiscrimination against people with genderdysphoria and/or transsexual peopleconstitutes discrimination on the groundsof sex.To ensure comprehensive protection fortranssexual persons againstdiscrimination under the EmploymentEquality Act 1998 and the Equal Status Act2000, the Equality Authority alsorecommended that it would be necessaryto:a. extend the obligations on employersand service providers to providereasonable accommodation for people110 • Equality Authority Annual Report 2004

with gender dysphoria.b. extend the definition of service in theEqual Status Act 2000 to include thefunctions of the State.c. remove the statutory exemption inSection 14 so that discriminatoryprovisions in other legislation could beopen to challenge by means of theEqual Status Act 2000.Equality ProofingEquality proofing is a key tool inmainstreaming equality within decisionmaking. It seeks to secure outcomes forgroups experiencing inequality byinserting equality objectives into any plan,proposal, policy or programme.Developing equality proofing supports wasa key area of work in 2004. The EqualityAuthority continued to participate in theworking group on equality proofingconvened under the Programme forProsperity and Fairness and SustainingProgress, by the Department of Justice,Equality and Law Reform and wereinvolved in a number of initiatives as partof this working group.A major focus of this work was developingan integrated proofing template whichseeks to bring together equality andpoverty proofing as well as learning fromgender mainstreaming. The integratedproofing template consists of 6 steps:-1. Screening the policy/programmeThis step is to determine whether a policyor programme needs to be subjected to theprocess of integrated proofing. Thescreening relates to the significance of thepolicy/programme in terms ofexpenditure, the change it will bring aboutand its relevance to the target groups.2. Screening the target groupsThis step identifies which target groupsare likely to be affected by the proposedpolicy/programme and therefore should beincluded in the proofing process. Thisscreening process focuses on thirteengroups – gender, marital status, familystatus, age (children), age (youngerpeople), age (older people), disability,religion, sexual orientation, race (includesmigrants), members of the Travellercommunity, people experiencingurban/rural disadvantage and people onlow income.3. DataThis step involves identifying andgathering any relevant data. It involvesidentifying data on the key issues for thegroups in relation to the proposedpolicy/programme. Data on difference isgathered. Difference is defined in terms ofthe situation, experience and identity of agroup. Data in relation to barriers thatcould be experienced by any of the groupsseeking to benefit from theEquality Authority Annual Report 2004 • 111

policy/programme is also gathered.Barriers are defined in terms of access,psychological, information, cost andinstitutional barriers.4. Impact AssessmentAt the Dublin Castle launch of the first accreditedadvocacy course (L to R) Mr Ivor Callely, Ministerof State at the Dept. of Transport, Niall Crowley,CEO, Equality Authority, Leonie Lunny, CEO,Comhairle and Dr Richard Thorn, IT SligoThis step involves analysing the dataidentified in order to establish whetherthe policy/programme being proofed has apositive, negative or no impact on any ofthe groups selected for the proofingprocess. This analysis explores thecapacity of the policy/programme to takeaccount of difference and to address anybarriers.5. Formal ConsultationThis step involves formal consultationwith representative organisations from thetarget groups included in the process toseek and explore views on:-• The data identified• The impact assessment, and• The changes/actions required toaddress any negative impact identified.6. DecisionWhen the policy makers have consideredall the available information received fromfeedback from representative groups, theymake a decision on what changes (if any)are needed to address any negative orneutral impact.

The integrated proofing template as setout above was applied to the draftNational Action Plan against Racism andto the draft of an Expenditure Review ofthe Back to Education Allowance. Theresponsible government departments werethe Department of Justice, Equality andLaw Reform and the Department of Socialand Family Affairs respectively. Theapplication of the template had aparticular emphasis on the impactassessment step. Representativeorganisations from across the identifiedtarget groups were invited to attend ameeting in order to explore the capacity ofthe policy/programme to accommodatediversity and take account of barriers. Forboth exercises a draft agenda and anopening statement were circulated inadvance along with any available drafttext of the plan or review. The openingstatement set out key guiding principlesfor the proofing exercises. The meetingswere jointly chaired by the relevantGovernment Department and the EqualityAuthority. The Equality Authority prepareda note of each proofing meeting whichwas submitted to the relevant Departmentfor consideration in the final drafting ofthe policy/programme.The Equality Authority also worked withthe Department of Enterprise, Trade andEmployment to implement the firstequality proofing exercise on the NationalEmployment Action Plan. This exercisewas confined to the groups covered by thenine grounds of the equality legislationand focused specifically on equalityissues. The approach applied was similarto that used for the integrated proofingpilots.These proofing initiatives supported adialogue between policy makers andrepresentative organisations around keypolicy issues that affect groupsexperiencing inequality. They contributedto a growing acceptance of equalityproofing as a useful part of the policymaking process. Draft policy documentswere further developed on foot of theproofing exercise to take account of issuesthat were raised at the meetings.Equality DataData about the nine grounds is essential tounderpinning effective equality strategies.In 2004, the Equality Authority liaised withthe Department of the Taoiseach, theCentral Statistics Office (CSO) and otherrelevant bodies on a range of equality dataissues.The Equality Authority worked closelywith the CSO on the development of anationally representative survey ofexperiences of discrimination which wasadministered as an additional module inthe third quarter collection of theQuarterly National Household Survey.Equality Authority Annual Report 2004 • 113

