1. Employment Equality Act & Disability IASE Oct 2008

2. DisabilityGround 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.

3. Equality Authority 2007 Casework Employment Equality Act Total 360 Age 24% Race 19% Gender 18% Disability 16%

4. Facts and Figures Employment Equality Acts access, dismissal promotion working conditions

5. A Worker -v- A Company  Epilepsy – controlled by medication  Permanent position – medical exam  Dismissal – work environment posed dangers  No reasonable accommodation  Award = £15,000

6. 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

7. 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

8. 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

9. 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

10.  After trial period given notice  Discrimination – - Proper headset not provided - Nominal cost - Reasonable accommodation to include induction training Employment Equality Act

11. 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

12. GROUNDS OF DISCRIMINATION GENDER MARITAL STATUS FAMILY STATUS SEXUAL ORIENTATION AGE DISABILITY RACE MEMBERSHIP OF TRAVELLER COMMUNITY RELIGION

13. 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.

14. Disability - Duty on Employers Appropriate 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.

15. Appropriate Measures Adaptation of premises and equipment Patterns of working time Distribution of tasks Provision of training

16. 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

17. 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

18. 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

19. Individual Employer Trade Union Equality Authority Information Advice Questionnaire/Meeting Resolution Process Legal Challenge Dispute

20. Equality Mediation Equality Officers Officers Decision Labour Court Circuit Court Awards Pay = 3 years Treatment = 2 years Equality Tribunal

21. 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

22. 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

23. 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

24. 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

25. 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

26. Equality & Diversity Training Change Culture of Organisation Address knowledge,awareness,skills  Recruitment & selection training  Harassment  Equality legislation  Develop policies  Serving diverse customer base  Sensitivity training  WLB

27. Allocate Responsiblity Resources Stimulate support Monitor Activities to promote equality Equality Officer Equality Committee

28. Employment Equality Review & Action Plan Entry / Recruitment Working Conditions Managing Diversity

29. 1.Progressive Employer – attract & retain 2.Non- discrimination – morale 3.Productivity 4.Recruit from broader pool 5.Better understanding of customers with disabilities Benefits

30. 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 practice Future 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.

31. Contact Details Equality Authority 2 Clonmel Street Dublin 2 Tel: 01-4173333 Lo Call: 1890-245545 Text Phone: 01-4173385 Fax: 01-4173366 Email: info@equality.ie Website: www.equality.ie