Equality law in the workplace / Alastair Purdy.

Format:

Book

Author/Creator:

Purdy, Alastair, author.

Language:

English

Subjects (All):

Discrimination in employment--Law and legislation.

Discrimination in employment.

Minorities--Employment--Law and legislation.

Minorities.

Physical Description:

1 online resource (428 pages)

Edition:

1st ed.

Place of Publication:

London, England : Bloomsbury Publishing, [2015]

Summary:

This book provides a comprehensive guide to equality law in the workplace, focusing on the legal frameworks and practices within Ireland and the European Union. It addresses topics such as discrimination, harassment, equal pay, maternity leave, and redundancy, while exploring the nine grounds of discrimination, including gender, civil status, and disability. The author aims to educate legal practitioners, HR professionals, and policymakers on the implementation of equality principles in employment. The work emphasizes the importance of fostering fairness and inclusivity in workplace policies and practices while referencing relevant EU and Irish laws, case studies, and directives. Generated by AI.

Contents:

Cover

Half-title

Title

Copyright

Preface

Contents

Table of Cases

Table of Statutes

Table of Statutory Instruments

Table of European Legislation

Table of Charters, Conventions and Treaties

Table of Constitutions

Part A: The Framework of Employment Equality Law

Chapter 1: Institutions and Agencies of the EU and Ireland

Introduction

European Union Institutions

The Council of the European Union

The European Commission

The European Parliament

The Court of Justice of the European Union

Irish institutions

Chapter 2: The Irish Constitution

Article 40.1

All persons are equal before the law

Permitted constitutional aspects of inequality

Onus to prove justification

Chapter 3: European Union Law

EU law as the primary source of Irish equality law

Defrenne and double aim of Art 157 TFEU

The Equality Directives

Article 13 Directives

The Recast Directive

Mainstreaming

The European Convention on Human Rights

Definition of discrimination

Direct discrimination

Indirect discrimination

Discrimination by association

Harassment by association

Permitted discrimination

Current interpretation of EU Legislation

Chapter 4: The Employment Equality Acts 1998-2011

Background

Scope of the Employment Equality Acts

Definition of 'employee'

Independent contractors

Agency workers and employment agencies

Collective agreements

Illegal contracts

Prohibited conduct

Defining discrimination

The need for a comparator

Hypothetical comparator

Comparable situation

Categories of discrimination

Discrimination by imputation

Part B: Recruitment, Employment and Redundancy

Chapter 5: Pre-Employment Equality Issues

Introduction.

Advertisements

Shortlisting and selection for interview

Minimum and maximum periods of experience

Interviews

Interview panels

Job descriptions and minimum qualifications

Application forms

Post-interview feedback

Conditions precedent

Pre-employment medicals

References

Background and criminal record checks

Alcohol and drug testing

Conclusions

Chapter 6: Aspects of the Employment Relationship

The contract of employment

Collective bargaining

Terms and conditions of employment

Promotions and seniority

Chapter 7: Victimisation

Cause of action in its own right

Scope of victimisation

Significance of a claim of victimisation

Summary

Chapter 8: Harassment and Sexual Harassment

Applicable legislation

EU law

Irish legislation

Categories of harassment and sexual harassment

Harassment by non-employees

Sexual harassment outside the workplace

Verbal harassment

Harassment and age

Harassment and sexual orientation

Breach of contract

Bullying

Criminal offences

Vicarious liability

Defences

Importance of a policy on harassment

Investigation of complaints

Need for independence

External investigators

Issues arising in investigations

Cross-examination of witnesses

Conclusion

Chapter 9: Equal Pay

The EU and equal pay

Irish position on equal pay

Preliminary requirements

Comparators

Same or associated employer

Like work

Definition of pay

Entitlement to equal pay on other discriminatory grounds

Market forces

Cost

Red-circling

Seniority and length of service

Disability and equal pay

Redress and equal pay

Part-time workers and equal pay

Pensions and equal pay.

