Gender Based Discrimination

This is not unlawful where an employer proves that the difference is genuinely based on grounds other than the gender ground.  The onus of proof lies with the employer.

Note - Discrimination is allowed if the reason is an occupational qualification, such as:-

  • The performance of duties outside the state in a place where the laws or customs are such that those duties could not reasonably be performed by a person of that sex.
  • Special beneficial treatment of women connected with pregnancy, maternity or adoption.
  • Where the duties of the post involve personal services and it is necessary to have persons of both sexes engaged in such duties.
  • Where because of the nature of the employment it is necessary to provide sleeping and sanitary accommodation for employees on a communal basis and it would be unreasonable to expect the provision of separate accommodation of that nature or it is impracticable for an employer to provide it.

Discrimination in Specific Areas

Discrimination is prohibited in relation to:

  • Access to employment.
  • Conditions of employment. Terms of employment (other than pay unless there is like work), working conditions, overtime, shift work, short time, transfers, layoffs, redundancies, dismissals and disciplinary measures.
  • Training or experience for or in relation to employment.
  • Promotion or re-grading, or
  • Classification of posts.

Advertising

Employers should not display an employment advertisement whether public or not, which may contravene with the act and avoid advertisements which:

  • Indicates an intention to discriminate
  • Could be understood as indicating such an intention.

Both the company and the agency/publisher presenting the advertisement are governed by the Act.Employers should ensure that advertisements carry a statement that the company is an Equal Opportunities Employer.