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  1. 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