Severance packages and equal pay

Chapter 10: Post Employment Equality Issues

Selection for redundancy

Severance packages

Issuing references

Bringing a claim

Part C: Discrimination: The Nine Grounds

Chapter 11: Gender

Male gender discrimination

Pregnancy and maternity

Payment of sick pay during pregnancy

Change of duties and health and safety leave during pregnancy

Right to return to work after a period of protective leave

Alternative working arrangements on return from maternity leave

Less favourable treatment after maternity leave

Contact during maternity leave

Redundancy during maternity leave

Pregnancy-related dismissals

Dismissal of agency workers during pregnancy

Burden of proof in pregnancy-related dismissals

Non-renewal of a fixed-term contract during maternity

Surrogacy and adoptive leave

Dress codes

Transgender employees

Gender Recognition Advisory Group

Exemptions

Genuine occupational requirement

Gardaí and prison service

Chapter 12: Civil Status

Case law

Religious ethos

Chapter 13: Family Status

Definition

Alternative working arrangements

Chapter 14: Sexual Orientation

Harassment

Disclosure of sexual orientation

Chapter 15: Religious Belief

Defining religion and belief

Defining 'religion'

Relationship between religion and human rights

Relationship between religion, race and ethnicity

Defining 'belief'

Framework Directive and Employment Equality Acts

Victimisation

The 'religion' and 'belief' ground.

Manifestation or promotion of religious beliefs in the workplace

Religious dress and symbols

Conscientious objectors

Ethos of an institution

Section 37(1)(a

Section 37(1)(b)

Definition of 'ethos'

Reasonable accommodation

General occupational requirement

Chapter 16: Age

Minimum age difference

Objective justification

Scope of the prohibition on age discrimination

Promotion

Pay scales and length of service

Termination of employment

Retirement

Redundancy

Severance payments

Chapter 17: Disability

Models of disability

Medical model of disability

Social model of disability

Definition and scope of disability

European Union

Ireland

Summary: scope and definition of disability

Direct disablity discrimination

Causal link and connection

Summary: direct discrimination

Indirect disability discrimination

Disability discrimination by association

Scope of reasonable accommodation

A cause of action in its own right

Importance of procedures

Examples of appropriate measures

Countervailing measures to ameliorate disadvantage

Disproportionate burden on employer

Summary: reasonable accommodation

Educational, technical or professional qualifications

Exemptions relating to various professions, vocations or occupations

Alternative and lower rates of pay

Prison service, gardaí or emergency services

Health and safety

Chapter 18: Race

Race discrimination in EU law

Definition of race discrimination in the Employment Equality Acts

Ethnic origin

Direct discrimination.

Indirect discrimination

Irish language requirements

Access to educational/vocational courses

English language requirement

Employment documentation in English

Hypothetical comparators

Discriminatory dismissal

Work permits and illegal contracts

Bullying and harassment

Vocational training

Residency/citizenship

Chapter 19: Membership of the Traveller Community

Harassment on the Traveller ground

Part D: Enforcing Equality Rights

Chapter 20: Taking a Claim

Time limits

Extension of time limits

Continuing discrimination and time limits

Frivolous or vexatious claims

Striking out claims not pursued

Forms

Form EE2 and the drawing of inferences

Amending complaints or complaint forms

Chapter 21: The Burden of Proof

EU and Irish context on the burden of proof

The test in practice

Establishing a prima facie case of discrimination

Rebutting a prima facie case of discrimination

Burden of proof on the gender ground

Burden of proof on the race ground

Burden of proof on the age ground

Burden of proof on the religion ground

Chapter 22: Remedies and Costs

Remedies

Gender discrimination: Circuit Court

Alternative remedies

Alternative avenues of redress

Costs

Appeals

Settlement/compromise agreements

Appendix 1: Workplace relations complaint form

Appendix 2: Form EE1

Appendix 3: Form EE2

Employment Equality Act, 1998 (Section 76 - Right To Information) Regulations 1999

Index.

Notes:

Includes index.

Description based on print version record.

Description based on publisher supplied metadata and other sources.

Part of the metadata in this record was created by AI, based on the text of the resource.

ISBN:

1-78451-869-7

OCLC:

1262374334