Entry #804: LGBT employment discrimination in Ireland

Current Version

RegionIreland
IssueLGBT employment discrimination
StatusSexual orientation only
Start DateJan 1999
End Datenow
DescriptionIreland's Employment Equality Act, 1998, and the Equal Status Act, 2000 outlawed discrimination on the basis of sexual orientation.
Sourceshttp://www.irishstatutebook.ie/2000/en/act/pub/0008/index.html http://www.irishstatutebook.ie/1998/en/act/pub/0021/index.html
Reports (12)
  • Status is not correct "Protection against discrimination for transgender persons in employment is afforded under the "gender" and "disability" grounds of the Employment Equality Act. The Employment Equality Act transposes EU law and therefore is interpreted autonomously in line with the principles of EU law. Accordingly, the Employment Equality Act has been interpreted in a way that adopts the reasoning in the decision of the ECJ in P v S and Cornwall County Council (Case C-13/9). See e.g. Hannon v First Direct Logistics Ltd (available at https://www.workplacerelations.ie/en/cases/2011/march/dec-e2011-066-full-caase-report.html). It is not correct to say transgender persons have no protection under Irish Employment law although it does lack visibility due to the legal definitions in the Act. There are more transgender cases available on the Workplace Relations Commission's decisions and determinations database (see https://www.workplacerelations.ie/en/search/?decisions=1&q=%22transgender%22)"
  • Status is not correct "The gender ground covers this in Irish law - Please make contact with: Irish Human Rights and Equality Commission : https://www.ihrec.ie/ for clarification / explanations."
  • Status is not correct "The Equal Status Act cover discrimination against gender, which includes transgender : Please contact Irish Human Rights and Equality Commission for more accurate info: https://www.ihrec.ie/your-rights/i-have-an-issue-with-a-service/what-categories-of-people-are-covered-by-the-law-on-discrimination-in-relation-to-services/"
  • Status is not correct "Trans people are covered under the "gender" grounds."
  • Status is not correct "Trans people are protected under Irish employment acts 1998-2015 under the "gender" ground, even though they are not expressly named as a category in the acts."
  • Status is not correct "Gender identity discrimination is accepted as sex discrimination in line with eu law. "
  • Status is not correct "The ground of gender is also protected which the Equality Authority has defined as discriminations on the grounds of being a man, a woman or a transsexual man or woman. While this only gives protection to those transgender people who identify as transsexual and are transitioning it is inaccurate to say there is no protection for trans people/ on the grounds of gender identity in employment. The exact same applies in the Equal Status Act which prohibits discrimination in the provision of good and services (both public and private) "
  • Status is not correct "recently banned discrimination (http://www.advocate.com/world/2015/12/03/ireland-bans-discrimination-against-lgbt-teachers)"
  • Status is not correct "See The Irish Human Rights and Equality Commission (IHREC)website www.ihrec.ie & their booklet "Explaining Employment Equality Rights" which shows that gender identity is protected specifically under Irish law "
  • Status is not correct "Transgender people also protected under the Equal Status Acts."
  • Status is not correct "Discrimmination based on Sexual Orientation illegal except with regard to religious institutions such as hospitals or Schools Section 37.1 of the Employment Equality Act 1998 allows for discrimination in these institutions"
  • Status is not correct "Legal except with regard to religious institutions such as hospitals or Schools Section 37.1 of the Employment Equality Act 1998 where religious institutions have an exemption if the person is not inline with the religious ethos."


Revision History (3)

Revision by vviet93

Old Value New Value (Current)

Revision by danlev

Old Value New Value

Revision by danlev

Old Value (Original) New Value
Start Date1999-10-011999-01-01
NoteIreland's Employment Equality Act, 1998, and the Equal Status Act, 2000 outlawed discrimination on the basis of sexual orientation.

MatthewCarroll created this entry.