THE EU must adopt binding directives on equality issues if effective action is to be achieved, a new report on the implementation of EU equality legislation in Ireland says.
The report, commissioned by the Oireachtas Women's Rights Committee, calls for implementation of directives covering equal pay and treatment, access to law, job sharing and social welfare.
Employers should be obliged to implement a code of practice on sexual harassment, the report says. They should also be liable for sexual harassment in the workplace unless they can prove they had taken all reasonable steps necessary to prevent it.
The report recommends EU action on transferring the tax free allowance of a spouse working exclusively in the home to him or her as a monetary allowance based directly on the tax saving that is currently enjoyed by their tax paying spouse.
In discrimination cases it recommends legislative changes to shift the burden of proof to the employer where a claimant proves a prima facie case of discrimination. It wants claimants to have access to all information needed to present their case.
The report expresses doubt about the exclusion of the Defence Forces from the categories of persons to whom equality legislation applies.
Launching the report, the chairwoman of the Oireachtas Committee on Women's Rights, Ms Mary Wallace of Fianna Fail, said that over the last 20 years European equality legislation has had an extremely important impact in Ireland, but much more needs to be done.
"From nowhere, we have developed a detailed body of legislation and case law to promote and protect the right of women to be treated equally with men, especially in relation to employment and social welfare rights.
"In spite of this, much remains to be done, particularly in the field of indirect discrimination, employment segregation and access to childcare facilities. We believe that the Commission should take further action on these areas by means of binding regulations", she said.