Discrimination & Equality

Nobody wants to feel left out or treated unfairly at work and everyone deserves a fair shot and a level playing field. Equality in the workplace isn’t just about ticking boxes, it’s about creating an environment where everyone feels respected, valued, and able to be themselves – and the law does have parameters which guide employers to ensure equality.

Discrimination in employment is prohibited under the Employment and Industrial Relations Act (EIRA), the Equality for Men and Women Act, and other subsidiary legislation.  The laws protect against discrimination based on protected grounds (such as gender, race, religion, age, disability, sexual orientation) and more widely prohibits discriminatory treatment which is not acceptable in a democratic society. In fact both direct discrimination and indirect discrimination are contemplated in the law. Indirect discrimination occurs when an apparently neutral provision, criterion, or practice puts a particular group of employees (such as women) at a disadvantage compared to others, even if this was not the intended outcome.

Employers must ensure equal treatment throughout the entire employment cycle, from recruitment, conditions of employment and pay, to promotions, and termination. There may be special situations where the law will permit positive discrimination, or permit differential treatment which is grounded on objective considerations, however employers must act cautiously.

The law provides alternative modes of redress in case of complaints, including through the Industrial Tribunal, and the burden to prove compliance rests on the employer. Therefore, employers must have clear policies to regulate and improve equality, diversity and inclusion, and these are to accompany other important policies regulating, (i) anti-harassment, (ii) equal pay, (iii) victimization and whistleblowing.

How we help: Employment 360 supports clients in creating inclusive workplaces. We offer policy reviews, training, and representation in discrimination claims, helping employers meet legal obligations and foster equity.