Annual Report 2004.pdf - Equality Authority

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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
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The Equality AuthorityAnnual Report
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ContentsFrom the Chairperson p.5The
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From the ChairpersonMrs Karen Erwin
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The BoardDuring the course of the y
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From the ChiefExecutive Officer
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About The MaternityProtection Acts1
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uilding up and to pursue a level of
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“Ageing and Labour Market Partici
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PartnershipPartnership with a broad
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Casework ReportIn 2004, there were
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level of awards made by the Equalit
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espondent’s chief witnesses had d
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Court Judge to extend the time for
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In the Circuit Court, Judge Delahun
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change its policy so that the sames
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The second claimant was a full time
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the amount spent on all types ofdis
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Discriminating ClubsOne of the powe
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contractual employment rights toget
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Caucasoid/Caucasian. Taking into ac
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second test was done by another ass
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was dismissed and submitted that he
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5. Age and GenderThe claimant was e
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The Equality Authority requested th
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Allergic Reaction” and has to use
Page 56 and 57: the Labour Court. The case and adis
Page 58 and 59: Authority, concern was also express
Page 60 and 61: Representation / Assistance inbring
Page 62 and 63: EQUAL STATUSRecommendations in case
Page 64 and 65: EMPLOYMENT EQUALITYRecommendations
Page 66: Employment Equality - Casework Acti
Page 69 and 70: Equal Status Act, 2000 - Casework A
Page 71 and 72: Equal Status Act, 2000 - Casework A
Page 74 and 75: Enquiries to the PublicInformation
Page 76 and 77: Queries under the Equal Status Actf
Page 78 and 79: Queries under the Maternity Protect
Page 80: A Thematic Approachto Equality
Page 83 and 84: Theme 1Building equality in the ser
Page 85 and 86: Joint Conference with the Irish Nat
Page 87 and 88: eports. This book brings together t
Page 89 and 90: A report of the process of implemen
Page 91 and 92: Theme 2Contributing to a moreaccess
Page 93 and 94: Employment Equality Reviewand Actio
Page 95 and 96: Job Centre, the National Youth Coun
Page 97 and 98: The programme of work under this me
Page 99 and 100: the preparation of an equality poli
Page 101 and 102: Theme 3Developing initiatives speci
Page 103 and 104: Making AccessHappen - jointpublicat
Page 105: Intercultural Workplaces was launch
Page 109 and 110: The Equal Status Acts2000 to 2004 -
Page 111 and 112: (iii) Fees paid by non-nationalsIn
Page 113 and 114: It recommended broadening theprovis
Page 115 and 116: policy/programme is also gathered.B
Page 117 and 118: Survey participants were asked if t
Page 119 and 120: acism and xenophobia. These themesi
Page 121 and 122: Theme 5:Addressing the specificsitu
Page 123 and 124: Freedom of Information Requests in
Page 125 and 126: Mailing ListThe Board review of com
Page 127 and 128: An initiative was also taken to eng
Page 130 and 131: Appendix 1The publications of theEq
Page 132 and 133: the Irish National Teachers Organis
Page 134 and 135: as giving voice to their concerns a
Page 136 and 137: Charting the Equality Agenda(by Kat
Page 138 and 139: Towards a Workplace Equality Infras
Page 140 and 141: National Council on Ageing and Olde
Page 142 and 143: Irish Congress of Trade UnionsIrish
Page 144 and 145: current criteria. His/her decision
Page 146: The Equality Authority2 Clonmel Str
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