Annual Report 2004.pdf - Equality Authority

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