Discrimination in the workplace

Have you been unfairly treated at work?

Discrimination

Click below to learn more about specific areas of discrimination in the workplace.

Disability

Age

Gender

Racial

what is discrimination in the workplace?

Discrimination in the workplace is a serious issue that can significantly impact individuals and their ability to succeed in their careers.

It is important that employers take steps to ensure that their workplace is free from discrimination and that employees are treated fairly and with respect.

If you believe you have been the victim of discrimination in the workplace, you have the right to seek legal advice and take action.

Our team of experienced employment solicitors can help you understand your rights and options and assist you in taking the necessary steps to address the situation.

Types of Workplace Discrimination

Discrimination in the workplace can take many forms and occur in various contexts. In Ireland, the Employment Equality Acts 1998-2015 prohibit discrimination based on gender, civil status, family status, sexual orientation, religion, age, disability, race, and membership in the Traveller community.

Some common types of discrimination that may occur in the workplace include:

Direct discrimination: When an employer treats an employee differently because of protected characteristics like gender or race. For example, an employer may refuse to hire a candidate because of their religion.
Indirect discrimination: When an employer has a policy or practice that disproportionately affects people with a particular protected characteristic and cannot be justified as a legitimate business need. For example, an employer may have a policy requiring all employees to work full-time, which may disproportionately affect parents with young children.
Harassment: When an employee is subjected to unwanted conduct related to a protected characteristic that has the purpose or effect of violating their dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment for them. Harassment can take many forms, including verbal, physical, or written abuse.
Victimisation: When an employee is mistreated because they have made a complaint of discrimination or supported someone who has made a complaint.

If you believe you have been the victim of discrimination in the workplace, it is essential to seek legal advice as soon as possible.

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How to Prove Workplace Discrimination

Proving workplace discrimination can be challenging, as it often involves demonstrating that an employer’s actions were motivated by an employee’s protected characteristic rather than legitimate business reasons.

However, there are a few steps that you can take to strengthen your case and increase your chances of success.

Gather evidence: This can include documents such as emails, performance evaluations, and policies or procedures that may support your claim. Speaking to coworkers or others who may have witnessed the discriminatory behaviour may also be helpful.
Keep a record of the discriminatory events: It can be helpful to keep a detailed record, including the date, time, location, and details of what happened. This can help you establish a pattern of discrimination and provide concrete evidence to support your claim.
File a complaint: If you believe you have been the victim of discrimination, you must report it to your employer or the appropriate authority as soon as possible. You can file a complaint with the Workplace Relations Commission (WRC) in Ireland.
Seek legal advice: An experienced employment solicitor can help you understand your rights and options, assess the strength of your case, and provide guidance on the next steps.

How Employment Matter Can Assist

If you believe you have been the victim of discrimination in the workplace, it is important to seek legal advice as soon as possible. Our law firm can assist you in several ways:

Advising you on your rights: Our solicitors can help you understand your rights and options under the Employment Equality Acts 1998-2015, which prohibit discrimination in the workplace on the grounds of gender, civil status, family status, sexual orientation, religion, age, disability, race, and membership of the Traveller community.
Assessing the strength of your case: Our solicitors can review the details of your situation and advise you on the likelihood of success if you bring a discrimination claim.
Helping you gather evidence: To succeed in a discrimination claim, you must provide evidence to support your case. Our solicitors can help you gather and organize the relevant documents and information.
Representing you in negotiations or legal proceedings: If your employer is willing to resolve the matter through informal negotiations, our solicitors can represent you in these discussions and help you achieve a satisfactory outcome. We can also represent you in legal proceedings, such as an employment tribunal.
Providing emotional support: Discrimination in the workplace can be a difficult and stressful experience. Our solicitors will be sensitive to your needs and provide the support and guidance you need throughout the process.

remedies for discrimination in the workplace

In Ireland, discrimination claims are governed by the Employment Equality Acts 1998-2015, and the Equal Status Acts 2000-2015.

The remedies available in a discrimination claim may vary depending on the type of discrimination alleged and the case circumstances.

Some of the potential remedies may include:

Compensation: An employee discriminated against may be entitled to compensation, including financial and non-financial losses, such as loss of earnings and distress caused by the discrimination.
Reinstatement or re-engagement: If an employee has been dismissed or otherwise unfairly treated due to discrimination, they may be entitled to reinstatement to their former job or re-engagement in another suitable role within the organisation.
Injunctions: An employee may seek an injunction to stop discriminatory behaviour or prevent future discrimination.
Equality reviews: An employer found to have discriminated against an employee may be required to carry out an equality review of their policies and practices to ensure they comply with the relevant legislation.
Training: An employer may be ordered to train employees on discrimination and equality to prevent future discriminatory behaviour.
Declarations: An employee may seek a declaration from the courts or the (WRC) Workplace Relations Commission that they have been subject to discrimination, which can be crucial in establishing the employee’s rights and reputation.

It is important to note that each case is different, and the remedies available will depend on the case’s specific circumstances. Employees who have experienced discrimination should seek legal advice from an employment law specialist to understand their rights and options.

Discrimination in the Workplace FAQS

What are the 9 grounds of discrimination?

The Equal Status Acts 2000-2018 prohibit discrimination in providing goods and services, accommodation and education. The Equal Status Acts cover the nine grounds of gender, marital status, family status, age, disability, sexual orientation, race, religion, and membership of the Traveller community.

What are the most common types of employment discrimination?

The most common types of employment discrimination found are

Pregnancy
Equal Pay
Race/ Colour

What qualifies as workplace discrimination?

Employment discrimination usually occurs when an employer treats an applicant or an employee less favourably due to a person’s gender, marital status, family status, age, disability, sexual orientation, race, religion, and membership of the Traveller community.

What are the remedies available if I am successful in a discrimination claim?

The remedies available include compensation, re-instatement, re-engagement, or an order to stop the discriminatory behaviour.

How long do I have to make a complaint of discrimination in the workplace in Ireland?

You must make a complaint to the WRC within 6 months of the discriminatory behaviour or within 12 months in exceptional circumstances.

How does it work?

Do you have a claim?

We start by establishing whether or not you have a claim.

Get planning

Then, if you do and you want to pursue it, we’ll help guide you through the complex process of making that claim.

Don't delay!

That said, you only have a limited time to lodge your complaint to the WRC or Labour Court, so act fast.

Don't Let Workplace Discrimination Hold You Back

Together, we can fight for your rights and help you achieve the fair and respectful treatment you deserve.