Gender still tops ODEI complaints

None of the complaints to come before the Office of the Director of Equality Investigations (ODEI) since it was set up last October with the coming into force of the Employment Equality Act 1998 has come under the new grounds for discrimination recognised by that Act.

The Employment Equality Act 1998 prohibits discrimination on nine grounds: gender, marital status, family status, disability, sexual orientation, age, religion, race or membership of the Traveller community.

According to Mr Ruairi Gogan, head of employment equality in the ODEI, none of the complaints it received since its establishment has been under the new grounds. He says all complaints received since October have involved gender. He believes it takes time for the new anti-discrimination criteria to sink in and that, perhaps, people don't want to be the first cases. Moreover, the new law only applies to incidents of discrimination alleged to have taken place since last October. It does not apply retrospectively so the ODEI is still making decisions on the basis of the old legislation.

He describes the ODEI as "the court of first instance" and says: "People can come straight to us. . . Formal representation is not a requirement."

The ODEI is significantly larger than the old equality service, which operated under the auspices of the Labour Relations Commission. The equality service had only four staff, comprising its head and three officers.

Now, Ms Melanie Pine, the director of equality investigations, is assisted by eight equality officers, a legal adviser who is about to commence duties and five support staff. More officers will be appointed when the Equal Status Bill, which is expected to become law shortly, is passed.

Located beside the ODEI premises, the Equality Authority (EA), which has received complaints under the new grounds for discrimination, is keen to be seen as an employer-friendly organisation.

EA spokesperson, Mr Gerry Hickey, says the authority wants to help employers. "This organisation is very keen to assist employers. We don't want to be seen as an employer-bashing organisation. We do have a duty obviously to help people who are in difficulty in their employment and who need advice and help. And we will go so far as to give them free legal advice and to help them take cases. But we do want to approach employers as well."

He envisages the EA proposing structures and codes to employers, which employers could develop, on acceptable behaviour in the workplace. "I think organisations like IBEC would have seen the Employment Equality Agency - the precursor to the Equality Authority - as very much on the worker's side.

"And a conscious decision has been taken to change that perception and to change the way we operate so that employers would actually use us for consultative purposes in relation to setting up systems which would ensure that they're OK in relation to the legislation."

Vicarious liability in the new legislation makes employers answerable for the behaviour of employees, making it advisable to have systems in place to alleviate employers' vicarious liability.

The EA can help employers develop codes of practice. "We would go into the workplace and look at the set-up there and say this is the kind of place where certain kinds of problems arise. And we would give them as much advice and help as possible, free of charge."

Moreover, with the Equal Status legislation at an advanced stage, employers who provide a service to the public "will have to be cognisant of the needs of people using their services and of their rights under the legislation.

"It will be against the law obviously for somebody running a nightclub or a pub to reject somebody on the basis of their colour or ethnic origin."

Employers need to realise that it will not be legal for them to discriminate not only against workers but also against members of the public on the basis of any of the nine grounds listed above.

Equality Authority, Clonmel Street, (off Harcourt Street), Dublin 2: Telephone: 01 417 3333. E-mail: info@equality.ie

Office of the Director of Equality Investigations, Clonmel Street, Dublin 2. Telephone: 01 417 3300. E-mail: info@odei.ie