Thursday, 26 February 2004

Questions (40)

Eamon Ryan

Question:

37 Mr. Eamon Ryan asked the Minister for Justice, Equality and Law Reform the way in which a person can assess whether unlawful discrimination has occurred or the likelihood of success of an action based on the condition set out in section 28 in regard to the Equality Bill 2004. [6377/04]

View answer

Written answers (Question to Minister for Justice, Equality and Law Reform)

Section 28 of the Equality Bill 2004 as passed in the Seanad amends section 74 of the Employment Equality Act 1998 by extending the meaning of victimisation for the purposes of the Act. As a result, a number of additional actions will be included which may be cited as having given rise to a dismissal or other adverse treatment of an employee by his employer, thereby constituting victimisation under the Act of 1998. The additional actions under section 28 of the Equality Bill are: a complaint of discrimination, representation or support of a complainant, being a comparator for the purposes of the Act or lawfully opposing an act which is unlawful under the Equal Status Act 2000. These additions will considerably strengthen the scope of the protection afforded to employees, particularly in situations where they are exercising their rights under the Employment Equality Act. The investigation of a complaint of victimisation will continue to be a matter for ODEI, the Equality Tribunal, or the Labour Court in a claim of unfair dismissal. In addition, the Equality Authority will continue to offer advice to persons in regard to the application of the Act.