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The Employment Equality Act 1998 aims to prevent discrimination in the workplace - Leaving Cert Business - Question B - 2007
Question B
The Employment Equality Act 1998 aims to prevent discrimination in the workplace. (i) Describe two grounds on which discrimination is unlawful under this Act. (20 m... show full transcript
Worked Solution & Example Answer:The Employment Equality Act 1998 aims to prevent discrimination in the workplace - Leaving Cert Business - Question B - 2007
Step 1
Describe two grounds on which discrimination is unlawful under this Act.
Answer
Under the Employment Equality Act 1998, discrimination is deemed unlawful on several grounds. Here are two significant ones:
Gender
Discrimination on the basis of gender refers to treating a person unfavorably solely due to their sex. This can manifest in various forms, such as unequal pay for the same work or exclusion from job opportunities that are stereotypically associated with a particular gender. The Act seeks to ensure that individuals are judged based on their qualifications and abilities rather than their gender.
Marital Status
Marital status discrimination involves treating individuals unfairly based on whether they are single, married, divorced, or widowed. For example, an employer cannot refuse to hire someone because they are a single parent, nor can they offer different benefits depending on an employee's marital status. This is aimed at promoting equality in the workplace irrespective of personal relationships.
Step 2
Outline the role of a Rights Commissioner.
Answer
The Rights Commissioner plays a critical role in addressing workplace disputes and ensuring compliance with employment equality laws. Here are the main responsibilities:
- Investigates Disputes: Rights Commissioners look into conflicts that involve individual employees or small groups, aiming to understand the nature of the complaint and gather relevant information.
- Investigates Unfair Dismissals: They assess cases of wrongful termination, determining whether the dismissal breaches employment rights as stipulated by law.
- Recommends Solution: After investigating, the Commissioner provides non-binding recommendations aimed at resolving the dispute amicably between parties.
- Appeals Process: Decisions or outcomes from a Rights Commissioner can be appealed to the Employment Appeals Tribunal (EAT) or the Labour Court for further review.