Survey participants were asked if they hadexperienced discrimination in a number ofareas such as employment and whenusing services, on what grounds theybelieve they were discriminated againstand the impact this has had on their lives.The survey also investigates participants’knowledge of equality legislation andwhat action, if any, they have taken toaddress discrimination against them.The results will be available from theCSO in 2005.State Sponsored SectorA review of equality initiatives in theDepartment of Arts, Sport and Tourismand in agencies under its aegis wasinitiated by the Equality Authority inpartnership with the Department. In thisproject, each of the agencies under theaegis of the Department of Arts, Sport andTourism, and each section within theDepartment itself, is contributing to anassessment of the development of equalityinitiatives within their remit, on foot ofthe equality legislation and of nationalpolicy commitments. The reviewestablishes a benchmark against whichthe Department and the agencies cancompare themselves at a future date. Thereview looks at policy, practice, planningand positive action, from an equalityperspective and covers all of the activitiesof the agencies or sections. Two stages ofthe project were completed in the year:project initiation (establishment of thesteering group, briefing for participatingbodies and review and modification of thetemplate that had been used in theprevious review in the Department ofJustice, Equality and Law Reform) and datagathering. The data analysis was begun inthe last quarter of 2004.Wider Equal OpportunitiesPrinciple in the NationalDevelopment Plan (NDP)Arising from NDP/CSF Evaluation Unit’s‘Review of the Relevance of NDP/CSFHorizontal Principles to OP Measures’, and thesubsequent decisions taken at Spring 2004NDP Monitoring Committee meetings,three priorities from the Economic andSocial Infrastructure OperationalProgramme, five measures/sub-measuresfrom the two Regional OperationalProgramme, and ten measures from theEmployment and Human ResourceDevelopment Operation Programme wereprioritised for a particular focus onintegrating and reporting on the WiderEqual Opportunities Principle. The WiderEqual Opportunities Principles requires afocus on older people, people withdisabilities, minority ethnic people (inparticular refugees) and Travellers withinthe various measures funded under theNational Development Plan.Following the requirements set out in the114 • Equality Authority Annual Report 2004

NDP/CSF Evaluation Unit’s document, theEquality Authority met with theimplementing bodies with responsibilityfor the specified measures during thesummer of 2004 to conduct measurereviews. These reviews provided anopportunity to work closely with measuremanagers in evaluating how the WiderEqual Opportunities Principle has beenaddressed so far and to consider ways inwhich the principle could be moreeffectively addressed in the future. Anumber of the changes identified in themeasure review meetings by the EqualityAuthority and the implementing bodieshave subsequently been reflected inamendments to measure ProgrammeComplements. In addition as part of thisprocess, a reporting template for the WiderEqual Opportunities Principle has beenagreed and the prioritised measures willbegin reporting in this new format inspring 2005.AdvocacyThe Equality Authority worked with theSligo Advocacy Working Group. The groupdeveloped the first accredited advocacycourse (distance learning). This waslaunched in conjunction with Sligo IT,Comhairle and the Equality Authority. Thisdistance learning course targets peoplewith disabilities or people who aremarginalised in any way. It aims todevelop advocacy skills for use in a rangeof settings and includes a module onequality studies.The Equality Authority continued toprovide training to community basedadvocates through Comhairle and thenetwork of Citizen Information Centres.Training took place on a regional basis andcovered staff and volunteers. It includedissues such as equality legislation, racismand disability rights.Training on equality legislation was also atheme in training courses organised onemployment issues through joint workwith Congress and individual TradeUnions.EU InitiativesThe Equality Authority worked with theEuropean Union Monitoring Centre onRacism and Xenophobia (EUMC). The maintask of the EUMC is to provide theEuropean Community and its MemberStates with objective, reliable andcomparable data on racism, xenophobia,islamophobia and anti-semitism. TheEquality Authority and the NationalConsultative Committee on Racism andInterculturalism acted jointly as thenational focal point of the Raxen networkwhich has been set up by the EUMC. Themain work of the network is the gatheringof information and data in Ireland on thethemes selected by EUMC across theEuropean Union in relation to issues ofEquality Authority Annual Report 2004 • 115

acism and xenophobia. These themesincluded the labour market, legislation,acts of racist violence, policing andhousing.During 2004, the Equality Authorityprepared and published a submission tothe European Commission on their GreenPaper “Equality and Non Discrimination inan Enlarged Europe”. The Green Paper setout the range of initiatives taken by theEuropean Union in pursuit of a more equalEurope. It raised a number of issues thatneeded to be addressed if further progressis to be made on equality across theEuropean Union. The Equality Authoritysubmission highlighted the need for• further EU legislation to bring allgrounds covered by EU equalityDirectives up to a common level ofprotection and provision.• equality mainstreaming across allpolicy areas to mirror the developmentof gender mainstreaming.• EU funding programmes to supportnetworking of specialised equalitybodies and of NGOs, to develop an EUdata strategy, to develop equalitymainstreaming, to support communitysector and trade union advocacy and tosupport new forms of positive action.• an EU wide equality data strategy• increasing stakeholder participationincluding a new forum for dialoguebetween the EU Commission and thespecialised equality bodies.As part of the Irish Presidency of theEuropean Union, the Department of JusticeEquality and Law Reform organised apresidency seminar in Limerick onequality and discrimination issues. TheEquality Authority supported this highprofile and important event, working withthe Department to develop the agenda forthe seminar and making a presentation atthe seminar. A central theme for the eventwas exploring planned and systematicapproaches to equality in employmentand service provision.The Equality Authority participated in thework and development of the EuropeanNetwork of specialised equality bodies.This initially included specialised equalitybodies from Austria, Ireland, Belgium,Northern Ireland, Britain, Netherlands andSweden. It is supported by the MigrantPolicy Group in Brussels. The networkdeveloped a series of conferences on legalthemes to support an exchange ofinformation, experience and best practicebetween the specialised equality bodies.During 2004, the Equality Authority hostedone of the conferences on the theme ofstrategic enforcement and EC equaltreatment directives. This included papers116 • Equality Authority Annual Report 2004

on the concept of strategic enforcement,on positive duties, on legal strategies tocombine and coordinate different legaltools available, on inquiries and on the‘Race’ Directive as a basis for strategicenforcement. The conference wasaddressed by the Minister for Justice,Equality and Law Reform, MichaelMcDowell TD to mark the Irish presidencyof the EU. The proceedings have sincebeen published.The network has now begun a secondphase of work. It has expanded to includespecialised equality bodies from Cyprus,Denmark, Estonia, France, Greece, Italy,Latvia, Lithuania, Norway, Poland, Portugal,Romania, Slovakia and Slovenia. It hasdeveloped four working groups oninformation exchange, strategicenforcement, dynamic interpretation ofthe EU Directives and policy formation atEU level.During 2004, the Equality Authoritycontinued to participate as a member ofthe Advisory Committee on EqualOpportunities Between Women and Men.The committee prepares opinions for theEuropean Commission on the genderdimension to key policy developments.Equality Authority Annual Report 2004 • 117

