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Equality & Discrimination in the Workplace

Our Employment Team have a wealth of experience in advising on Equality and Discrimination matters in the workplace.

No person should ever be the victim of workplace discrimination. Unfortunately, many employees each year are discriminated against on the grounds of characteristics which are protected under law.

What are the Protected Characteristics in Ireland?

There are 9 protected characteristics on which employers have a legal duty to ensure workers are not discriminated on the grounds of:

Age
Civil Status: Includes single, married, separated, divorced, widowed people, civil partners and former civil partners.
Disability: Includes people with physical, intellectual, learning, cognitive or emotional disabilities and a range of medical conditions.
Family Status: This refers to the parent of a person under 18 years or the resident primary carer or parent of a person with a disability.
Gender: This means man, woman or transsexual.
Traveller: Membership of the Traveller community.
Race: This includes race, skin colour, nationality or ethnic origin.
Religion: This means religious belief, background, outlook or none.
Sexual Orientation: This includes gay, lesbian, bisexual and heterosexual.

Our Equality & Discrimination in the Workplace Expertise

If you have been affected by discrimination of any type in the workplace, Lavelle Partners have the experience and legal expertise to defend your rights. As an equal opportunities’ employer ourselves, we take especially seriously any case of discrimination or inequality within the workplace.

Our Employment Team will work tirelessly to ensure the party/s responsible for your discrimination, or those who failed to protect you from discriminatory behaviour are brought to account.

The Employment Equality Acts 1998-2015 provide that any situation in which an employee is treated less favourably due to one of the nine protected characteristics (as set out above) will be deemed discriminatory. For example, if it can be proven you were overlooked for promotion, not offered a pay rise, prevented from having time off, or any other action by your employer on the grounds of gender, disability, age, or any other characteristic, the law may have been breached.

Within Ireland, the Employment Equity Acts and Equal Status Acts 2000-2015 ("the Acts") exist to protect employees against discrimination and uphold equal rights. This is overseen by the Irish Human Rights and Equality Commission and the Workplace Relations Commission.

Irish equality legislation also imposes specific requirements on employers in relation to:

Equal Pay: Employers are legally obliged to provide equal pay for work that is the same, similar, or of equal value.
Disability: Employers have a duty to ensure equal access to employment, promotion and training, and to make reasonable provisions for those with a disability.
Harassment: Employers have a duty to prevent harassment or bullying which is discriminatory.
Pregnancy: Employers must, under law, not allow an individual who is pregnant to be treated unfairly in regard to recruitment, promotion, and terms of employment.
Victimisation: If you bring a claim against your employer for discrimination, they are prevented, under legislation, from penalising you or treating you unfairly or unfavourably.

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Key Contacts

Marc Fitzgibbon

Partner

Nikita Kelly

Solicitor

How can Lavelle assist with Discrimination in the Workplace?

Our Employment Team, headed up by Partner Marc Fitzgibbon, has been assisting and supporting victims of inequality and discrimination in the workplace for over 35 years and have developed a strong reputation for achieving excellence in this area of law.
Marc is ranked in Band 2 in the latest Chambers and Partners Europe 2024 Guide for Employment: Mainly Plaintiff.
We understand the emotional impact of uncertainty in relation to discrimination and unequal treatment and will handle your case with the utmost empathy, professionalism and confidentiality.
As a full-service law firm, client's benefit from our multi-disciplinary offering and our specialist legal expertise across a number of related practice areas including Banking & Finance, Corporate & Commercial and Property.

Need Help? Just Ask.

For expert legal advice on Equality & Discrimination in the Workplace or any Employment matter, call us on +353 1 644 5800 or email law@lavellepartners.ie

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What Our Clients Say

“Marc Fitzgibbon has a highly pragmatic approach, with a very high level of expertise.”

Chambers and Partners Europe, 2024

“Marc Fitzgibbon stands out as an expert in his field, providing pragmatic support that goes beyond advice and expertise. He provides guidance with respect and understanding, facilitating decisions in the client’s best interest.”

The Legal 500, 2023

“Marc Fitzgibbon excels in all the particular strengths of the Employment team of Lavelle Partners. His in-depth knowledge of how Employment law works in practice is matched with a thoughtful strategic approach. Coupled with an ability to effectively communicate this to the client, enables a collaborative approach which produces good outcomes.”

The Legal 500, 2023

“Marc Fitzgibbon and his team provide exceptional expertise, practical and pragmatic advice to clients.”

The Legal 500, 2023

“The Lavelle Employment law team is highly responsive, helpful and very well informed. Their attention to detail is very strong and the team’s commitment to their clients is exceptional.”