Last week, a Cork teacher who was discriminated against for the post of assistant principal because of her gender was awarded £5,000 by the Office of the Director of Equality Investigations. And in two weeks' time, the first decision in an age discrimination case in Europe will be published by the office. The decision, under the Employment Equality Act, 1998 related to a discriminatory job advertisement.
Up to 15 per cent of complaints to the office have been related to age discrimination in the workplace. Both decisions prove that this State is at the cutting edge in Europe with its legislation preventing discrimination not just in the workplace under the Employment Equality Act, but also in all other areas of life under the new Equal Status Act, 2000. At her new disability and family-friendly offices in Clonmel Street, Dublin, Melanie Pine - Director of Equality Investigations - is waiting to see what the public will make of legislation so potent and wide-ranging that, if it is used, employers and the providers of goods and services won't know what hit them. At the moment, she's anticipating how long it will be before somebody gets the idea to send in a complaint about the display of pornographic screen-savers in the office. She's also wondering which bright spark will be the first to realise that they can take a case if they are turned down by an entertainment facility due to age, race or disability.
Pine and her equality officers must remain objective and cannot, under law, comment on the validity of a case in advance. It's up to the public to test the law. The grounds for discrimination under the Equal Status Act, which came into effect a mere four months ago, are vast. "It's a very powerful piece of legislation which has the potential to transform the way we deal with diversity in society," says Pine.
The Office of the Director of Equality Investigations investigates or mediates complaints of discrimination by individuals in relation to access to goods and services, including accommodation and education. For non-employment related discrimination an Equality Officer can award compensation of up to £5,000 and can direct a specific course of action.
The Office also investigates or mediates complaints of discrimination under the Employment Equality Act, 1998, in relation to pay or equal treatment, including harassment, sexual harassment and victimisation. For employment-related discrimination an Equality Officer can award compensation of up to two years' pay or arrears of equal pay and can direct a specific course of action. Since its introduction last October, the Equal Status Act has been used by 17 complainants, often on more than one ground. There were a total of 18 complaints on grounds of discrimination against Travellers, one on grounds of race, three on grounds of age and three on grounds of disability. How far can you take this ground-breaking legislation? Well, how big is your imagination and how clear is your vision? Conventional wisdom has it that the Irish hate to complain (not to the person they're complaining about, anyway). So are we, as a society, ready for the culture of complaint? While people may ask the question, what is actually happening is the evolution of a culture where people are learning to stand up for their rights. Frivolous claims will not be entertained, says Pine.
Those spunky citizens who decide to take cases will be helping to form the case law which will provide the context for equality cases in years to come. What might they complain about? Health care providers who treat elderly people differently by putting them into step-down facilities, while younger people with the same complaints get hi-tech treatment. Schools which do not treat children equally due to religious differences, or who treat students with mental or physical disabilities unequally. Travel insurance companies who turn people down due to age.
Clubs and pubs which enforce dress codes and age limits as a means of screening clientele. Accommodation providers who won't take anyone who isn't white and heterosexual. Restaurants that refuse to take children or people in wheelchairs. Facilities without wheelchair-friendly toilets. The office can make specific orders to companies and service providers. So not only may companies and others who have complaints upheld against them have to spend money on lawyers in defending their cases, if the complaint is upheld, they may also have to change their policies and facilities.
If you decide to make a complaint, your first stop is your union, solicitor, support group or the Equality Authority - which is the Bord Failte of Equality in that it promotes equality and offers advice. You don't need a solicitor, but if you use one you must pay for it, since the Office cannot award costs. The Office of the Director of Equality Investigations acts like a small claims court. The office has 12 equality officers who fully investigate cases and act as judges on each case, issuing decisions which are legally binding. In some cases, mediation may be used, resulting in an unpublished settlement. "We have tried to strike a balance between being formal and informal," says Pine. "We want to be a speedy, not intimidating way of redress." While the respondent may be ordered to pay an award to the claimant, public reputation is also at stake. "For the respondent, it's not just the cost of the award that's involved. It's the damage to reputation and the lost management time and possible legal costs which may be high," says Pine. Whether naming and shaming takes off or not will depend entirely on how willing ordinary people are to insist on their rights.