Theme 5:Addressing the specificsituation and experience ofthose within the nine groundsfaced with additional barriersof poverty and exclusionThis theme focuses on the interfacebetween poverty and inequality. Many ofthe groups covered by the nine groundsare target groups for anti povertystrategies. Many other groups targeted byanti poverty strategies contain a diversityof people from across the nine grounds.The Equality Authority liaised with theCombat Poverty Agency and the Office ofSocial Inclusion in the Department ofSocial and Family Affairs on these issuesand to support a capacity to take accountof and accommodate diversity in antipoverty policies and programmes.ResearchIn 2004 the Equality Authoritycommissioned the following researchjointly with the National DisabilityAuthority:Disability and Social Inclusion in Ireland,by Brenda Gannon and Professor BrianNolan, ESRI. The first phase of this project,which was completed in 2004, comparespeople with chronic illness or disabilitiesand others in Irish society on variousmeasures of social inclusion including:Education; Earnings; Poverty andDeprivation; and, Social Life and SocialParticipation. The research analyses theextent of exclusion in a cross sectionusing existing datasets, the Living inIreland Survey and the Quarterly NationalHousehold Survey, which cover the generalpopulation and which enable people withdisabilities to be separately identified. Thisreport will be published in 2005.The second phase of the research, whichis ongoing, will provide a complementaryinvestigation of the dynamic relationshipbetween disability and exclusion, takingadvantage of the data on the sameindividuals from one year to the next,which is available in the Living in IrelandSurvey. It will investigate how earnings,poverty and deprivation, or socialparticipation are observed to change fromthe reported date of onset of disability orare related to its duration.118 • Equality Authority Annual Report 2004

Theme 6:Maintaining and developing theinternal structures and systemsof the Equality AuthorityThis theme focuses on the internal growthand development of the EqualityAuthority. The work focuses ongovernance, staff and customer serviceissues in particular.GovernanceThe Equality Authority finalised policiesand procedures dealing with: the role ofthe Board; the role of the Chair; the role ofthe CEO; the conduct of Board and staff;and matters reserved for decisionby Board.In relation to the Equality Authority'sfinances, an internal audit was carried outby the Department of Justice, Equality andLaw Reform’s Internal Audit Unit. A riskmanagement strategy was rolled out bythe Equality Authority. An IT audit tookplace towards the end of the year. APurchase Order system under the newfinancial management software packagewas embedded in practice within theorganisation and improvements weremade to reports and information retrievalunder that new software. A compositefinancial management proceduresdocument, which takes account of thenew procedures around the new financialsoftware, was finalised. A business planprogress evaluation project wasimplemented on a pilot basis and progresswas made on the development of a newlegal case tracking database.StaffingThe approved staffing level for theEquality Authority is 53 posts and the yearsaw a decrease in the overall staffcomplement. At the beginning of the yearthere were 54 staff (including six jobsharers)and there were 49 staff (six jobsharers)at the end of the year. The yearalso saw an increase in the staff turnoverwith ten staff leaving in 2004 comparedwith six in 2003.The following staff left in 2004: SeanMcKeown, Noeleen Kelly, Deaglán ÓCaoimh, Suzanne Byrne, Fiona Kealy, FionaJohnson, Paul Cassidy, Greg Heylin, OliviaMcHugh and Morgan McKnight. We wouldlike to thank these former staff for theirimportant contribution to the work of theEquality Authority.The Equality Authority is grateful for theassistance with filling vacancies receivedfrom the Department of Justice, Equalityand Law Reform and the PublicAppointments Service.Staff Training and DevelopmentA training programme for staff wasfinalised by Equality Authority early in theyear. The main priority was trainingidentified for individual staff memberdevelopment as part of the PerformanceManagement and Development System.There was a series of sensitivity trainingEquality Authority Annual Report 2004 • 119

Freedom of Information Requests in 2003 by Types of RequesterTypes of Journalists Business Members of Staff Others TotalRequester Sector Oireachtas of EANumberof Requests 1 2 0 0 3 6courses for staff in relation to the groundscovered by the Employment Equality andEqual Status Acts. Anti-harassment andbullying, customer care and IT trainingcourses figured prominently during theyear, as did training in relation to theprovisions of the Equality Act, 2004.Particular emphasis was placed onpersonal skills/ development training forstaff with courses across a range ofsubjects aimed at enhancing the ability ofstaff to deliver a quality service to ourcustomers. A number of staff attendedmanagement and communications skillstraining courses.Each member of the staff of the EqualityAuthority received an average of over twodays training during the year. The supportreceived during the year from the TrainingSection in the Department of Justice,Equality and Law Reform is muchappreciated.Freedom of InformationThe Freedom of Information Act applies tothe Equality Authority by virtue of theFreedom of Information Act, 1997(Prescribed Bodies) Regulations 2000 (S.I.No. 67 of 2000). The Act asserts the right ofmembers of the public to obtain access toofficial information to the greatest extentpossible consistent with the publicinterest and the right to privacy ofindividuals.A total of six FOI requests were receivedand dealt with during the year. Details ofthe requests are listed above.Web SiteThe Board of the Equality Authoritycarried out a review of communicationtools during 2004. This review identifiedlimitations with the website. Work beganon developing a new website withenhanced navigability and accessibility.This will go live in 2005.120 • Equality Authority Annual Report 2004

Staff of the Authority (December 2004)Chief Executive Niall CrowleyPA to CEO: Orla FogartyAdministrationSectionCommunicationsSectionDevelopmentSectionLegalSectionResearchSectionRichard FennessyÉamon MulliganBríd McGovernRuth DilllonBridget McNultyDenise O'MahonyDeniseMcAndrewAnn ButlerAnn DuignanGavin O'BrienFrank MartinBrian MerrimanPatrick O'LearySandraKavanaghRena SparlingRobert O'ConnorNigel HickeyClara TonerNicola TwamleyAngela KaneBarbara CashenVincent EdwardsCarole SullivanCathal KellyTara CooganTony GalvinAoife JoyceAmandaMcCruddenÉilis Barry (andLegal Advisor toEqualityAuthority)Carol Ann WoulfeSíle LarkinGeraldine HynesAnn LawlerMartina KellyMary CampbellJason McCabeMartin HuntMary MaherRobert ScottLaurence BondAnne TimoneyEileen McGuoneRowena TigheFiona CullinaneSusanne ClearyMary RyanCarolineMcSweeneyEquality Authority Annual Report 2004 • 121

