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

2. 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.

3. 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.

4. Building a House for Diversity

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

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

7. 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

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

9. 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

10. 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

11. 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?

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

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

14. 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

15. 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

16. Sexual Orientation
Prejudice
Harassment
Inclusion
Family benefits

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

18. Race Prejudice Harassment Inclusion Language and Culture
Patience dealing with customers

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

20. 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.”

21. 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.

22. 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

23. 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

24. 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.’

25. 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

26. 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

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

28. 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

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

30. Cases