Boards are advised to refer to the Employment Equality Act, 1977; the Code of Practice “Measures to Protect the Dignity of Women and Men at Work, 1994” published by The Department of Equality and Law Reform; the Employment Equality Act, 1998; and the Equal Status Act, 2000.
There are nine grounds of discrimination contained in the Employment Equality Act, 1998; and the Equal Status Act, 2000. These are
gender, marital status, family status, sexual orientation, religion, age, disability, race, membership of the Travelling Community .
Discrimination occurs when, on any of the above discriminatory grounds, a person is treated less favourably, was treated less favourable or would be treated less favourably than another person. Discrimination may be categorised as follows:
(a) Direct Discrimination: occurs where a person is treated less favourably specifically on one of the above-mentioned discriminatory grounds,
(b) Indirect Discrimination: occurs where there is less favourable treatment of one of the above-mentioned categories arising out of the obligation to comply with a condition (requirement, practice or otherwise).
(c) Discrimination by Association: occurs where a person associated with another person in one of the above-mentioned categories, is treated less favourably because of that association.
Boards of Management should endeavour to avoid discriminatory practices and to this end should ensure that:
- Job advertisements do not contain requirements which are not essential for the satisfactory performance of the job.
- Job advertisements do not demand qualifications above the Department of Education and Science requirements.
- Job advertisements do not demand experience which is not essential to the job advertised
- Job application forms do not contain questions which are discriminatory. Such forms should not contain questions on the politics, religion, sexual orientation, marital status, date of birth, nationality or ethnic origin of the candidate.
- Questions asked at interview do not set out to elicit information which could arguably be used to discriminate. Questions relating to such matters as age, marital status, number of children, arrangements for minding children or religion should not be asked.
A formal agreement on equality of opportunity in Community and Comprehensive schools exists between ACCS, ASTI and TUI. (See Appendix 4).