Mailing ListThe Board review of communication toolsalso identified issues in relation to themailing list of the Equality Authority. Acomplete review and expansion of themailing list was undertaken in 2004. Anew access system, staff training, testingthe mailing list and restructuring andadditional categories were all developed.This work will be continued in 2005.EqualityThe Equality Authority’s EqualityCommittee is a cross-grade and crosssectionalcommittee which considersinternal equality issues and focuses oninternal practices and procedures and thevalues they reflect, in accordance with thecommitments in the Equality Authority’sEmployment Equality and Equal StatusPolicies. Meetings of the EqualityCommittee took place throughout theyear.An Employment Equality Policy and EqualStatus Policy continue to be implemented.Under the Employment Equality PolicyDisability Liaison Officers are in place tosupport the integration of staff withdisabilities. Designated Officers have beenappointed to provide advice to staff whofeel discriminated against, bullied,harassed or sexually harassed. Theprogramme of sensitivity training inrelation to discrimination groundsenhances staff capacity to manage, relateto and accommodate diversity. In additionanti-harassment, sexual harassment andbullying training is provided for allEquality Authority staff. The relevant civilservice policy document on sexualharassment and harassment and bullyingis disseminated to staff.Customer ServiceA new Customer Service Action Plan forthe Equality Authority was finalised anddisseminated. This included a new focuson the internal customer. A CustomerService Charter was also prepared andimplemented by the Equality Authority.Customer service skills training wasorganised for staff to assist inimplementing the commitments in thesetwo documents.Stakeholder ParticipationQuarterly meetings are held with nationalcommunity and voluntary sectororganisations to discuss the work andeffectiveness of the Equality Authority.These meetings involve representativeorganisations from across the ninegrounds. Meetings were held withCongress and with IBEC on the work of theEquality Authority.122 • Equality Authority Annual Report 2004

North-SouthCo-operationRegional outreachThree regional events were organisedduring the year in Cork, Kilkenny andLongford. These involved a breakfastmeeting with employers and tradeunionists and morning meetings withrepresentatives of local community andvoluntary sector groups.Prompt Payment ofAccounts Act, 1997The Equality Authority seeks to complywith the requirements of the PromptPayment of Accounts Act, 1997. Allinvoices presented for payment areexamined to ensure they are incompliance. The Equality Authority'sprocedures provide reasonable but notabsolute assurance against material noncompliancewith the Act. During the yearended 31st December 2004 the totalamount of interest paid in respect of latepayments was €449.78 The overallproportion in monetary terms of latepayments to total invoiced payments was3.8%.During 2004 the Equality Authority andthe Equality Commission for NorthernIreland continued their programme ofcooperation. A joint board meeting washosted by the Equality Commission forNorthern Ireland in Belfast. Regularcontact was maintained between thetwo organisations at chief executive andother levels.Joint ProjectsTwo joint projects were worked on during2004. The first involves a study of theimplication of the Belfast Agreementfor the further development of equalitystrategies North and South. The secondinvolves research on good practice inother jurisdictions in securing a visibilityfor gay and lesbian people in the work andservices of specialised equality bodies.It is hoped to publish these initiativesduring 2005.The Equality Authority continued towork with the Equality Commission forNorthern Ireland in the Joint Equality andHuman Rights Forum. This brings togetherthe specialised equality bodies and humanrights bodies in Britain, Northern Irelandand Ireland.Work has developed within the forum toshare experience and expertise on issuesin relation to an equality competenthealth sector. It is proposed to publish thelearning from this exchange during 2005.Equality Authority Annual Report 2004 • 123

An initiative was also taken to engagewith the offices of the British specialisedequality bodies in Wales and Scotland.Work with these groups has focused onmodels for stakeholder participation. Anexchange of experience and expertise isbeing developed on this issue and it isproposed to publish the learning in 2005.The Equality Authority is coordinatingboth these initiatives.Strategic LitigationIn June 2004 the Equality Authority hosteda seminar/workshop on strategic litigationto explore the issues involved in thedecision-making concerning cases whichshould be given assistance by specialisedbodies such as the Equality Authority. Theseminar was attended by a number ofother specialised bodies from the JointEquality and Human Rights Forum andwas facilitated by Colm Ó Cinnéide fromUniversity College London. He exploredthe aims of strategic litigation, the goalsand priorities that could be set, the limitsof strategic litigation and the role ofstrategic litigation in a context ofthe use of other powers available to thespecialised equality bodies.Strategic litigation should be used toadvance the wider goals of the specialisedequality bodies. He suggests that the goalof strategic litigation should be to achievea culture of compliance and education,with the legislation seen to be regularlyutilised. This will assist in the realisationof the core function of the specialisedequality bodies and in particular theelimination of discrimination and thepromotion of equality. Assisting cases willalso enable bodies such as the EqualityAuthority to carry out its other corefunctions. It will acquire the knowledgeand the expertise which will enable it tofulfil its function of providing informationon the operation of the legislation andreviewing the legislation and makingrecommendations for change. He suggeststhat strategic litigation may also be usedto effectively target structural, overlappingand multiple forms of discrimination. Itcan reinforce the importance and visibilityof the core principles of equality anddiversity. It can achieve the maximumextension of existing rights and clarify theapplication of rights in different sectionsand in different contexts. It can establishfirm precedents. It can secure a profile forthe experience of particular groups. ColmÓ Cinnéide has now been commissionedto follow up the seminar with a researchpaper which should be of assistance tospecialised equality bodies in setting goalsand formulating criteria around whichcases to select.124 • Equality Authority Annual Report 2004

Appendices

Appendix 1The publications of theEquality AuthorityInformation PublicationsThe Employment Equality Acts 1998 and2004 -Na hAchtanna um ChomhionannasFostaiochata 1998 agus 2004Information on the Employment EqualityActs. This booklet is available in Irish. Ithas also been translated into the followinglanguages: Arabic, Chinese, Croatian,Czech, French, Lithuanian, Polish,Portuguese, Romanian, Russian, Serbian,Spanish.The Equal Status Acts 2000 to 2004 -Na hAchtanna um Stádas Comhionann 2000go 2004Information on the Equal Status Acts. Thisbooklet is available in Irish. It has alsobeen translated into the followinglanguages: Arabic, Chinese, Croatian,Czech, French, Lithuanian, Polish,Portuguese, Romanian, Russian, Serbian,Spanish.About the Maternity Protection Acts 1994and 2004Information on the Maternity ProtectionActs.Customer Service Action PlanDetails of the commitment, principlesand services of the Equality Authority.Section 15 BookletThis contains information on theEquality Authority’s functions andrecords, as required by the Freedomof Information Act.Equality NewsNewsletter of the Equality Authority.Strategic Plan for the Equality Authority2000-2002This sets out the mission and keyobjectives of the Equality Authorityfor 2000-2002.Strategic Plan for the Equality Authority2003-2005Detailing the mission and key objectivesof the Equality Authority for 2003-2005.Annual Report 2000Available only through our website or atour library for reference. A review of thefirst year of the work of the EqualityAuthority.Annual Report 2001Available only through our website or atour library for reference. Reporting on thesecond year of the work of the EqualityAuthority.Annual Report 2002An account of the third year of the workof the Equality Authority.Annual Report 2003An account of the fourth year of the workof the Equality Authority.Equality Authority Annual Report 2004 • 127

