Discrimination and COVID-19 (Consultation on the Review of the Equality Acts)

The Government have launched a consultation period, seeking the public’s views on a review of the Equality Acts (Equal Status Acts 2000-2018 and the Employment Equality Acts 1998-2015) (the “Acts”).

The consultation period closes on 29 November 2021.

The Employment Equality Acts 1998–2015

The Employment Equality Acts outlaw discrimination in a wide range of employment and employment-related areas. These include recruitment and promotion; equal pay; working conditions; training or experience; dismissal and harassment including sexual harassment.

The legislation defines discrimination as treating one person in a less favorable way than another person. There are 9 grounds for discrimination, including:

  • Gender
  • Civil status
  • Family status
  • Sexual orientation
  • Religion
  • Age
  • Disability
  • Race
  • Membership of the Traveller community

The Equal Status Acts 2000-2018 

The Equal Status Acts prohibit discrimination in the provision of goods and services, accommodation and education.

The legislation defines discrimination as treating one person in a less favorable way than another person. There are 9 grounds for discrimination, including:

  • Gender
  • Civil status
  • Family status
  • Sexual orientation
  • Religion
  • Age
  • Disability
  • Race
  • Membership of the Traveller community

Purpose of the Consultation

The Government wish to explore the possibility of adding new protected grounds to the Equality Acts, such as a socio-economic ground and gender identity.

The review will also examine the functioning of the Acts and their effectiveness in combatting discrimination and promoting equality. It will also include a review of current definitions, including in relation to disability.

The review also provides an opportunity to review other issues arising, including whether or not further additional equality grounds should be added, whether existing exemptions should be removed or modified.

ICHR Campaign

The ICHR are aware that a great many of the public have suffered discrimination both in the employment context and also in accessing goods and services (entering shops, restaurants, cafes, concerts, schooling events etc.) arising from the COVID-19 pandemic, particularly in relation to the refusal by shops etc. to respect face covering exemptions and also due to their health / immunization status.

It appears to the ICHR that although this consultation is intended, in particular, to introduce a new protected ground of gender identity, it would be more applicable for Government to concentrate on combatting the widespread discrimination being suffered by hundreds of thousands of people in this country, as a direct result of their policy prescriptions.

In order to evidence the level of suffering endured (and the effects of same) by members of the public as a direct result of this Governments actions, we are asking that members of the public complete the questionnaire at the below link, such that the ICHR can make a submission to the Government before 29 November 2021 to press upon the Government to introduce a new protected ground of health / immunization status into the Equality Acts.

The findings from this campaign will also be used in subsequent lobby campaigns concerning any further extension of the Vaccine Passport laws in Ireland.

Please share this campaign widely.

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