Annual Report 2004.pdf - Equality Authority

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