Discrimination on grounds of sexual orientation.

1. Discrimination on grounds of sexual orientation. David Joyce Policy Officer, Equality and Development, Irish Congress of Trade Unions

2. WHAT IS EQUALITY? • Workplace Equality can be defined in terms of organisations that: • Are free from discrimination, sexual harassment and harassment and victimisation, and are taking steps to prevent such experiences for employees and customers

3. What do we really mean?

4. The Case for Equality? • Fulfils legal obligations. • Increases the efficiency and effectiveness of your business. • Saves your company time and money. • Progresses social justice (Equality & Fairness).

5. Fundamental Rights Declaration on Fundamental Principles and Rights at Work. : • The right to form trade unions (‘freedom of association’) • The right to effective collective bargaining between workers and management • Freedom from forced or compulsory labour • An end to child labour • Freedom from discrimination in the workplace.

6. Equality Act 2004 • New Legislation – to update two equality acts to bring us in line with a number of EC Directives • Racial Equality (200/43/EC) • Employment Equality (2000/78/EC – disability, age, sexual orientation and religion) • Gender Equality (2002/73/EC)

7. Employment Equality Acts • Promote Equality • Prohibit discrimination • Prohibit sexual harassment and harassment • Prohibit victimisation • Require appropriate measures for people with disability • Allow positive action to ensure full equality in practice

8. - Scope – aspects of employment covered • Discrimination with regard to: • access to employment, • conditions of employment training and promotion • Discrimination in collective agreements (Section 9) • Discrimination advertising (Section 10) • Discrimination employment agencies (Section 12) • Equal pay • dismissal

9. DISCRIMINATION 9 GROUNDSSection 6 • GENDER (man, woman or transsexual); • MARITAL STATUS (single, married, separated, divorced or widowed) • FAMILY STATUS (parent of person U18, resident primary carer, or parent of person with a disability) • SEXUAL ORIENTATION (gay, lesbian, bisexual or heterosexual) • RELIGION (different beliefs, background or none) • AGE • DISABILITY • RACE (Race, skin colour, nationality or ethnic origin) • MEMBERSHIP OF TRAVELLER COMMUNITY

10. Statutory Bodies • Equality Authority www.equality.ie • combat discrimination in employment • promotion of equality • provide information to public • monitor - Equality legislation - Maternity Protection; Adoptive Leave & Parental Leave

11. REDRESS Sections 77-80 & 82-84 • Equality Tribunal • Decision binding and enforceable through Circuit Court • Appeal to the Labour Court (42 days) • Can order equal pay arrears 3 years * • In other cases compensation up to 2 years or €12,700 if not an employee • Mediation – all cases now initially

12. Equality Tribunal 2007www.equalitytribunal.ie • Record number of claims, 36% up on 2006 • 607 cases closed during the year, up 13% on the previous year • Employment Equality: Highlights •  44% Increase in Employment Equality claims in 2007 • 106% increase in claims on the race ground • 59% increase in claims on the disability ground • 5% increase in claims on the gender ground • 14% decrease in claims on the age ground

13. Equality Tribunal ctd Employment cases - danger of backlog acting as disincentive to take case • T 2016: “A particular priority will be the removal of the current backlog of cases before the Equality Tribunal.” • Moving to Portarlington?

14. Sexual Orientation Ground • Gay • Lesbian • Bisexual • Heterosexual • Relevant to thousands of our members! • Justification for treating workers side by side differently because of their sexual orientation?

15. Discrimination • Treatment of a person in a less favourable way than another person is, has been or would be treated in a comparable situation on any of the 9 grounds • Indirect • By imputation • By Association

16. Experience of Discrimination on Sexual Orientation Ground • Overlooked for promotion; • Denied training; • Unfair selection for difficult tasks; • Name calling; • Butt of jokes; • Innuendo and verbal harassment; • Physical violence

17. Lack of Recognition • Relationships not recognised by the law; • Pay taxes, PRSI and pension, yet, can’t avail of rights that other couples take for granted

18. Workplace themes • The Rights of Partners in Emergency Situations • Taxation • Pensions and Death in Service Benefits • Social Welfare • Immigration, Work Permits, Visa/Authorisation and Family Reunification

19. The Rights of Partners in Emergency Situations • Force Majeure Leave - Same sex couples were previously excluded • Parental Leave (Amendment) Act 2006 extended the force majeure provisions to include persons in a relationship of domestic dependency , including same-sex partners;

20. Death-in-Service and After Retirement Benefits and Occupational Pensions • mechanism through which people can establish the same rights, and importantly, discharge their same duties as other couples in terms of benefits arising to the surviving partner under death-in- service and after retirement schemes – entitled to decide! • Occupational pension schemes will be able to specify that the survivor's benefit is payable to the legal spouse only. However, if the scheme allows survivor's benefits to be paid to a partner who is not a spouse, then it must allow that payment to same sex partners. Congress welcomes this change to the legislation as an important step forward. • further legislative work that is needed to change existing practice

21. Social Welfare • recognises only spouses and those living together as “husband and wife” and more recently “opposite sex cohabiting couples” • same-sex cohabitees be regarded as being capable of cohabiting for the purposes of social welfare • Social Welfare Act 2004 – a step backwards • “objective, and reasonable justification”?

22. Taxation • Marriage provides for a number of tax advantages that are not available to same sex couples • married tax credit, entitlement to be treated jointly for the purpose of income tax, a home carers tax credit, a widowed parent tax credit • same sex partnerships should be in a position to become entitled to the tax advantages accorded to married couples.