Annual Report 2003 - SummaryA summarised account of the fourth yearof the work of the Equality Authority.Tuarascáil Bhliantúil 2003Irish-language account of the fourth yearof work of the Equality Authority.Achoimre ar an Tuarascáil Bhliantúil 2003Irish-language summarised accountof the fourth year of work of theEquality Authority.Guide to Equality and the Policies,Institutions and Programmes of theEuropean UnionDocument aimed at providing informationon the broader picture of promotingequality and combating discriminationin the European Union.Schools and the Equal Status Act -Na Scoileanna agus na hAchtanna un StádasComhionannBooklet outlining the main featuresof the equality legislation as it affectsprimary and second-level schools andidentifying ways in which an inclusiveschool can be created.Equality and DiversityJoint publication of the Equality Authorityand the Irish Centre for European Lawproviding an important analysis andcritique of the EU Equality Directives andtheir implications for Irish equality law.Making Access HappenThis is a joint publication by the EqualityAuthority and An ChomhairleLeabharlanna. ‘Making Access Happen’explores practical initiatives to reasonablyaccommodate library users withdisabilities. It is based on four pilotprojects in the library sector in Cavan,Dublin, Kildare and Mayo. These projectstested out new approaches to ensuring thelibrary service is relevant and accessible topeople with disabilities.Library AccessThis joint publication of the EqualityAuthority and An ChomhairleLeabharlanna (The Library Council)identifies a wide range of initiatives tosupport access for people with disabilitiesto public libraries and their services.Serving the CommunityThis is a joint publication of the EqualityAuthority and RGDATA (the representativeassociation for independent groceryoutlets nationwide). ‘Serving theCommunity’ is a guide for shops onproviding a service to people withdisabilities. It encourages retailers to makereasonable accommodation for customerswith disabilities, which is a requirementunder the Equal Status Acts 2000 and 2004.The Inclusive SchoolThis publication brings together thecontributions of a conference hosted by128 • Equality Authority Annual Report 2004

the Irish National Teachers Organisationand the Equality Authority in March of2004 and offer a broad range of insightsinto how best to meet the challengesposed by the work of creating the inclusiveschool.VideosSince the introduction of the Equality Act2004, information videos about thelegislation are currently being updated.A new training video is available entitled‘Quality through Equality - how to buildan equality infrastructure in theworkplace’. This is a training video forpersonnel managers and other executivestaff charged with implementingequality policies.The Employment Equality Acts 1998 and2004 (ISL Version)An information video in Irish SignLanguage about the legislation is availablefrom the Equality Authority.The Equal Status Acts 2000 to 2004 (ISLVersion)An information video in Irish SignLanguage about the legislation is availablefrom the Equality Authority.Research PublicationsEquality at Work? – Workplace EqualityPolicies, Flexible Working Arrangements andthe Quality of Work. (By Philip J.O’Connelland Helen Russell, Economic and SocialResearch Institute, 2005). This publicationmeasures the impact of equality policiesand flexible working arrangements onwork pressure and stress, on jobsatisfaction and organisationalcommitment, and on employees’ earningsand autonomy.Disability and Social Inclusion in Irelandby Brenda Gannon and Brian Nolan, ESRI.People with disabilities face many barriersto full participation in society. This reportsets out to examine gaps in participationbetween disabled and non-disabledpeople. Through detailed analysis of thedata already collected in the QuarterlyNational Household Survey, the authorsexplore the situation of people withdisabilities or chronic illnesses withrespect to education, earnings, povertyand social participation.Investing in People (by Hugh Fisher)Available only through our website or atour library for reference.Family-friendly work arrangements insmall and medium sized enterprises.Building the Picture (by Ursula Barry)The role of data in achieving equality.Partnership Rights for Same-Sex Couples(by John Mee & Kaye Ronayne)The discrimination caused by the nonrecognitionof Gay & Lesbian Partnerships.Equality Authority Annual Report 2004 • 129

Research Project on the EffectiveRecruitment of People with Disabilities intothe Public Service 2000 (by Pauline Conroy& Sarah Fanagan)Commissioned in order to researcheffective recruitment strategies for peoplewith disabilities into the Public Servicein relation to the 3% disabilityemployment target.Equality Research Database (by Ursula Barry& Áine McCarthy)A resource for those seeking to promote,design and implement the changesneeded to enable society to progresstowards greater equality.Promoting an Intercultural Workplace:Examples of Good PracticeCase studies of good practice towardscreating an anti-racist workplace.Migrant Workers and their ExperiencesResearch into the situation of migrantworkers, based on interviews with anumber of such employees.Poverty and InequalityA publication aimed at contributing to awider understanding of the links betweeninequality and poverty and to a bettercapacity to assess the impact of policieson poverty and inequality.Re-thinking Identity -The Challenge of DiversityThis joint research publication of thehuman rights and equality bodies inGreat Britain, Ireland and Northern Irelandseeks to support new thinking on equalityissues and advance the establishment ofincreasingly effective equality strategies.Delivering Equal Opportunities at the Levelof the Enterprise - Experience and ChallengeThis documents the work andachievements of the Equal OpportunitiesFramework Committee over the past threeyears. It highlights projects funded torespond to the need to build a widerspectrum of supports for enterprises topromote equality. It sets out materialsdeveloped to support enterprise to combatdiscrimination and promote equality ina planned and systematic manner.Promoting Equality of Opportunity inSmall and Medium Sized EnterprisesThe research identifies the particularbarriers faced by small and medium sizedenterprises to build a work environmentthat supports equality of opportunity, aswell as outlining the elements for a strategythat could begin to dismantle these barriers.Minority Ethnic People with Disabilitiesin IrelandThis research describes the identity,experience and situation of minorityethnic people with disabilities, as well130 • Equality Authority Annual Report 2004

