Annual Report 2004.pdf - Equality Authority

More documents

Recommendations

Info

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.
Page 1 and 2:
The Equality AuthorityAnnual Report
Page 4:
ContentsFrom the Chairperson p.5The
Page 8 and 9:
From the ChairpersonMrs Karen Erwin
Page 10 and 11:
The BoardDuring the course of the y
Page 12:
From the ChiefExecutive Officer
Page 15 and 16:
About The MaternityProtection Acts1
Page 17 and 18:
uilding up and to pursue a level of
Page 19 and 20:
“Ageing and Labour Market Partici
Page 21 and 22:
PartnershipPartnership with a broad
Page 24 and 25:
Casework ReportIn 2004, there were
Page 26 and 27:
level of awards made by the Equalit
Page 28 and 29:
espondent’s chief witnesses had d
Page 30 and 31:
Court Judge to extend the time for
Page 32 and 33:
In the Circuit Court, Judge Delahun
Page 34 and 35:
change its policy so that the sames
Page 36 and 37:
The second claimant was a full time
Page 38 and 39:
the amount spent on all types ofdis
Page 40 and 41:
Discriminating ClubsOne of the powe
Page 42 and 43:
contractual employment rights toget
Page 44 and 45:
Caucasoid/Caucasian. Taking into ac
Page 46 and 47:
second test was done by another ass
Page 48 and 49:
was dismissed and submitted that he
Page 50 and 51:
5. Age and GenderThe claimant was e
Page 52 and 53:
The Equality Authority requested th
Page 54 and 55:
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 and 106: Intercultural Workplaces was launch
Page 107: Theme 4Supporting the development o
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
show all

Annual Report 2004.pdf - Equality Authority

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?