The Employment Equality Agency has begun anti-discrimination proceedings against University College Dublin. It has accused the university of "generally" practising discrimination against women when filling academic promotional jobs.
The agency took this unusual step under Section 20 of the 1977 Employment Equality Act. This allows it to take a case in its own name rather than on behalf of an individual, when it believes that "discrimination is being generally practised against persons".
The EEA was "very concerned at the pattern of promotions in UCD," said a source close to the agency yesterday. "The statistical evidence for gender imbalance seems to show there is a strongly arguable case that there was discrimination."
A UCD spokesman said the university authorities were working with the EEA to "address the concerns" of a group of women academics who had taken a case to the agency. However he said UCD was "satisfied that the procedures for promotion, developed after extensive consultation, had been rigorously and fairly adhered to and were devoid of any discriminatory element."
A group of UCD women academics wrote last June to the university's governing authority asking it not to approve the university's 1997-98 recommendations for promotion on the grounds of "direct discrimination against women". They expressed "dismay at the gender imbalance" in the proposed promotions. However the promotions were approved.
The letter was signed by eight academics, including leading figures such as Dr Attracta Ingram, Dr Kathleen Lynch and Dr Ailbhe Smyth. They said they had found "substantial evidence that a number of unsuccessful female applicants are better qualified for promotion on the specified criteria than the successful male applicants".
Only one out of 20 associate professor posts was given to a woman, although women made up nearly one in five of the candidates. Over the past two years, 28 out of 30 associate professors' jobs have gone to men.
The UCD authorities have been informed that the Employment Equality Agency's case has been referred to the equality service of the Labour Relations Commission. The equality service will seek arguments on both sides and will proceed to an oral hearing at which witnesses can be called.
The LRC's equality officer will then make a recommendation which is legally non-binding but which has considerable moral authority. This can be appealed to the Labour Court, which has the power to order changes in discriminatory practices. Such cases are often resolved before reaching this stage.