Rise in age and race cases sent to Equality Tribunal

The number of discrimination cases taken against employers on the grounds of age and race almost doubled last year, according…

The number of discrimination cases taken against employers on the grounds of age and race almost doubled last year, according to the Equality Tribunal's annual report.

The number of cases referred to the tribunal, an independent statutory body which adjudicates and mediates on claims of discrimination, rose by 53 per cent on the grounds of age and 46 per cent on race grounds.

However, gender discrimination cases continued to account for the majority of claims, frequently involving pregnancy.

Director of the tribunal Melanie Pine said the volume of these cases showed more needed to be done to combat gender-based discrimination in the workplace.

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"The prevalence of recruitment and promotion cases on gender grounds is perhaps surprising given the number of cases decided by both ourselves and the Labour Court which set out clearly the elements that need to be in place to provide a fair and non-discriminatory process," Ms Pine said.

There are nine grounds on which cases may be taken, including gender, marital status, family status, sexual orientation, religion, age, disability, race and membership of the Travelling community,

People who feel they have been discriminated against are offered a mediation service. If this fails, an equality officer holds a joint hearing and issues a decision which is legally binding.

Overall, the tribunal dealt with 483 referrals last year, substantially less than in 2003 when it dealt with 613 cases.

The drop reflects the transfer of jurisdiction for claims under the Equal Status Act involving licensed premises, a large proportion of which were taken by Travellers. Ms Pine said this decrease concealed an upward trend in the number of cases which do not involve licensed premises, but include the right of equal access to other goods and services.

Most of these cases were on the grounds of disability, age, membership of the Traveller community and race. The tribunal also increased its output last year, deciding 50 per cent more cases in employment equality and 30 per cent more cases in equal status. The average award was more than €14,000.

Ms Pine said the organisation had responded to the pressure of a heavy workload by taking a number of efficiency measures.

Launching the report yesterday, Minister for Justice Michael McDowell paid tribute to the body's speedy mediation process. He said the small number of appeals to the higher courts reflected a high level of professionalism and impartiality by the tribunal.

Mr McDowell also said the transfer in jurisdiction for discriminatory dismissal cases under the Equality Act from the Labour Court to the tribunal was highly significant. "I believe this marks a major development in Irish employment law and a clear signal that the Equality Tribunal is well and truly established as the forum for redress of first instance in all employment equality discrimination cases," Mr McDowell said.

Carl O'Brien

Carl O'Brien

Carl O'Brien is Education Editor of The Irish Times. He was previously chief reporter and social affairs correspondent