as giving voice to their concerns andperceptions.Accommodating Diversity in LabourMarket ProgrammesInformation from eight different researchprojects carried out by the Equality StudiesUnit of the Equality Authority into thelabour market concerns of older people,people with disabilities, Travellers andminority ethnic people.EqualityNewsWinter 2004Anti-Racist Workplace Week 2004Equality in Practice at Silver SpringsCaring, Working and Public PolicyUpdate: Disability BillEquality NewsWinter 2004Travellers’ Experiences of LabourMarket ProgrammesResearch detailing barriers Travellersexperience in accessing labourmarket programmes and makingrecommendations on their designand delivery.Equality NewsSummer 2004Ageing and Labour Market Participation(By Helen Russell and Tony Fahey, January2004.) Ageing and Labour MarketParticipation provides a clear and timelyinsight into the labour market situation ofolder men and women. It draws on datathat has been available, but underutiliseduntil now, to develop a knowledge basethat should inform and shape labourmarket policy and practice. It is hoped thatthe issues identified in this report willshape new responses to the aspirations,experiences and situation of older peoplein relation to the labour market.EmploymentInformation Pack

Diversity at School(Edited by Anne Lodge and KathleenLynch, December 2004.) This Publicationprovides an important and timely focus onequality issues in the area of education. Itpresents an overview of some of the keyaspects of equality in schools and othereducational institutions across the ninegrounds.The contributors draw on a wide range ofsources and research on equality andeducation.Access to Health Services for TranssexualPeople(By Eoin Collins and Brian Sheehan,December 2004.) This report highlights theunderdeveloped nature of the healthtreatment and supports available totranssexual people. It is unique in the Irishcontext. It explores for the first time theperspectives of transsexual people on theiraccess to health services. It examinespolicy and provisions in the health sectorin providing treatment and support totranssexual people.Caring, Working and Public Policy(By Kevin Cullen, Sarah Delaney andPetrina Duff, July 2004.) This reportexplores the choices to be made betweenthe caring roles, paid employment and acombination of both. It is the first majorexamination of the relationship betweencaring and employment in an Irish contextand breaks valuable new ground in thisregard.Disability and Labour Market Participation(By Brenda Gannon and Brian Nolan,January 2004.) This study has beenprepared as part of the work programmeof the Equality Studies Unit. It provides aclear and timely examination of thecurrent labour market situation of peoplewith disabilities and looks at the dynamicsof disability and labour marketparticipation over time. It aims to providea basis for evidence based policy andpractice that is capable of achieving a newlabour market inclusion for people withdisabilities.Policy PublicationsEquality Authority Position on theNational Action Plan for Social InclusionIdeas for addressing the significantinterface between equality and povertyin a more effective way over thecoming years.Towards a Vision for a Gender Equal SocietyEstablishing a framework in which societycould elaborate a vision of gender equalityand identifying the key areas requiringchange within that framework.Equality and EducationProceedings of the Joint Equality Authority/ ASTI Conference for Second LevelTeachers held on 29th September 2001.132 • Equality Authority Annual Report 2004

Charting the Equality Agenda(by Katherine Zappone)A report which analyses the challengeof delivering equality in Ireland, Northand South. It develops a frameworkfor equality strategies reflecting thebroad scope of the equality agenda inboth jurisdictions.Implementing Equality for Lesbians, Gaysand BisexualsRecommendations for action to addressgay, lesbian and bisexual disadvantagein such areas as partnership rights,education, youth services, health,community development, violence/harassment and the workplace.Implementing Equality for Older PeopleA report which identifies the problem ofageism, challenges the exclusion of olderpeople and seeks change in their situationand experience.Building an Intercultural SocietySubmission of the Equality Authorityregarding the preparation of a NationalAction Plan Against Racism.Towards a Strategy for Equality DataProceedings of the Joint Equality Authority;National Economic and Social Council(NESC)/Department of the TaoiseachConference on the need for an equalitydata strategy held on 7th March 2002.Review of discriminatory grounds coveredby the Employment Equality Act 1998Available only through our website or atour library for reference.Recommendations of the EqualityAuthority arising out of its experience of,and learning from, the implementation ofthe Employment Equality Act, 1998 sinceits commencement in October 1999.Mainstreaming Equality: Models for aStatutory DutyProceedings of the Conference held on27th February 2003 and organised by theEquality Authority in association with theDisability Rights Commission UK, EqualOpportunities Commission UK,Commission for Racial Equality UK,Northern Ireland Human rightsCommission, Equality Commission forNorthern Ireland and Irish Human RightsCommission.Building an Inclusive WorkplaceThe establishment of the Forum on theWorkplace of the Future provides avaluable opportunity for the EqualityAuthority to draw together the lessonsfrom our work, since the establishment in1999, for workplace equality. Thissubmission is a joint initiative betweenthe Equality Authority and the NationalCentre for Partnership and Performance.Codes of PracticeCode of Practice on Sexual Harassmentand Harassment at WorkGiving practical guidance to employers,Equality Authority Annual Report 2004 • 133

employers’ organisations, trade unionsand employees on the prevention of,and procedures for dealing with, sexualharassment and harassment.Good Practice PublicationsTowards Age Friendly Provision of Goods andServicesThe National Council on Ageing and OlderPeople and the Equality Authority havedeveloped a booklet as part of "Say No toAgeism Week" with the aim of providingpractical guidance to organisations on thethe steps they could take to help ensurethat they provide goods and services in amanner that is age friendly.Promoting Equality in InterculturalWorkplacesMigrant workers have a significantpresence in the workplace across a broadrange of sectors. The ethnic diversity theybring to the workplace is further enhancedby the presence of other black andminority ethnic employees (includingTravellers). This publication identifies keypractices to be implemented under eachdimension of this framework for action.Community Pharmacies Serving People withDisabilitiesThis is a joint publication of the EqualityAuthority and the Irish PharmaceuticalUnion which provides guidance topharmacies on how to enhance services tocustomers with disabilities by providingreasonable accommodation and takingsteps to ensure access.Positive Action for People with DisabilitiesAssisting Public Sector Bodies to achievethe 3% Employment Target.Anti-Racism Resource PackAvailable only through our website orat our library for reference. Resource packsuggesting measures to combat racism inthe workplace.Guidelines for Employment EqualityPolicies in EnterprisesA practical step-by-step “how to” guide toestablishing an employment equality policy.Framework for the Development of EqualOpportunities at the Level of the EnterpriseLeaflet describing the ways in which theFramework Committee assists in thedevelopment of equal opportunity policiesand practicesin enterprises.An Introduction to Family Friendly WorkingArrangementsThe ways in which workers can be helpedto combine their employment with theirfamily life, caring responsibilities andpersonal life outside the workplace.Guidelines on Equality and Diversity Trainingin EnterprisesOffering practical guidance aimed atensuring that equality and diversitytraining achieves maximum impact.134 • Equality Authority Annual Report 2004

