Discrimination, Harassment & Bullying (Ireland)
Types of employment
An employer’s duty to protect you from discrimination, bullying and harassment vary depending on if you are an employee or self-employed. Please contact our Employment Advice Line to find out how different laws apply to you.
Discrimination
TThe Employment Equality Acts 1998-2015 protects you from discrimination at work. There are 9 grounds of discrimination, and it is against the law to discriminate against anyone because of them. They are:
- Gender (including transgender people)
- Disability
- Age
- Sexual orientation
- Religion
- Belonging to the Traveller community
- Civil status (single, married, separated, divorced, widowed)
- Family status (parent of a person under 18 or the resident primary carer or parent of a person with a disability)
- Race including skin colour, nationality, ethnic or national origin
There are four types of discrimination:
Direct discrimination
Treating someone with a protected characteristic less favourably than others.
Harassment
Unwanted behaviour linked to a protected characteristic that violates someone’s dignity or creates an offensive environment for them.
Indirect discrimination
Putting rules or arrangements in place that apply to everyone, but that put someone with a protected characteristic at an unfair disadvantage.
Victimisation
Treating someone unfairly because they’ve complained about discrimination or harassment.
Examples of discrimination at work
Taking disciplinary action against a disabled employee because of their disability for taking longer to complete a task.
Preventing a worker from applying for an internal promotion opportunity because they are older and may retire soon.
Creating a workplace culture where projects and opportunities are assigned in settings where employees are expected to drink alcohol.
Excluding a pregnant woman from participating in workplace training because they are due to go on maternity leave soon.
Managers making offensive comments about LGBTQ+ people in the earshot of others, including a colleague they know is transgender.
Disability & Reasonable Adjustments
If you are disabled, you have the same rights as other workers. Employers must also make ‘reasonable accommodations’ to ensure you are not put at an unfair disadvantage compared to non-disabled people.
When you are at work, reasonable accommodations include:
- Providing specific equipment and assistive technology
- Adjusting your hours or providing flexible arrangements such as part-time, flexitime, job sharing or remote work
- Ensuring workplaces have the right facilities and are accessible
If you develop a disability or your disability changes while in your job, your employer should make reasonable accommodations such as:
- Partial re-deployment: continuing part of your original job with adaptations or new tasks
- Re-deployment: moving to a new job with retraining
What you can do if you are being discriminated against at work
The first step is to address the issue directly with your employer. You may choose to complain to a manager, HR department, or trade union representative. We can advise you on how to make a complaint about discrimination.
Contact our Employment Advice Line
The Workplace Relations Commission (WRC) investigates or mediates claims of unlawful discrimination under equality legislation.
You can bring a discrimination claim under the Employment Equality Acts 1998 to 2015 using the WRC's online complaint form. We can advise you on submitting this complaint form.
Contact our Employment Advice Line
Bullying & Harassment
Bullying is repeated, intentional behaviour that causes harm to a person or group. Bullying has the impact of undermining your dignity at work, and it can be physical, verbal, or psychological.
Harassment is unwanted behaviour that makes you feel intimidated or offended related to any of the 9 grounds of discrimination. Bullying and harassment are not the same, and only harassment related to grounds of discrimination is against the law.
By law, employers must prevent bullying at work. They must also display a summary of their anti-bullying policy prominently in the workplace.
Examples of bullying or harassing behaviour include:
- Spreading malicious rumours (regardless of whether it is true/untrue)
- Unfair treatment (such as holding an employee to a much higher standard compared to others)
- Picking on or regularly undermining someone (such as talking over them or dismissing their abilities)
- Denying someone’s training or promotion opportunities
What you can do if you are being bullied or harassed at work
It is helpful to gather evidence to support your complaint, such as messages, emails and notes about when and where the behaviour occurred.
The next step is to address the issue directly with your employer. You may choose to complain to a manager, HR department, or trade union representative. We can advise you on how to make a complaint about bullying or harassment.
Contact our Employment Advice Line
The Workplace Relations Commission (WRC) investigates or mediates complaints about bullying and harassment.
You can submit a bullying or harassment complaint using the WRC's online complaint form. We can advise you on submitting this complaint form.
If your complaint is not appropriately addressed and harassment continues, there are other avenues you can pursue. We can advise you on your options and connect you with organisations that may be able to provide you with support.
Contact our Employment Advice Line
Sexual harassment
Sexual harassment is unwanted conduct of a sexual nature that has the purpose or effect of violating a person’s dignity, or creating an intimidating, hostile, degrading, humiliating, or offensive environment for them. Sexual harassment can be perpetrated by anyone of any gender or sexual orientation.
Sexual harassment can be a singular incident or pattern of behaviour. It can happen in-person or online. At work, sexual harassment can involve:
- Making comments about someone’s body, clothing or appearance
- Talking about sex or asking questions about someone’s sex life
- Sexual jokes
- Unwanted touching of any kind
- Deliberately brushing up against someone
- Attempted or actual sexual assault
- Sharing pornographic or sexualised images/videos/content
- Repeatedly asking someone on a date and not taking “no” for an answer
What you can do if you are being sexually harassed at work
It may not feel safe for you to address sexual harassment directly with your employer. Our free, confidential support line is open to equestrians experiencing sexual harassment at work. We provide a safe space to talk, explore your options and get ongoing support that is personalised to your needs.
Please contact our Support Line
If you do feel safe to talk to your employer, we can support you to make a formal complaint about sexual harassment.
Contact our Employment Advice Line
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