Date Established:

October 1999

Mode of Establishment:

Primary Legislation

Status:

Established under the Employment Equality Act 1998 as an independent statutory equality body.

Mandate / Objectives:    

The Employment Equality Act 1998 sets out the functions of the Equality Authority as:      

(a) to work towards the elimination of discrimination in relation to employment;

(b) to promote equality of opportunity in relation to the matters to which this Act applies;

(c) to provide information to the public on and to keep under review the working of this Act, the Maternity Protection Act, 1994, and the Adoptive Leave Act, 1995, and, whenever it thinks necessary, to make proposals to the Minister for amending any of those Acts; and

(d) to keep under review the working of the Pensions Act, 1990, as regards the principle of equal treatment and, whenever it thinks necessary, to make proposals to the Minister for Social, Community and Family Affairs for amending that Act.

This Act prohibits discrimination in the workplace across nine grounds.

The functions of the Equality Authority were further extended under the Equal Status Act 2000 as:

(a) to work towards the elimination of prohibited conduct;

(b) to promote equality of opportunity in relation to the matters to which this Act applies; and

(c) to provide information to the public on and to keep under review the working of this Act and, whenever the Authority thinks it necessary, to make proposals to the Minister for its amendment.

This Act prohibits discrimination in the provision of goods and services, accommodation and education. It makes specific provision for registered clubs. It covers the same nine grounds.

Grounds covered:          

Gender, marital status, family status, age, disability, sexual orientation, race, religion and membership of Traveller community.

Competencies / Responsibilities:

The powers of the Equality Authority established in the legislation include:

• A broad discretion to grant assistance to a person who considers that they have been discriminated against in bringing a case under the equality legislation if the Equality Authority is satisfied that the case raises an important point of principle or if it appears to the Equality Authority that it is not reasonable to expect the person to adequately present the case without assistance.
• The preparation of Codes of Practice.
• Carrying out an equality review or audit of a particular business or industry and preparing equality action plans.
• Undertake or sponsor research.
• Undertake or sponsor activities related to the dissemination of information.
• Conduct an inquiry for any purpose connected with its functions.
• Institute proceedings without a claimant where, for example, there is a general practice of discrimination.

Main Activities:

The Equality Authority in implementing its mandate to combat discrimination and to promote equality of opportunity will organise its work and resources around the following themes:

• Building equality in service provision that impacts on the quality of people’s lives.
• Contributing to a more accessible workplace and labour market.
• Developing initiatives specific to the disability ground, to the issues of carers under the family status ground, and to the issue of racism.
• Supporting the development of effective equality strategies at national and local level.
• Addressing the specific situation and experience of those within the nine grounds faced with additional barriers of poverty and exclusion.
• Maintaining and developing the internal structures and systems of the Equality Authority.

Work under these themes can involve the deployment of the full range of powers accorded to the Equality Authority as set out above.

Publications:

All available on www.equality.ie

Management:

The structure of the Equality Authority involves a board of twelve members. A Chief Executive is accountable to the Board. A senior management team includes a legal advisor and head of legal section, head of administration section, head of development section, head of research section and head of communication section.

Nomination of Senior Staff and Board:

The Board is appointed by the Minister for Justice, Equality and Law Reform for a four-year term (renewable). It consists of 12 members and includes two nominations from the Irish Congress of Trade Unions and two nominations from the Irish Business and Employers Confederation. The others members are drawn from organisations and groups who have knowledge or experience of equality issues.

Three members of the senior management team were externally recruited and three were seconded from the Department of Justice, Equality and Law Reform.

Number of staff:

53

Budget:

Annual

2005: € 5,451,000

Approved amount from the Department of Justice, Equality and Law Reform.

Accountability:

The Minister for Justice, Equality and Law Reform approves the Strategic Plan of the Equality Authority and lays a copy before both Houses of Parliament. It also receives a copy of annual accounts and auditor’s report, and receives a copy of an Annual Report in respect of each calendar year and lays this before both Houses of Parliament.