23. IMMIGRATION • recognises the rights of married couples where one of the couple is an Irish Citizen • no such recognition is provided to same sex couples. • rights to family reunification - non EEA person cannot apply to be joined by their same sex partner. • incremental approach such as giving recognition to foreign registered same sex partnerships including same sex marriages that are conducted abroad could be further explored ?

24. Congress and Equality • Equality strategy seeks to ensure that Congress and affiliate trade unions mainstream equality as a factor in all of our activities, including: • Structures and decision making within our organisations; • Congress’ role in supporting affiliates; • Congress role in trying to influence the policy environment

25. Congress and Equality ctd • 5. Protection of the Rights of Cohabiting Couples The Irish Congress of Trade Unions calls on the Irish Government to immediately take steps to address the serious inequity of treatment of cohabiting couples, whether of same or opposite sex. The lack of legal recognition for such couples results in serious disadvantages for them across a wide range of areas, including employment, taxation, inheritance, pensions, social welfare and immigration. Government needs to act urgently to remedy these inequalities, to which trade unions have been pointing for many years. The recent publication of the Options Paper on Domestic Partnership together with the Law Reform Commission's Report on the Rights and Duties of Cohabitants, provide clear guidance on these matters and should be acted on as a matter of urgency. Executive Council • 6.   Employment Equality Act Congress calls on the Minister for Justice, Equality and Law Reform to engage in a consultative process designed to effect the repeal of Section 37.1 of the Employment Equality Act, 1998. Association of Secondary Teachers Ireland

26. Fair Treatment of Same Sex and Cohabiting Couples • Congress welcomes the proposals in the Heads of Bill for civil partnership recently published by the Government. For the first time, lesbian and gay relationships will be recognised, supported and protected by the State. • Comprehensive civil partnership, as proposed in the Heads of Bill, is a major milestone towards equality. The Bill is a fundamental step forward towards the goal of equality for lesbian gay and bisexual couples. The provisions outlined will resolve many immediate and pressing issues faced by lesbian and gay couples, including critical areas such as health, immigration and financial matters. It also provides a platform for further progress. • We look forward to the early passage of the Bill.

27. Fair Treatment of Same Sex and Cohabiting Couples ctd The proposals in the Heads of Bill however, do not provide for legal recognition of the many same-sex couples, particularly women, who are parenting children together, leaving these parents and their children outside the protection of the State. This is of critical importance to parents and their children and Congress urges the Government to bring forward proposals to address this legal gap. Congress also welcomes the public comments by the Minister for Justice, Equality and Law Reform that this equivalence will be carried over to taxation and social welfare through associated changes in the Finance and Social Welfare Acts.  

28. ETUC – Extending Equality • trade union actions to organise and promote equal rights, respect and dignity for workers regardless of their sexual orientation and gender identity

29. Ten things unions can do to promote LGBT equality in the workplace 1 Raise awareness in your trade union that sexual orientation is one of the nondiscrimination grounds protected under EU law, and that LGBT rights must therefore be explicitly addressed in the framework of their broader equality agenda. LGBT workers' rights must be recognized and defended as trade union rights. 2 Make sure that there is a clear commitment from the senior levels of your union on LGBT equality. 3 Draw up specific policies on LGBT workplace rights and ensure that LGBT issues are explicit and visible within your union’s equality policies. This could include specific policies on addressing workplace bullying and harassment. 4 Make it a goal to organise and recruit LGBT people into your union. This also means increasing the visibility and participation of LGBT members at all levels of the union. 5 Set up a LGBT trade union network and group in your union to bring together LGBT members so that they can help the union to develop policies, procedures and practices on equality.

30. 10 things ctd.. 6 Provide resources for a newsletter, email list and web site to raise awareness of your union’s role in promoting LGBT equality. Hold seminars, workshops and conferences on LGBT issues to give visibility to your union’s work in this area. 7 Mainstream LGBT equality issues into all areas of your union’s work so that it is progressed through your decision-making bodies and in collective bargaining. Collective bargaining should also recognise the rights of same-sex partnerships vis-à-vis partner benefits, pensions, family leave/benefits etc. 8 Ensure that LGBT rights and equality are included in your union’s education and training programmes. Ensure that trade union representatives and negotiators are trained on LGBT rights. 9 Make LGBT workplace issues a part of equality policies that can be discussed with employers. Improving the working lives of LGBT workers can only be achieved by working with employers to tackle discrimination and harassment in the workplace. 10 Work in partnership with LGBT community organisations and NGOs and hold joint campaigns and community based events.

31. Make the Union Relevant • general assumption that everyone is heterosexual unless they say otherwise. Many lesbians, gay men or bisexuals are forced to remain invisible at work. Several lesbian, gay and bisexual workers have gained confidence and support to “come out” through their involvement in their union structures but most lesbian and gay workers are not “out”. • Unions should be aware that these members may be reluctant to affirm their identity in an environment where they cannot be certain that they will not experience harassment or other forms of discrimination at a personal or institutional level. This may well have happened in the past leading to their reluctance to be identified as lesbian, gay or bisexual. • Unions must respect this, and it is essential that confidentiality is offered to those who want it and that adequate and relevant support are offered to those who may be “coming out” at work.

33. ‘Equality and Diversity Champions’Challenge Fund • support individuals to implement initiatives through their unions or within their workplaces to promote equality, accommodate diversity, and prevent discrimination for employees and potential employees.

34. Thanks David Joyce 01 889 7746 david.joyce@ictu.ie