Presenter’s Name Equality and Diversity Training Date Organisation Name Presenter’s Name Equality and Diversity Training Date

Definition of Equality The purpose of the equality agenda is to remove bias from existing policies and procedures, to recognise past imbalances and to take steps to reduce the effects of previous discrimination in order to allow people equal access in employment, development and service.

Definition of Diversity Management Planning and implementing organisational systems and practices to manage people so that the potential advantages of diversity are maximised while its potential disadvantages are minimized.

Building a House for Diversity

Employment Equality Act, 1998 Discriminatory Grounds Gender Marital Status Family Status Sexual Orientation Religion Age Disability Race Membership of the Traveller Community

Employment Equality Act, 1998 Areas Covered Access to Employment Training and Promotion Re-grading and Classification of Posts Conditions of Employment

Equality Issues Direct Discrimination: Where one person is treated differently or less favourably than another on any of the discriminatory grounds Indirect Discrimination: Where a requirement or practice operates in a way that produces a greater disadvantage for one group and unless the requirement is objectively justified/reasonable, it is unlawful 70 named employees v Superquinn

Gender Pregnancy Related Matters Sexual Harassment Atypical working arrangements – term time, worksharing, career break etc. Decency Uniforms

Employment Equality Act, 1998 Gender Ground Flexible Working Arrangements Weir v St. Patrick’s Hospital - A policy of not considering applications for jobsharing adversely impacts on females rather than on males, both within this hospital and generally Burke v NUI Galway - made reasonable efforts to facilitate the claimant Walsh v Tesco - no policy of refusing such applications

Employment Equality Act, 1998 Sick Pay and Pregnancy Related Illness McKenna v North Western Health Board Victimisation the victimisation of a person for in good faith having taken a claim under the equality legislation is very serious, as it could have the impact of undermining the effectiveness of the legislation

Workshop Marital Status; Family Status; Sexual Orientation; Religion; Age; Disability; Race; Membership of the Traveller Community What are the issues in each of the categories?

Marital Status Living in close proximity to Head Office Benefits to partners and partner’s family Medical Benefits

Family Status Atypical Working Arrangements Benefits to family members Harassment Punishing people for going home on time – rewarding ‘presenteeism’

Disability Wide technical medical based definition Employer must do all that is reasonable to accommodate the needs of a person with a disability unless such provision would give rise to more than nominal costs An employee v A local authority – the costs associated with the facilities could not be considered as anything other than nominal to a large public sector organisation - €15,000 Kehoe v Convertec Limited – failing to examine the option available to accommodate his needs given his disability €10,157

Age 18-65 years Job advertising – Equality Authority v Ryanair Retirement Age of Fire Fighters Selection for Acting Up Promotion/Selection on basis on seniority

Sexual Orientation Prejudice Harassment Inclusion Family benefits

Religion Wearing of Religious symbols Dress Code Facilitating Religious Practice Staff Restaurant - Choice

Race Prejudice Harassment Inclusion Language and Culture Patience dealing with customers

Membership of the Traveller Community Prejudice Inclusion Understanding the needs of a different culture Service Delivery

Sexual Harassment Section 23(3) states: “For the purposes of this Act - (a) any act of physical intimacy by B towards A (b) any express request by B for sexual favours from A;or (c) any other act or conduct of B (including, without prejudice to the generality, spoken words, gestures or the production, display or circulation of written words, pictures or other material) shall constitute sexual harassment of A by B if the act, request or conduct is unwelcome to A and could reasonably be regarded as sexually or otherwise on the gender ground, offensive, humiliating or intimidating to A.”

A Complainant v A Company The code of practice issued by the Equality Authority suggests employers should adopt, implement and monitor a comprehensive, effective and accessible policy on sexual harassment & include such elements as training and review. Investigation of complaints should be done speedily, confidentially and with due respect for the rights of both parties. These factors appear to be what might be expected of an employer attempting to demonstrate he/she had taken reasonably practicable steps to prevent sexual harassment.

Harassment S.32 of the Act repeats the provision regarding sexual harassment Is only actionable if it is done on the basis of one of the eight non-gender grounds of discrimination Harassment must be based on difference Protagonists do not have to be different

Bullying No Legislation Task force on bullying Definition: Workplace Bullying is repeated inappropriate behaviour, direct or indirect whether verbal, physical or otherwise, conducted by one or more persons against another or others, which could reasonably be regarded as undermining the individual’s right to dignity at work An isolated incident of the behaviour described in this definition may be an affront to dignity at work but as a once off incident is not considered to be bullying

Vicarious Liability ‘Anything done by a person in the course of his or her employment shall … be treated for the purposes of this Act as done also by that person’s employer, whether or not it was done with the employer’s knowledge or approval.’

Equal Status Act 2000 Promotes Equality in the delivery of service Prohibits certain kinds of discrimination Same 9 grounds Prohibits sexual harassment and harassment Discrimination by association Exceptions S.19 local authorities dipped footpaths for disabled

Your Responsibility To uphold the good name of the organisation by treating all staff and customers with respect To inform management of any potential discrimination or harassment that may be taking place in the organisation

Policies The following policies exist in (Name of Org) Dignity at Work Policy Sexual Harassment Harassment Bullying etc. etc.

Bullying and Harassment Procedures Log all incidents Write down feelings at the time Ascertain if there were witnesses Contact Designated Contact Person, Equality Officer or Union Rep etc

What Do You Do? Inform Supervisor or Equality/HR/Health and Safety Officer Read policies Become involved on Equality Action Team /Equality Issues

Cases