Towards a Workplace Equality InfrastructureAn overview of the equality infrastructurein organisations with special referenceto minority ethnic workers includingmembers of the Traveller community.Disability Resource PackPositive Action for the Recruitment andRetention of People with Disabilities inthe State Sector.Reasonable Accommodation of Peoplewith Disabilities in the Provision ofGoods and ServicesA booklet that supports service providersin the reasonable accommodation ofpeople with disabilities as a simple andeasily achievable part of a qualitycustomer service.An Equality Proofing Template for theCity and County Development BoardsProviding the City/County DevelopmentBoards with a practical template tosupport them and their constituentpartners to equality proof their plans.Equality Commitments in City/CountyDevelopment Board Strategy PlansA mapping exercise that captures someof the core elements of the City/CountyDevelopment Board Strategy Plans interms of targeting, mainstreaming andbuilding a local equality infrastructure.Equality Impact Assessment: InitialGuidelines for the City and CountyDevelopment BoardsA step-by-step approach to an equalityimpact assessment that can be appliedby the City/County Development Boards.Achieving Equality in InterculturalWorkplaces (by Patrick Taran andAugust Gachter)Approaches that enterprises shoulddevelop to combat and prevent racismin the workplace.Promoting Equality in InterculturalWorkplacesA guide to practical workplace initiativesto combat racism and promote equalityfor Black and minority ethnic workers(including Travellers).Equality Authority Annual Report 2004 • 135

Appendix 2Representation onPolicy CommitteesRepresentationNational Men’s Health Strategy workinggroup - Tara CooganSteering Group of the Department ofEducation and Science’s EducationEquality Initiative in adult and communityeducation - Cathal KellyAdvisory Group established by theNational Office for Equity of Accessto Higher Education - Cathal KellyDepartment of Enterprise, Trade andEmployment Expert Advisory Group onBullying and the Resulting Stress in theWorkplace - Barbara CashenWorkway National Steering Committee -Aoife JoyceNorthside Partnership DisabilityEmployment Taskforce - Aoife JoyceRTE Audience Council - Patrick O’LearyNational Centre for Partnership &Performance - Laurence Bond,Niall CrowleyNational Disability Authority ResearchAdvisory Committee - Laurence BondNDP/CSF Equal Opportunities and SocialInclusion Co-ordinating Committee -Laurence Bond, Niall CrowleyEqual Mainstreaming Policy Group -Laurence Bond, Carole Sullivan, NiallCrowleyNDP Gender Equality Unit ManagementCommittee, Dept of Justice, Equality & LawReform - Laurence BondSteering Group for the Development of aWebsite for Schools under CSPEProgramme - Patrick O’Leary, Nigel HickeyGender Equality Unit ManagementCommittee, Dept. of Education andScience - Laurence BondSouthern and Eastern RegionalOperational Programme NDP MonitoringCommittee - Cathal KellyAdvisory Group to the National Office forEquality of Access to Higher Education -Cathal KellyEducation Equality Initiative SteeringGroup, Further Education Section,Department of Education and Science -Cathal KellyForum on the Workplace of the Future -Laurence Bond, Niall CrowleyCS0 Census Advisory Group -Laurence BondNDP/CSF Evaluation Unit - Steering Groupfor Review of Horizontal Principles Process- Laurence BondSteering Group for Research into theGender Pay Gap for Graduates, Dept. ofJustice, Equality & Law Reform -Laurence Bond136 • Equality Authority Annual Report 2004

National Council on Ageing and OlderPeople - Ageism Consultative Committee -Fiona JohnstonNAPS Social Inclusion Consultative Group -Laurence Bond, Niall CrowleyThe Inclusive School -Proceedings of theJoint Conference ofthe INTO and theEquality AuthorityNAPS Technical Advisory Group -Laurence BondData/Statistics Strategy Liaison Network,Department of Taoiseach -Laurence BondSteering Group on the Development of anAccredited Course on Advocacy Studies -Patrick O'LearyEquality AuthorityCustomer CharterDepartment of Justice, Equality andLaw Reform Working Group on EqualityProofing - Niall Crowley, Patrick O'Leary,Carole SullivanEmployment Equality Committee,Law Society - Geraldine HynesBuilding a StrategicFramework forEquality at EuropeanUnion Level -submission byEquality Authorityto EuropeanCommission

Appendix 3Equality Authority JointInitiatives in 2004The Equality Authority wishes toacknowledge the partnership andcontribution of the following public,private, community and voluntary sectorbodies and non-governmentalorganisations in the initiatives undertakenin 2004.An Comhairle Leabharlanna/The LibraryCouncilAssociation of Secondary Teachers inIrelandBallymun Job CentreBlanchardstown Area PartnershipCavan Library ServiceCentral Statistics OfficeChambers of Commerce of IrelandCitizens Information CentresCombat Poverty AgencyComhairleConstruction Industry FederationCork Area PartnershipDepartment of An TaoiseachDepartment of Arts. Sport and TourismDepartment of Education and ScienceDepartment of Enterprise trade andEmploymentDepartment of FinanceDepartment of Health and ChildrenDepartment of Justice Equality and LawReformDepartment of Social and Family AffairsDisability Law and Policy research UnitNUI GalwayDublin City Public LibrariesDublin City UniversityEducational Studies Association of IrelandEquality Commission for Northern IrelandEquality and Diversity NetworkEU Monitoring Centre on Racism andXenophobiaEuropean Network of Specialised EqualityBodiesFailte IrelandFÁSFETACGalway AssociationHealth Service Employers AgencyInstitute of Engineers in IrelandInstitute of Public AdministrationIPASSIrish Bankers FederationIrish Business and EmployersConfederationIrish College of General Practitioners138 • Equality Authority Annual Report 2004

