A GOVERNMENT Bill outlawing discrimination at work on grounds of sex, marital or family status, age, religion, disability, race or sexual orientation has been published by the Minister for Equality and Law Reform, Mr Taylor.
Outlining its provisions yesterday, Mr Taylor described the new measure as "the most significant step in the fight against discrimination since the enactment of the first Employment Equality Act 20 years ago". The Bill, entitled the Employment Equality Bill, 1996, incorporates most of the existing legislation but also contains a number of major new features, including definitions of harassment and sexual harassment in the workplace.
Other features include a proposal to create a Director of Equality Investigations, who will be based in the Labour Relations Commission and will be "the main focus to redress under the Bill", according to Mr Taylor.
"The director will have the power to investigate complaints and make awards of up to three years arrears of pay, or Pounds 10,000 where a successful complainant is not an employee of the company or agency concerned.
Complainants will also have the right to take an action in the Circuit Court. The director's decisions can also be made binding through the courts.
A wider role is envisaged for the Employment Equality Agency, to be renamed the Equality Authority if the Bill becomes law. The Authority would be given responsibility for monitoring the legislation, along with further measures to be proposed in the Equal Status Bill, dealing with discrimination in the provision of services to the public.
The Bill has been welcomed by the chief executive of the EEA Ms Carmel Foley.
It was also welcomed by the equality officer of the Irish Congress of Trade Unions, Ms Margaret Nolan. But she said: "Much more needs to be done to improve the pay of women workers, particularly in the private sector."
One member of the EEA Ms Leonore Mrkwicka, who is also assistant general secretary of the Irish Nurses Organisation, expressed disappointment that a proposal had been dropped from the Bill to allow for "notional comparators" in equal pay claims. Notional comparators would allow workers in professions which are overwhelmingly female, like nursing, to base equal pay claims on the earnings of other groups of similar qualified workers doing similar jobs.
This proposal was strongly resisted by the employers' organisation IBEC. Mr Taylor said yesterday that no other EU member state allowed for notional comparators in equal pay legislation.
However, the new Bill will create opportunities to demand better treatment for many other groups. Employers will be liable to face equality claims or defend themselves against charges of discrimination from disabled's people, older people, travellers and gay people claiming they have been denied jobs, higher pay or promotion because of who they are. Advertisers, employment agencies and vocational bodies such as trade unions and professional bodies must also show they are not discriminatory in policy or their implementation.
The Bill also allows employers to put in place positive action measures to remove inequalities. The existing legislation confines positive action by employers to education and training.
Certain employments are excluded from the legislation. These include educational and medical institutions run by religious bodies where discrimination is necessary to maintain religious ethos, employment in private households and the Naval Service.