employment equality act & disability iase oct 2008
TRANSCRIPT
Employment Equality Act&
Disability
IASE
Oct 2008
Disability Ground in Equality Legislation
Broadly defined to include total or partial absence of bodily or mental facilities, chronic disease, whether manifest or not, and learning and personality conditions.
Equality Authority 2007 Casework
• Employment Equality Act
Total 360
Age 24%
Race 19%
Gender 18%
Disability 16%
Facts and Figures
Employment Equality Acts
• access, • dismissal• promotion• working conditions
A Worker -v- A Company Epilepsy – controlled by medication
Permanent position – medical exam
Dismissal – work environment posed dangers
No reasonable accommodation
Award = £15,000
Significant Award on Accommodation
• 14 years in employment
• Psychiatric illness in Mar 2002/ Later fit to return to work
• Employer – new job description,not deal with clients, work monitored
• Employer – not seek advice of medical consultant
• Demeaning & stress – resignation
• No accommodation, lack of understanding/less than understanding
• Dismissal associated with disability = 49,900 euros
Complainant -v- A Department Store
Alleged Discrimination – imputation of disability Applied for a position – not successful Sought advice from EA Continued to apply for jobs within Store Employer would not consider application while
claimant making representations to EA Equality Officer – Victimisation Exercising rights without victimisation
Reasonable Accommodation
• Waiter became disorientated – low sugar levels
• Prepared to return after food and drink
• Told to go home – next day was dismissed
• Labour Court Award of €4,000
A Motor Company -v- A Worker
Service Receptionist
Later informed that there were problems with communicating on the telephone
Informed company of hearing aid
Headset provided – no consultation & not the correct type
Employment Equality Act
After trial period given notice
Discrimination –
- Proper headset not provided
- Nominal cost
- Reasonable accommodation to
include induction training
Employment Equality Act
Kavanagh v Aviance UK Ltd
• Airport baggage supervisor – sustained elbow injury• After month’s sick leave attended Co. dr• During said visit, claimant’s heart condition discussed
(previous cardiac history)• Not cetified to return to work Disagreement over duties of supervisor and amount of
physical exertion No alternative work offered Co. priority to reduce nos. – no reasonable accom Award €125,000
GROUNDS OF DISCRIMINATION
• GENDER• MARITAL STATUS• FAMILY STATUS• SEXUAL
ORIENTATION• AGE
• DISABILITY• RACE• MEMBERSHIP OF
TRAVELLER
COMMUNITY• RELIGION
Direct Discrimination
• Direct Discrimination occurs if a person is treated less favourably that another person is treated on the basis of membership of any of the nine grounds.
Disability - Duty on EmployersAppropriate Measures:• The employer shall take appropriate
measures where needed in a particular case, to enable a person who has a disability –
1. To have access to employment
2. To participate or advance in employment, or
3. To undergo training
Unless the measures would impose a disproportionate burden.
Appropriate Measures
• Adaptation of premises and equipment
• Patterns of working time
• Distribution of tasks
• Provision of training
Reasonable Accommodation &Employment
• Person with a disability is considered to be fully competent and capable of performing duties attached to the post…………
• If with the provision of special treatment or facilities the employee would be fully competent and capable
• Employer’s decision must be reasonable and objective
Employment Equality Act 1998
Specific Provisions of Employment Equality Act 1998
• Work - Access, Promotion, Dismissal, Pregnancy• Collective Agreements• Advertising• Employment Agencies• Training• Trade Unions• Professional Associations• Self-employed• Partnerships• Employment in another person’s home
Equal Pay• Equal remuneration between persons
or a group of persons for ‘like work’
• Like work is defined as the same, similar or work of equal value
• Same or associated employer
IndividualEmployer Trade Union
Equality Authority
InformationAdvice
Questionnaire/MeetingResolution Process
Legal Challenge
Dispute
Equality Mediation Equality OfficersOfficers
DecisionLabour CourtCircuit Court
AwardsPay = 3 years
Treatment = 2 years
Equality Tribunal
Reasonable Accommodation Steps
• Find out about employee and disability
• Look at needs
• Examine work set-up
• Examine tasks to be carried out
• Job requirements – objective criteria
• Examine what can be done to assist individual achieve full potential
Anticipate Need
• Accessible premises –ramps,reception,alternative access for hearing impairments,loop system,lifts,signage,etc
• Recruitment – positive action,consult PWD re interviews,qualifications (specific),training,special requirements etc
Anticipate Need
• Flexibility – in order to facilitate carer or PA or for transport reasons, rehab or treatments, redeployment etc
• Promotion – apply and avail of training
• Assistive Technology – updated
• Policies
Core Elements & Implementation Steps
1. Declare - Organisation Commitment
- All employees dignity & respect
- Complaints – confidentiality
- Disciplinary action
2. Definition and scope
3. Procedures and monitor
Core Elements
Core Elements & Implementation Steps
4. Trade Union Input & Role
5. Disseminate to all staff
- leaflets, statement, training manuals, website, notice boards, contracts
6. Training and support
7. Informal / Formal Resolution
Core Elements
Equality & Diversity Training• Change Culture of Organisation
• Address knowledge,awareness,skillsRecruitment & selection trainingHarassmentEquality legislationDevelop policiesServing diverse customer baseSensitivity trainingWLB
Allocate Responsiblity
• Resources
• Stimulate support
• Monitor
• Activities to promote equality
• Equality Officer
• Equality Committee
Employment Equality Review
& Action Plan
• Entry / Recruitment
• Working Conditions
• Managing Diversity
1. Progressive Employer – attract & retain2. Non- discrimination – morale3. Productivity4. Recruit from broader pool5. Better understanding of customers with
disabilities
Benefits
Conclusion• Redress through legislation• Policies – employment • Reasonable accommodation or appropriate
measures• Engage employees with disabilities• Link with PWD organisations• Secure change in situation & experience of PWD• Secure change in organisations – full equality in
practiceFuture talent pool will be diverse. 1in 5 in the UK
working age population will have a disability. Fairness is not just a social good but an economic imperative.
Contact DetailsEquality Authority
2 Clonmel Street
Dublin 2
Tel: 01-4173333
Lo Call: 1890-245545
Text Phone: 01-4173385
Fax: 01-4173366
Email: [email protected]
Website: www.equality.ie