Irish Congress of Trade UnionsIrish Farmers AssociationIrish Hotel and Catering InstituteIrish Medical OrganisationIrish National Teachers OrganisationIrish Pharmaceutical UnionKCAN - Kilkenny PartnershipKildare Library and Arts ServiceLeitrim County CouncilLeitrim PartnershipLocal Government Management ServicesBoardLongford Area PartnershipMayo Library ServiceNational Centre for Partnership andPerformanceNational Consultative Committee onRacism and InterculturalismNational Council on Ageing and OlderPeopleNational Disability AuthorityNational Youth Council of IrelandNorth Western Health BoardOffice of Social InclusionRGDATASligo Advocacy Working GroupSligo Institute of TechnologySmall Firms AssociationSouth Wexford Community DevelopmentProjectThe School Development PlanningInitiativeWexford Area PartnershipEquality Authority Annual Report 2004 • 139

Appendix 4Criteria for beinggranted representationThe following criteria govern the selectionof casefiles for the provision of legaladvice and assistance. They are currentfrom the 18th November 2003.Applications for AssistanceApplicants may apply to the EqualityAuthority for assistance in takingproceedings under the EmploymentEquality Acts 1998 and 2004, the EqualStatus Acts 2000 and 2004, or Section 19 ofthe Intoxicating Liquor Act 2003, (pursuantto section 67 of the Employment EqualityAct, 1998 as amended by paragraph 1 ofthe schedule to the Equal Status Act, 2000,and Section 19(7) of the IntoxicatingLiquor Act, 2003).DecisionThe Chief Executive Officer (or otherperson delegated by the Board) considersthe request and may, at his/her discretion,provide assistance to the claimant.Assistance shall be in such form and insuch amount and duration and he/she inhis/her discretion thinks fit. In coming tohis/her decision as to whether to grant orwithdraw any assistance to a claimant, theCEO (or other person delegated by theBoard) shall consider the matter under thethen current Criteria. The decision may bebased on one or more of the criteria andthe criteria are not mutually exclusive.The decision as to the level and type ofassistance, if any, granted to the claimantwill be communicated to the claimant inwriting. A claimant dissatisfied with thedecision may have that decision reviewedby the board.ReviewAfter each major step in the matter hasbeen reached, the CEO (or other persondelegated by the Board) will review thematter and will decide whether tocontinue the assistance in whole or in partin light of the then current criteria. His/herdecision will be communicated to theclaimant who may apply to have thatdecision reviewed by the Board.The CEO (or other person delegated by theBoard) will annually fully review each casein which assistance has been granted andwill decide whether to continue orwithdraw the assistance in whole or inpart in light of the then current criteria.His/her decision will be communicated tothe claimant who may apply to have thatdecision reviewed by the Board.The CEO (or other person delegated by theBoard) may at any time at his/herdiscretion review a case in whichassistance has been granted and decidewhether to continue its assistance inwhole or in part in light of the then140 • Equality Authority Annual Report 2004

current criteria. His/her decision will becommunicated to the claimant who mayapply to have that decision reviewed bythe Board.Criteria for Section 67RepresentationA. Principle/Precedent/Strategic Priorities• That the matter raises an importantmatter of principle.• That the matter raises issues thatrefer to grounds where any orsignificant case law has not beendeveloped.• The extent to which precedent hasalready been established in relationto the matter.• That the proceedings are likely to besuccessful.• That the proceedings will or arelikely to have a beneficial impact forothers covered under the same,similar or other ground.• That the proceedings will or arelikely to have a beneficial impact forchange in practise by employers orservice providers.• That the proceedings will or arelikely to have a beneficial impact forthe development of equality policiesor practices.• That the proceedings will or arelikely to have a beneficial impact onthe standing or perception of theAuthority in the pursuance of itsfunctions.• The geographic spread of the claims.• That the matter falls within thethemes of the then currentstrategic plan.• The extent to which the matterraises an issue which is appropriateto be decided by the Circuit Court.B. Ability• The capacity of the claimant torepresent themselves.• The capacity of the claimant toobtain representation throughlawyers, Trade Unions, Advocacy.• The previous use of such resources.• Alternative remedies.• The complexity of the issues.• The availability of material whichwill assist the claimant to representthemselves.• The investigative nature of thehearing in the Equality Tribunal.C. Nature of Claim• The severity of the matters alleged.• The past present and future likelyeffect on the claimant of thematters alleged.Equality Authority Annual Report 2004 • 141

• The Respondent’s response to theclaim.• The number of grounds ofdiscrimination the subject of thematter of the claim.D. Resources• The workload of the Authority.• The backlog of cases.• The resources then available to theAuthority.• The likely cost of the proceedings.• The likely duration of theproceedings.• The likely award or order.E. Claimant• The cooperation of the claimant withthe Authority.• The willingness of the claimant tofollow advice or a reasonable requestof the Authority.• The behaviour and/or honesty of theclaimant.F. General• Where new information comes tolight.• Any other matters that appear to theAuthority to have a bearing on theissues.• The priorities as may be determinedby the Board from time to time.• Staff recommendations and/or legalopinion.Application of Criteria in other casesThe above criteria are also to be applied bythe CEO in exercising the delegatedfunctions of the Equality Authoritypursuant to section 49(2) of theEmployment Equality Act 1998 asamended in relation to:• Section 8(3) of the Equal Status Act,2000 (discriminating clubs).• Section 10 of the Employment EqualityAct, 1998 and section 10 of the EqualStatus Act, 2000 (discriminatingadvertising).• Section 85 of the Employment EqualityAct, 1998 and section 23 of the EqualStatus Act, 2000 (General practiceclaims etc.).• Section 19(6) of the intoxicating LiquorAct 2003 (licensed premises).142 • Equality Authority Annual Report 2004

The Equality Authority2 Clonmel StreetDublin 2Public Information CentreLo Call: 1890 245 545Tel: (01) 417 3333Business queries: (01) 417 3336Text phone: (01) 417 3385Fax: (01) 417 3331Email: info@equality.iewww.equality.ie