Workplace racism is bigger problem than sexism, report warns

CASES of racial discrimination against migrant workers now outnumber gender discrimination claims, according to yesterday’s Equality Authority report.

Race has now become the most common reason for alleged discrimination under the Employment Equality Act, the authority's 2003 report found.

The authority's chief executive, Niall Crowley, said the increase reflected the broad range of very difficult experiences of migrant workers in some sectors of the economy.

The number of cases relating to workplace discrimination on race grounds rose from 107 in 2002 to 166 last year a figure representing 30% of all cases under the Employment Equality Act.

"The extent and seriousness of the issues raised in the case files highlight the necessity for a comprehensive implementation of the EU Race Directive," said Mr Crowley.

Migrant workers complained they faced excessive working hours, no overtime pay, illegal pay deductions, lack of holiday pay, harassment and dismissal.

Mr Crowley said the authority was unable to act on some serious cases of discrimination against childminders and carers in private homes because these were excluded from its governing legislation. He also pointed out that the current work permit system left some migrant workers vulnerable to exploitation.

The State's equality legislation outlaws discrimination on nine grounds: those of age, disability, gender, family status, martial status, race, religion, sexual orientation and membership of the Travelling community.

Mr Crowley noted that sexual discrimination in the workplace remains a persistent problem, with 164 documented cases last year. Sexual harassment and discrimination against pregnant women were seen as particular problems.

Overall, the authority opened files on 1,353 cases of alleged discrimination last year an increase of 69 on 2002. Of these, 559 related to the Employment Equality Act and 792 to the Equal Status Act.

Under the latter piece of legislation, access to licensed premises remained the biggest category for allegations of discrimination, accounting for one-third of all cases. Mr Crowley expressed concern at last year's decision by the Justice Minister Michael McDowell to switch discrimination cases involving licensed premises from the authority to the District Courts.

He warned that although the courts could offer more forms of redress, the move reduced the level of protection available to claimants, particularly regarding costs and procedures.

However, Mr McDowell, who launched the report, said he believed the courts were capable of upholding the principles of equality law, as demonstrated by this week's case involving Portmarnock Golf Club.

The club had its licence suspended for seven days after refusing to allow women to become members.

Mr Crowley also remarked that low compensation awards by the Equality Tribunal in cases involving licensed premises were well below the maximum penalty of €6,300.

One notable feature in the report was the fact that public bodies account for one in five of all cases of alleged discrimination under the Equal Status Act. The Authority said such a finding highlighted the need for State organisations to improve their practices.

Among important cases from the report were:

The first motor insurance case which ruled that it was unacceptable to refuse a quotation based solely on a person's age.

The right of a gay couple to be given access to the Free Travel Scheme.

The prosecution of Portmarnock Golf Club.