What Is Discrimination in Employment? (In Simple Terms)

Discrimination in employment is when someone is treated unfairly at work because of who they are, rather than how they perform their job.

Irish law protects people from being treated differently because of certain personal characteristics, known as protected characteristics. These are set out in the Employment Equality Acts 1998–2015 and include:

• Gender
• Civil status (single, married, divorced, etc.)
• Family status
• Sexual orientation
• Religion
• Age
• Disability
• Race (including nationality, ethnic or national origin and colour)
• Membership of the Traveller community

Simply having one of these characteristics does not automatically mean discrimination has occurred. The key question is:

"Was this person treated less favourably than someone else in a similar situation because of that protected characteristic?"

For example, imagine two employees have the same job, the same experience and the same performance. One employee is promoted while the other is overlooked because they are over 60 years of age. If age was the reason for the different treatment, this could amount to age discrimination.

Another example is where an employee with a disability requests a reasonable adjustment that would allow them to do their job effectively. If the employer refuses to consider that request, while other employees are supported in similar circumstances, this may amount to disability discrimination.

To bring a successful discrimination claim, an employee generally needs to show three things:

1. They have a protected characteristic.
2. They were treated less favourably than someone in a comparable situation.
3. There is evidence suggesting the protected characteristic was the reason for that treatment.

Once enough evidence is presented to raise an inference of discrimination (known as a prima facie case), the burden of proof shifts to the employer. The employer must then explain why the employee was treated differently and show that the treatment was lawful and not based on the protected characteristic.

There are limited situations where different treatment may be legally justified. For example, a women's refuge may lawfully recruit only female support workers where being female is a genuine requirement of the role. However, unless an employer can objectively justify the difference in treatment, the Workplace Relations Commission may conclude that unlawful discrimination has occurred.

In simple terms, discrimination law is designed to ensure that people are judged on their ability, performance and conduct, not on personal characteristics that are protected by law.