Annual Report 2004.pdf - Equality Authority

the Labour Court. The case and adismissal claim were settled forsubstantially more than the EqualityTribunal award.h) Sexual Orientation Ground1. The complainant attended for interviewwith the company. The complainantwas very happy with her interview. TheManaging Director of the companyadvised her that her CV was the best ofthose received and went on to discusssalary, commission, company car andother conditions of the job and thenoffered her the position. Thecomplainant was happy to accept theoffer of the position. As thecomplainant was leaving, the ManagingDirector asked her whether she wasmarried and she informed that she wasas good as married but that her partnerwas a woman. The claimant wasinformed a week later that she had notgot the job. The company subsequentlydenied that the claimant was asked thisquestion and stated that she profferedthe information herself. It also deniedthat her sexual orientation was not afactor in their decision not to offer herthe job. The case was settled for €8,000.Issues of ConcernIn providing legal assistance in casesunder the equality legislation, the EqualityAuthority has identified a number ofissues of concern in relation to theimplementation of this legislation.1. CostsThe risk of costs being awarded isproving to be a substantial disincentiveto claimants to pursue or defendappeals of the recommendation of theEquality Tribunal under the EqualStatus Act 2000 to the Circuit Court, andin relation to claims to the DistrictCourt under the Intoxicating Liquor Act,2003.2. Anonymity: Right to privacyA reason for reluctance to pursue ordefend appeals of recommendationsunder the Equal Status Act 2000 to theCircuit Court or discrimination claimsin relation to licensed premises in theDistrict Court, is the lack of privacyinvolved and the public nature of thehearing. Hearings before the EqualityTribunal and the Labour Court are inprivate. The names of the parties are onoccasion anonymised (particularly inrelation to disability grounds). Hearingsin the District Court and the CircuitCourt are in public and there is noprovision for the names of the partiesEquality Authority Annual Report 2004 • 53