Expert Legal Support for Workplace Discrimination
If you need expert legal advice on workplace discrimination, Employment Law Solicitor is here to help. Our experienced employment law team provides guidance to both employers and employees on all aspects of discrimination in the workplace. We have a proven track record of securing successful outcomes through both formal and informal resolution processes.
Speak with one of our Dublin-based specialist employment solicitors to discuss how we can best assist you with your workplace discrimination case.
What is ‘discrimination’ under Irish employment law?
The Employment Equality Acts prohibit both direct and indirect discrimination in the workplace on the following grounds:
- Gender
- Marital status
- Family status
- Sexual orientation
- Religion
- Age
- Disability
- Race
- Membership of the Traveller community
What is an example of workplace discrimination?
Under Section 6(1) of the Employment Equality Acts, discrimination occurs when an individual is treated less favorably than another person based on any of the protected grounds. This applies to both past and potential future treatment.
How can I prove direct discrimination?
Intent is not a requirement in proving direct discrimination—what matters is the effect of the treatment. Even if an employer has non-discriminatory reasons, the outcome may still be considered direct discrimination.
Once an employee presents prima facie evidence of discrimination (i.e., evidence that suggests a case of discrimination), the burden of proof shifts to the employer to demonstrate that discrimination did not occur.
How can I prove indirect discrimination?
The Labour Court has ruled that claims of indirect discrimination must be based on facts that are “sufficiently significant” to establish a prima facie case. The burden of proof then shifts to the employer. Speculative claims without supporting evidence are not sufficient.
Can harassment also be considered discrimination?
Yes. Harassment, other than sexual harassment, is defined as any unwanted conduct related to a protected ground (such as race, gender, or disability) that has the purpose or effect of violating a person’s dignity and creating an intimidating, hostile, degrading, humiliating, or offensive environment.
What is the burden of proof in discrimination claims?
Under the Employment Equality Acts, once an employee establishes facts that suggest possible discrimination, the burden of proof shifts to the employer. This is particularly relevant in cases of race discrimination, where direct evidence may be difficult to obtain.
How do I file a workplace discrimination claim?
Employees are advised to first raise the issue internally through their employer’s grievance procedure. If the issue is not resolved, the employee can file a formal complaint with the Workplace Relations Commission (WRC), where the case will be adjudicated.
Do I need a solicitor to file a discrimination claim?
While it is possible to file a claim independently, engaging an employment solicitor ensures that you are fully aware of your legal rights and options. With extensive experience in formal and informal dispute resolution, Employment Law Solicitor can help you achieve the best possible outcome.