Rise in alleged age and race discrimination cases

THE number of people taking cases against employers alleging age and race discrimination almost doubled last year, the Equality Tribunal revealed yesterday.

The report also showed that the number of equal status cases halved since 2003 as a result of transferring pub cases, which dealt with such issues as Travellers claiming discrimination, to the District Court.

Melanie Pine, director of the tribunal, said there were a fifth more employment equality cases referred to the body last year compared with 2003.

“It (the annual report) shows a rise in employment claims. Particularly at issue are gender, race, disability and age grounds. It also shows a rise in selection and recruitment procedure cases as well,” Ms Pine said.

“In equal status it is a very different picture. The number of cases has halved on 2003 because of the transfer (to the District Court) of pub cases which dealt with mainly Traveller ground, disability and age ground.”

Justice Minister Michael McDowell said that out of 77 decisions issued on employment equality grounds, only 11 appeals were upheld by the Labour Court.

“This clearly reflects a high level of professionalism and impartiality,” he said.

Under employment legislation, the number of cases referred on grounds of age were up 53%, while race grounds were up 46%. Cases under the equal status provisions were also up - with age-related cases showing an increase of 61%.

However, Ms Pine said the primary ground for referral of claims of discrimination in the workplace was still gender-related.

Many of the employment equality cases were referring to discriminatory dismissals, mainly on gender grounds and frequently involving pregnancy.

“There are a number of cases where we awarded the maximum,” she said.

“One involved a man working in a language school who was told he had to be a woman as it was about going out to interview the lady of the house and that wasn’t typical for a man, so he won that case.”

The tribunal made its biggest ever award last year of €127,362 to one claimant, and the average award was over €14,000.

Ms Pine said the number of cases referred to the tribunal has grown by 25% so far this year and predicted about 600 cases would be brought to the body before the end of the year.

More than 483 cases were referred to the tribunal last year, with 77 decisions issued in employment equality and 110 under the equal status legislation.

In 2004, the tribunal decided 50% more cases in employment equality and 30% more cases in Equal Status, with 59 resolved through mediation.

Ms Pine said the tribunal still had a backlog of about 300 cases stretching back to 2002 under the Equal Status Act.

“The growing number of referrals means that the backlog will also grow again unless we take some strong measures,” she said.

“The delay is hard on both complainant and respondent and can make the case more difficult to disentangle when it finally comes to hearing.”