Annual Report 2004.pdf - Equality Authority

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